Vogan et al v. Wells Fargo Bank NA et al

Filing 45

STIPULATION and ORDER signed by Judge John A. Mendez on 9/25/2012 ORDERING that the deadline for expert witness disclosures is CONTINUED to 11/6/2012. The deadline for supplemental disclosures and disclosure of rebuttal experts is hereby CONTINUED to 11/20/2012. All other deadlines set forth in this Court's scheduling order of 3/5/2012, shall remain in full force and effect. (Zignago, K.)

1 MARY KATE SULLIVAN (State Bar No. 180203)
KURT C. WENDLENNER (State Bar No. 238434)
2 M. ELIZABETH HOLT (State Bar No. 263206)
SEVERSON & WERSON
3 A Professional Corporation
One Embarcadero Center, Suite 2600
4 San Francisco, California 94111
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants
WELLS FARGO BANK, N.A., successor by
7 merger to WELLS FARGO HOME
MORTGAGE; and U.S. BANK, N.A., as Trustee
8 for WFMBS 2005-AR12
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA — SACRAMENTO DIVISION
11
12
BILL VOGAN and HAROLD TRAUPEL,

Case No. 2:11-CV-02098-JAM-KJN

13
Plaintiffs,
14
vs.
15
WELLS FARGO BANK, N.A.; US BANK
16 NATIONAL ASSOCIATION, AS TRUSTEE
FOR WFMBS 2005-AR12; WELLS FARGO
17 HOME MORTGAGE; and FIRST
AMERICAN TRUSTEE SERVING
18 SOLUTIONS FORMERLY KNOWN AS
FIRST AMERICAN LOANSTAR TRUSTEE
19 SERVICES, LLC; and Does 1-100, inclusive,
20

JOINT APPLICATION TO CONTINUE
EXPERT REPORT DEADLINES
PURSUANT TO LOCAL RULE 144;
ORDER
Courtroom:
Judge:

6
Hon. John A. Mendez

Action Filed:
Trial Date:

August 5, 2011
None

Defendants.

21
22
23
24
25
26
27
28
07685.0950/2386167.1

PDF created with pdfFactory trial version www.pdffactory.com

2:11-CV-02098-JAM-KJN
Joint Stipulation; [Proposed] Order

1

In accordance with Civil Local Rule 144(b), plaintiffs Billi Vogan and Harold Traupel and

2 defendants Wells Fargo Bank, N.A.; Wells Fargo Home Mortgage; and US Bank, N.A., as Trustee
3 for WFMBS 2005-AR12, by and through counsel, respectfully request this Court to continue this
4 case’s expert disclosure deadlines pursuant to Federal Rule of Civil Procedure 26(a)(2).
5

In a pre-trial scheduling order issued March 5, 2012, the Court set the Rule 26(a)(2)

6 deadline for October 9, 2012. Supplemental disclosures and rebuttal expert disclosures are due on
7 October 30, 2012. The final discovery cut-off is November 20, 2012. See Status (Pre-Trial
8 Scheduling) Order dated March 5, 2012, at 3 (Docket Entry [34]).
9

The parties request the Court to continue the initial expert disclosures deadline by four

10 weeks, to November 6, 2012. By the same token, they request the Court to extend the deadline
11 for supplemental disclosures and rebuttal expert disclosures to November 20, 2012.
12

These brief extensions will streamline the discovery process by permitting expert

13 discovery and fact discovery to close on the same date. The extensions are further warranted in
14 light of the impending October 3, 2012 hearing on plaintiff’s counsel’s motion to withdraw.
15

This extension will affect no other pending deadlines in this case. This is the parties’ first

16 request for an extension of the deadlines set out in the Court’s pre-trial scheduling order.
17 / / /
18 / / /
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
07685.0950/2386167.1

1

PDF created with pdfFactory trial version www.pdffactory.com

2:11-CV-02098-JAM-KJN
Joint Stipulation; [Proposed] Order

1 DATED: September 25, 2012

Respectfully submitted,

2

SEVERSON & WERSON
A Professional Corporation

3
4
5

By:

/s/ M. Elizabeth Holt
M. Elizabeth Holt

6

Attorneys for Defendants
WELLS FARGO BANK, N.A., successor by
merger to WELLS FARGO HOME MORTGAGE;
and U.S. BANK, N.A., as Trustee for WFMBS
2005-AR12

7
8
9
10
11
12

DATED: September 25, 2012

PROSPER LAW GROUP LLP

13
By:

14

/s/ Deborah Gutierrez
Deborah Gutierrez

15

Attorneys for Plaintiffs
BILLI VOGAN and HAROLD TRAUPEL

16
17
18
19
20
21
22
23
24
25
26
27
28
07685.0950/2386167.1

2

PDF created with pdfFactory trial version www.pdffactory.com

2:11-CV-02098-JAM-KJN
Joint Stipulation; [Proposed] Order

1

ORDER

2

In accordance with the parties’ joint stipulation, and good cause appearing, it is hereby

3 ORDERED that the deadline for expert witness disclosures pursuant to Federal Rule of Civil
4 Procedure 26(a)(2) is continued to November 6, 2012. The deadline for supplemental disclosures
5 and disclosure of rebuttal experts under Rule 26(a)(2)(C) is hereby continued to November 20,
6 2012.
7

All other deadlines set forth in this Court’s scheduling order of March 5, 2012, shall

8 remain in full force and effect.
9 DATED: 9/25/2012
10

/s/ John A. Mendez_______________

______

11

UNITED STATES DISTRICT COURT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
07685.0950/2386167.1

3

PDF created with pdfFactory trial version www.pdffactory.com

2:11-CV-02098-JAM-KJN
Joint Stipulation; [Proposed] Order