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

Filing 69

STIPULATION and ORDER signed by Judge John A. Mendez on 7/16/13 AMENDING class certification briefing schedule. Plaintiffs' Motion for Class Certification to be filed by 8/16/13; defendant's opposition due 10/17/13; plaintiffs' reply due 11/1/13; Motion for Class Certification Hearing set for 11/6/2013 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (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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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; and
MICHELLE HALL, an individual,

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

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Plaintiffs,
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vs.

STIPULATION AND ORDER TO AMEND
CLASS CERTIFICATION MOTION
BRIEFING SCHEDULE

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

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STIPULATION AND [PROPOSED] ORDER TO AMEND CLASS CERTIFICATION
MOTION BRIEFING SCHEDULE; Case No. 2:11-cv-02595-JAM-DAD

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STIPULATION

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Plaintiffs SHEILA GOODEN and MICHELLE HALL, and Defendant SUNTRUST

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MORTGAGE, INC., by and through their undersigned counsel, hereby stipulate as follows:

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WHEREAS, Plaintiffs’ motion for class certification is currently due on July 19, 2013

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(“Motion”). See Scheduling Order (Docket No. 62). Defendant’s Opposition to the Motion is

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due on September 19, 2013. See id. Plaintiffs’ Reply Brief in support of the Motion is due on

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October 4, 2013. See id.

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WHEREAS, Plaintiffs’ motion is set to be heard by this Court on October 9, 2013 at 9:30
a.m.
WHEREAS, on June 19, 2013 this Court granted Plaintiffs’ Motion for Leave to Amend
and ordered that Plaintiffs’ First Amended Complaint be deemed filed on that date.
WHEREAS the parties continue to meet and confer regarding the production of various

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reports generated and/or used by Defendant in connection with the force placement of insurance.

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WHEREAS Plaintiffs believe that further discovery and production of documents, reports

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and/or data is necessary in order to have a full and complete record for Plaintiffs’ Motion and

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have recently propounded additional discovery.

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WHEREAS, the parties have agreed to an additional 28 days for Plaintiffs to file their
Motion for Class Certification and to otherwise extend class certification briefing and hearing.
WHEREAS there are no other pending pre-trial deadlines in this litigation until the expert
disclosure deadline on December 18, 2013.
NOW THEREFORE by and through their respective counsel of record the parties hereby

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stipulate and agree that the current class certification briefing schedule should amended as

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follows:

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Plaintiffs’ Motion for Class Certification to be filed:

August 16, 2013

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Defendant’s Opposition to the Motion to be filed:

October 17, 2013

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Plaintiffs’ Reply in Support of the Motion to be filed:

November 1, 2013

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Hearing on the Motion for Class Certification:

November 6, 2013 at 9:30

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a.m.

STIPULATION AND [PROPOSED] ORDER TO AMEND CLASS CERTIFICATION
MOTION BRIEFING SCHEDULE; Case No. 2:11-cv-02595-JAM-DAD

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IT IS SO STIPULATED

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Respectfully Submitted,

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Dated: July 16, 2013

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COTCHETT, PITRE & McCARTHY, LLP
By:

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/s/ Eric J. Buescher
ERIC J. BUESCHER
Attorneys for Plaintiffs and the Class

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Dated: July 16, 2013

SEVERSON & WERSON, P.C.
By:

/s/ Philip Barilovits
PHILIP BARILOVITS
Attorneys for Defendant

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STIPULATION AND [PROPOSED] ORDER TO AMEND CLASS CERTIFICATION
MOTION BRIEFING SCHEDULE; Case No. 2:11-cv-02595-JAM-DAD

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ORDER
Based on the stipulation of the parties and for good cause showing, the class certification
briefing schedule is hereby amended as follows:

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Plaintiffs’ Motion for Class Certification to be filed:

August 16, 2013

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Defendant’s Opposition to the Motion to be filed:

October 17, 2013

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Plaintiffs’ Reply in Support of the Motion to be filed:

November 1, 2013

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Hearing on the Motion for Class Certification:

November 6, 2013 at 9:30

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a.m.

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IT IS SO ORDERED

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Dated: 7/16/2013

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

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STIPULATION AND [PROPOSED] ORDER TO AMEND CLASS CERTIFICATION
MOTION BRIEFING SCHEDULE; Case No. 2:11-cv-02595-JAM-DAD

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