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

Filing 54

STIPULATION and ORDER 53 for modification of Briefing Scheduling and Pre-Trial Scheduling Order signed by Judge John A. Mendez on 4/3/2013. Plaintiff's Motion for Class Certification to filed by 6/28/2013. Defendant's Opposition to Motion shall be submitted by 8/30/2013. Plaintiff's Reply in support of Motion is now due by 9/20/2013. Hearing on Motion to be set for 10/9/2013 at 9:30 AM. Expert Witness Disclosures shall be filed by 12/18/2013. Supplemental / Rebuttal Expert Disclosure due 1/17/2014. Completion of Discovery now set for 2/19/2013. Final Pretrial Conference is RE-SET for 6/6/2014 at 10:00 AM and Jury Trial is CONTINUED to 7/14/2014 at 9:00 AM in Courtroom 6 (JAM). (Marciel, M)

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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 Plaintiff and the Class

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MICHAEL J. STEINER (SBN 112907)
[e-mail]
PHILIP BARILOVITS (SBN 199944)
[e-mail]
CASEY J. McTIGUE (SBN 266361)
[e-mail]
SEVERSON & WERSON, P.C.
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHEILA GOODEN, an individual,

Case No. 2:11-cv-02595-JAM-DAD

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Plaintiff,
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vs.
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SUNTRUST MORTGAGE, INC.,
a Virginia corporation,

STIPULATION AND ORDER
REGARDING MODIFICATION OF
CLASS CERTIFICATION BRIEFING
SCHEDULE AND PRE-TRIAL
SCHEDULING ORDER IN LIGHT OF
PROPOSED MEDIATION

Defendant.

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF CLASS
CERTIFICATION BRIEFING SCHEDULE; Case No. 2:11-cv-02595-JAM-DAD

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STIPULATION
Plaintiff SHEILA GOODEN (“Plaintiff”) and Defendant SUNTRUST MORTGAGE,
INC., (“Defendant”) by and through their undersigned counsel, hereby stipulate as follows:

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WHEREAS, pursuant to a prior stipulation and order, Plaintiff’s motion for class

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certification is currently due on April 5, 2013 (“Motion”). See Dkt. No. 48. Defendant’s

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Opposition to the Motion is due on May 10, 2013. Id. Plaintiff’s Reply Brief in support of the

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Motion is due on June 7, 2013. Id. Plaintiff’s Motion is set to be heard by this Court on June 19,

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2013 at 9:30 a.m.

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WHEREAS, on or around March 21, 2013, Plaintiff and Defendant have agreed to attempt
to resolve the litigation through private mediation.
WHEREAS on March 27, 2013 Plaintiff filed a motion for leave to amend the complaint

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to expand certain class definitions from California-only to nationwide and to add Michelle Hall as

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a named Plaintiff. That motion is set for hearing on June 5, 2013, a date which was mutually

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agreed upon by Plaintiff and Defendant, in order to accommodate the planned mediation.

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(Defendant intends on opposing this motion for leave to amend.)

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WHEREAS, the motion to amend filed by Plaintiff is currently pending.

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WHEREAS Plaintiff served additional requests for data which Plaintiff believes is

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relevant to the class certification motion on February 25, 2013, and Defendant has agreed in

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principal to produce certain data responsive to that request, but such production has not yet

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occurred.

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WHEREAS the parties are in agreement that further discovery and production of certain

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data in response to Plaintiff’s February 25 request is necessary in order to have a full and

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complete record for Plaintiff’s Motion.

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WHEREAS the parties agree that the schedule for briefing Plaintiff’s Class Certification

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Motion should be extended in order to accommodate the planned mediation, the production of this

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data, and time for discovery if Plaintiff’s request to add a class representative (which Defendant

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opposes) is granted, the parties propose the following schedule;

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF CLASS

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WHEREAS, due to the proposed mediation and other procedural developments in this

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case, the parties agree that the other various deadlines in this case should be reset to accommodate

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the parties’ attempt to settle the case, subject to Court approval and convenience:

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NOW, THEREFORE, by and through their counsel of record, the parties hereby stipulate
and agree to the following deadlines and dates in this case, subject to Court approval:

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Plaintiff’s Motion for Class Certification to be filed:

June 28, 2013

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Defendant’s Opposition to the Motion to be filed:

August 30, 2013

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Plaintiff’s Reply in Support of the Motion to be filed:

September 20, 2013

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Hearing on the Motion:

October 2, 2013

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Expert Witness Disclosures:

December 18, 2013

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Supplemental/Rebuttal Expert Disclosures

January 17, 2014

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Completion of Discovery

February 19, 2014

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Final Pre-Trial Conference

June 6, 2014

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Trial

July 14, 2014

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All other matters shall remain as they have been set by the Court in the Pre-Trial

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Scheduling Order (Dkt. No. 38).

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IT IS SO STIPULATED

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Respectfully Submitted,

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Dated: April 2, 2013

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COTCHETT, PITRE & McCARTHY, LLP
By:

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Attorneys for Plaintiff and the Class

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/s/ Eric J. Buescher
ERIC J. BUESCHER

Dated: April 2, 2013

SEVERSON & WERSON, P.C.
By:

/s/ Philip Barilovits
PHILIP BARILOVITS
Attorneys for Defendant

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF CLASS

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ORDER (AS MODIFIED BY THE COURT)

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Pursuant to the stipulation of the parties herein and for good cause shown, it is hereby
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ordered that:
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Plaintiff’s Motion for Class Certification to be filed:

June 28, 2013

Defendant’s Opposition to the Motion to be filed:

August 30, 2013

Plaintiff’s Reply in Support of the Motion to be filed:

September 20, 2013

Hearing on the Motion:

October 9, 2013 at 9:30 a.m.

Expert Witness Disclosures:

December 18, 2013

Supplemental/Rebuttal Expert Disclosures

January 17, 2014

Completion of Discovery

February 19, 2014

Final Pre-Trial Conference

June 6, 2014 at 10:00 a.m.

Jury Trial

July 14, 2014 at 9:00 a.m.

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IT IS SO ORDERED.
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Dated: 4/3/2013
/s/ John A. Mendez___________
HON. JOHN A. MENDEZ

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF CLASS