Sliger et al v. Prospect Mortgage, LLC et al

Filing 62

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 07/12/11 as to 58 MOTION to CERTIFY CLASS (CONDITIONAL): Motion Hearing RESET for 8/15/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Defendant Prospect Mortgage LLCs opposition to Plaintiffs Motion due by 7/25/2011. Plaintiffs reply brief due by 8/1/2011. The parties shall not conduct any discovery prior to the hearing on Plaintiffs Motion for Conditional Certification. (Michel, G)

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SEYFARTH SHAW LLP
Andrew M. Paley (SBN 149699)
E-mail: [e-mail]
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Alfred L. Sanderson, Jr. (SBN 186071)
E-mail: [e-mail]
Brandon R. McKelvey (SBN 217002)
E-mail: [e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
PROSPECT MORTGAGE, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH SLIGER, CAROL DION and
SCOTT AVILA, individually, on behalf of
others similarly situated, and on behalf of the
general public,

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Plaintiffs,
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v.
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PROSPECT MORTGAGE, LLC, and DOES 1- )
50, inclusive,
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Defendants.

Case No. 2:11-CV-00465-LKK-EFB
STIPULATION REGARDING
HEARING ON PLAINTIFFS’ MOTION
FOR CONDITIONAL CERTIFICATION
AND ORDER THEREON
[L.R. 144]

Complaint Filed: October 18, 2010

IT IS HEREBY STIPULATED, by and between ELIZABETH SLIGER, CAROL DION,

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and SCOTT AVILA (“Plaintiffs”) and PROSPECT MORTGAGE LLC (“Defendant”), through

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their respective undersigned counsel, as follows:

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WHEREAS, Plaintiffs filed their Motion for Conditional Certification on June 28, 2011,
which is scheduled to be heard on August 1, 2011;
WHEREAS, the counsel for the parties have meet and conferred regarding the hearing

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date on Plaintiffs’ Motion for Conditional Certification, and the briefing schedule with respect to

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the Motion for Conditional Certification;
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STIPULATION RE: HEARING ON MOTION FOR CONDITIONAL CERTIFICATION; [PROPOSED] ORDER
13554131v.1

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WHEREAS, counsel for the parties have agreed to reschedule the hearing date on
Plaintiff’s Motion for Conditional Certification to August 15, 2011, with Defendant’s opposition
due on July 25, 2011, and Plaintiffs’ reply brief due on August 1, 2011;
WHEREAS, counsel for the parties have agreed to refrain from conducting any discovery
prior to the hearing on Plaintiffs’ Motion for Conditional Certification.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and
Defendant, through their respective undersigned counsel, that:
The hearing on Plaintiffs’ Motion for Conditional Certification, currently scheduled for
August 1, 2011 at 10:00 a.m. in Department 4 of this Court, shall be moved to August 15, 2011
at 10:00 a.m. in Department 4 of this Court.
Defendant’s opposition to Plaintiff’s Motion for Conditional Certification shall be filed
on or before July 25, 2011.
Plaintiffs’ reply in support of their Motion for Conditional Certification shall be filed on
or before August 1, 2011.
The parties will not conduct any discovery prior to the hearing on Plaintiffs’ Motion for
Conditional Certification, which will be held on August 15, 2011.
IT IS SO STIPULATED.

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DATED: July 8, 2011

NICHOLS KASTER, LLP

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By___/s/ Robert L. Schug__________________
Matthew C. Hellend
Robert L. Schug
Attorneys for Plaintiffs
ELIZABETH SLIGER, CAROL DION and
SCOTT AVILA, et al.

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DATED: July 8, 2011

SEYFARTH SHAW LLP

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By

/s/ Brandon R. McKelvey
Brandon R. McKelvey
Attorneys for Defendants
PROSPECT MORTGAGE, LLC

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STIPULATION RE: HEARING ON MOTION FOR CONDITIONAL CERTIFICATION; [PROPOSED] ORDER
13554131v.1

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ORDER
The hearing on Plaintiffs’ Motion for Conditional Certification, currently scheduled for
August 1, 2011 at 10:00 a.m. in Department 4 of this Court, will be scheduled for August 15,
2011 at 10:00 a.m. in Department 4 of this Court. Defendant Prospect Mortgage LLC’s
opposition to Plaintiffs’ Motion for Conditional Certification shall be filed on or before July 25,
2011. Plaintiff’s reply brief shall be filed on or before August 1, 2011. The parties shall not
conduct any discovery prior to the hearing on Plaintiffs’ Motion for Conditional Certification.
IT IS SO ORDERED.

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Dated: July 12, 2011
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STIPULATION RE: HEARING ON MOTION FOR CONDITIONAL CERTIFICATION; [PROPOSED] ORDER
13554131v.1