Gooden v. Suntrust Mortgage, Inc., et al.,

Filing 117

STIPULATION and ORDER signed by Judge John A. Mendez on 3/12/14 re: 116 , 115 , AMENDING Expert Disclosure deadline. (Meuleman, A)

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NIALL P. McCARTHY (SBN 160175)
[e-mail]
JUSTIN T. BERGER (SBN 250346)
[e-mail]
ERIC J. BUESCHER (SBN 271323)
[e-mail]
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road
Burlingame, CA 94010
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs and the Class

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHEILA GOODEN, an individual; and
MICHELLE HALL, an individual,

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Plaintiffs,

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Case No. 2:11-cv-02595-JAM-DAD
STIPULATION AND ORDER

v.
SUNTRUST MORTGAGE, INC.,
a Virginia corporation,

Courtroom:
Judge:

6, 14th Floor
Hon. John A. Mendez

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Defendant.
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STIPULATION AND [PROPOSED] ORDER; Case No. 2:11-cv-02595-JAM-DAD

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STIPULATION

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Plaintiffs SHEILA GOODEN and MICHELLE HALL (“Plaintiffs”), and Defendant

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SUNTRUST MORTGAGE, INC., (“SunTrust”) by and through their undersigned counsel, hereby

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stipulate as follows:

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WHEREAS by Order dated August 30, 2012 (Docket No. 38), the Court set deadlines in
the Status (Pre-Trial Scheduling) Order;

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WHEREAS on November 15, 2013 this Court heard oral argument on Plaintiffs’ Motion
for Class Certification;

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WHEREAS the Court issued an Order Denying Plaintiffs’ Motion for Class Certification
which has significantly altered the scope of Plaintiffs’ claims in this litigation;

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WHEREAS on December 13, 2013 the Plaintiffs and SunTrust submitted a Joint
Stipulation regarding the Expert Disclosure Deadline to extend that deadline to January 13, 2014;

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WHEREAS on December 26, 2013 Plaintiffs filed a Petition pursuant to Federal Rule of

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Civil Procedure 23(f) in the Ninth Circuit Court of Appeals (Case No. 13-80235);

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WHEREAS the Ninth Circuit has yet to rule on Plaintiffs’ Petition;

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WHEREAS Plaintiffs and SunTrust agree that the scope and claims of the litigation may

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be significantly altered depending on the Ninth Circuit’s decision on Plaintiffs’ Federal Rule of

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Civil Procedure 23(f) Petition;

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WHEREAS the Parties are engaged in settlement negotiations;

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WHEREAS Plaintiffs and SunTrust agree that a continuance of the immediately upcoming

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expert disclosure deadlines by fourteen (14) days is appropriate;

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NOW, THEREFORE, by and through their counsel of record, the Parties hereby stipulate
and agree, subject to Court approval, that the current schedule be amended as follows:

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STIPULATION AND [PROPOSED] ORDER; Case No. 2:11-cv-02595-JAM-DAD

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Expert disclosure deadline

Opening:
Rebuttal:

March 27, 2014
April 10, 2014

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IT IS SO STIPULATED.

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Respectfully Submitted,
Dated: March 12, 2014

COTCHETT, PITRE & McCARTHY, LLP

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By: /s/ Justin T. Berger
NIALL P. McCARTHY
JUSTIN T. BERGER
ERIC J. BUESCHER

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Attorneys for Plaintiffs and the Class

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Dated: March 12, 2014

SEVERSON & WERSON
By: /s/ Philip Barilovits
PHILIP BARILOVITS
Attorneys for Defendant

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STIPULATION AND [PROPOSED] ORDER; Case No. 2:11-cv-02595-JAM-DAD

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ORDER
Pursuant to the Stipulation of the Parties, for good cause shown, the Court hereby
ORDERS that the deadlines be amended accordingly:

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Expert disclosure deadline

Opening:
Rebuttal:

March 27, 2014
April 10, 2014

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IT IS SO ORDERED
Dated: 3/12/2014

/s/ John A. Mendez__________________
THE HONORABLE JOHN A. MENDEZ
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER; Case No. 2:11-cv-02595-JAM-DAD

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