Esquivel et al v Bank of America, N.A., et al

Filing 72

ORDER signed by Judge Garland E. Burrell, Jr on 5/6/15 ORDERING Upon consideration of the Stipulated Request for Extension of Time for Defendants to File Opposition to Plaintiffs Motion for Class Certification and Modification of Scheduling Order , IT IS HEREBY ORDERED THAT the Joint Stipulation is hereby GRANTED. The New Deadline Dates: Opposition to Motion for Class Certification - June 2, 2015; Reply to Motion for Class Certification - July 1, 2015; Class Certification Hearing - July 27, 2015; Pretrial Scheduling Conference - October 19, 2015. (Becknal, R).

1 Steven A. Ellis (SBN 171742)
[e-mail]
2 GOODWIN PROCTER LLP
601 S. Figueroa Street
st
3 41 Floor
Los Angeles, CA 90017
4 Tel.: [phone]
Fax: [phone]
5
James W. McGarry (pro hac vice)
6 [e-mail]
GOODWIN PROCTER LLP
7 53 State Street
Boston, MA 02109
8 Tel.: [phone]
Fax: [phone]
9
Alyssa A. Sussman (pro hac vice)
10 [e-mail]
GOODWIN PROCTER LLP
11 620 Eighth Avenue
New York, NY 10018
12 Tel.: [phone]
Fax: [phone]
13
Attorneys for Defendants
14 Bank of America, N.A.
Bank of America Corporation
15
UNITED STATES DISTRICT COURT
16
EASTERN DISTRICT OF CALIFORNIA
17
SACRAMENTO DIVISION
18
Case No. 2:12-cv-02502-GEB-KJN
ANTONIO ESQUIVEL and BEATRIZ
19 ESQUIVEL, individually, on behalf of all
STIPULATED REQUEST FOR
others similarly situated, and on behalf of
EXTENSION OF TIME FOR
20 the general public,
DEFENDANTS TO FILE OPPOSITION TO
PLAINTIFFS’ MOTION FOR CLASS
21
Plaintiffs,
CERTIFICATION AND MODIFICATION
OF SCHEDULING ORDER
22
v.
23 BANK OF AMERICA, N.A; BANK OF
24 AMERICA CORPORATION; and DOES 1
through 100 inclusive,
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Defendants.
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Judge:
Dept.:

Hon. Garland E. Burrell, Jr.
Courtroom 10, 13th Floor

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STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN

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Plaintiffs Antonio and Beatriz Esquivel (“Plaintiffs”) and Defendants Bank of America,

2 N.A. and Bank of America Corporation (together, “Bank of America” or “Defendants”)
3 (collectively referred to as the “Parties”) hereby stipulate to, and jointly move this court for an
4 order, (a) setting June 2, 2015 as the deadline for Defendants to file their class certification
5 opposition submissions; (b) setting July 1, 2015 as the deadline for Plaintiffs to file their class
6 certification reply submissions; (c) setting the hearing on the class certification motion for July 20,
7 2015; and (d) setting the Pretrial Scheduling Conference for 9:00 a.m. on September 21, 2015.
8

WHEREAS, on November 19, 2013, the Court ordered that (a) Plaintiffs’ Motion for Class

9 Certification be filed by September 8, 2014; (b) Defendants’ Opposition to Plaintiffs’ Motion for
10 Class Certification be filed by October 23, 2014; (c) Plaintiffs’ Reply in Support of their Motion
11 for Class Certification be filed by November 21, 2014; (d) the hearing on Plaintiffs’ Class
12 Certification Motion be noticed for December 8, 2014 at 9:00 a.m.; and (e) a further status
13 conference be set for February 9, 2015 (Dkt. #52);
14

WHEREAS, on July 17, 2014, the Court granted the Parties’ Stipulated Request for

15 Modification of Scheduling Order, and ordered that (a) Plaintiffs’ Motion for Class Certification
16 be filed by March 30, 2015; (b) Defendants’ Opposition to Plaintiffs’ Motion for Class
17 Certification be filed by May 14, 2015; (c) Plaintiffs’ Reply in Support of their Motion for Class
18 Certification be filed by June 12, 2015; (d) the hearing on Plaintiffs’ Class Certification Motion be
19 noticed for June 29, 2015 at 9:00 a.m.; and (e) a further status conference be set for August 31,
20 2015 (Dkt. #60);
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WHEREAS, Plaintiffs filed their Motion for Class Certification on March 30, 2015;

22

WHEREAS, Defendants originally noticed both Plaintiffs’ depositions for April 22, 2015

23 and subpoenaed third-party witness Irma Escobar to testify at a deposition on April 22, 2015;
24

WHEREAS, Defendants took Plaintiff Beatriz Esquivel’s deposition on April 22, 2015;

25

WHEREAS, Plaintiff Antonio Esquivel and third-party witness Irma Escobar did not sit

26 for their depositions on April 22, 2015;
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WHEREAS, at Plaintiffs’ request, Defendants re-noticed Antonio Esquivel’s deposition
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STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN

1 for May 4, 2015 and issued a subpoena for Irma Escobar to testify at a deposition on May 4, 2015;
WHEREAS, due to Mr. Esquivel’s health, his deposition was not completed until May 4,

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3 2015;
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WHEREAS, third-party witness Patricia Reyes did not testify until May 5, 2015;

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WHEREAS, based on Defendants’ need to depose the witnesses in this case well-prior to

6 the date by which they must file their Opposition, Defendants require additional time to prepare
7 their Opposition;
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WHEREAS, the Parties agree that additional time for Defendant to file their Opposition is

9 necessary in order for Defendants not to be prejudiced in responding to Plaintiffs’ certification
10 motion;
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WHEREAS, this request is made in good faith and not for the purposes of delay;

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WHEREAS, under these circumstances, there is good cause to grant the requested

13 extension;
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NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate and

15 jointly request that the Court set the dates for class certification as follows:
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Deadline

Date

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Opposition to Motion for Class Certification

June 2, 2015

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Reply to Motion for Class Certification

July 1, 2015

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Class Certification Hearing

July 27, 2015

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Pretrial Scheduling Conference

October 19, 2015

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IT IS SO STIPULATED.

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STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN

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Dated: May 5, 2015

Respectfully submitted,

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By: /s/ Alyssa Sussman
Steven A. Ellis
[e-mail]
James W. McGarry
[e-mail]
Alyssa A. Sussman
[e-mail]
GOODWIN PROCTER LLP

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Attorneys for Defendants
BANK OF AMERICA, N.A.,
BANK OF AMERICA
CORPORATION

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Dated: May 5, 2015

Respectfully submitted,

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By: /s/ Eric Mercer
Noah Zinner (SBN 247581)
[e-mail]
HOUSING AND ECONOMIC
RIGHTS ADVOCATES
Eric A. Mercer (SBN 248707)
[e-mail]
MERCER LEGAL
Daniel J. Mulligan (SBN 103129)
[e-mail]
JENKINS MULLIGAN & GABRIEL
LLP

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Attorneys for Plaintiffs
ANTONIO AND BEATRIZ
ESQUIVEL

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STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN

PROOF OF SERVICE

1

I am employed in the City and County of New York, State of New York. I
am over the age of 18 and not a party to the within action. My business address is
3 620 Eighth Avenue, New York, New York 10018.
2

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On May 5, 2015, I served the following document by serving it on the persons
below as follows:
STIPULATED REQUEST FOR EXTENSION TO FILE CERTIFICATION OPPOSITION
Eric Andrew Mercer

Attorneys for Plaintiffs

7 [e-mail]

LAW OFFICE OF ERIC ANDREW MERCER

8 770 L Street, Suite 950

Sacramento, CA 95814

9 Tel.: [phone]
Fax: [phone]

10

Daniel J. Mulligan

11 [e-mail]

JENKINS MULLIGAN & GABRIEL LLP

12 78-065 Main Street, Suite 202
La Quinta, CA 92253

13 Tel.: [phone]
Fax: [phone]

14

Noah Zinner

15 [e-mail]

HOUSING AND ECONOMIC RIGHTS ADVOCATES

16 1814 Franklin Street, Suite 1040
Oakland, CA 94612

17 Tel.: [phone]
Fax: [phone]

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

(CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to the
office(s) of the addressee(s) listed above by electronic mail at the e-mail address(es) set
forth above pursuant to Fed.R.Civ.P.5(d)(1). “A Notice of Electronic Filing (NEF) is
generated automatically by the ECF system upon completion of an electronic filing. The
NEF, when e-mailed to the e-mail address of record in the case, shall constitute the proof
of service as required by Fed.R.Civ.P.5(d)(1). A copy of the NEF shall be attached to
any document served in the traditional manner upon any party appearing pro se.”

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I declare under penalty of perjury that I am employed in the office of a
member of the bar of this Court at whose direction this service was made and that
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the foregoing is true and correct.
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Executed on May 5, 2015 at New York, New York.
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Alyssa Sussman

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(Signature)
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STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN

1 Steven A. Ellis (SBN 171742)
[e-mail]

2 GOODWIN PROCTER LLP
601 S. Figueroa Street

3 41st Floor

Los Angeles, CA 90017

4 Tel.: [phone]
Fax: [phone]

5

James W. McGarry (pro hac vice)

6 [e-mail]
GOODWIN PROCTER LLP

7 53 State Street

Boston, MA 02109

8 Tel.: [phone]
Fax: [phone]

9

Alyssa A. Sussman (pro hac vice)

10 [e-mail]
GOODWIN PROCTER LLP

11 620 Eighth Avenue

New York, NY 10018

12 Tel.: [phone]
Fax: [phone]

13

Attorneys for Defendants

14 Bank of America, N.A.

Bank of America Corporation

15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17

SACRAMENTO DIVISION

18
ANTONIO ESQUIVEL and BEATRIZ

Case No. 2:12-cv-02502-GEB-KJN

others similarly situated, and on behalf of

[PROPOSED] ORDER GRANTING
STIPULATED REQUEST FOR
EXTENSION OF TIME FOR
DEFENDANTS TO FILE OPPOSITION TO
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION AND MODIFICATION
OF SCHEDULING ORDER

19 ESQUIVEL, individually, on behalf of all
20 the general public,
21
Plaintiffs,
22

v.

23 BANK OF AMERICA, N.A; BANK OF
24 AMERICA CORPORATION; and DOES 1

Judge:
Dept.:

through 100 inclusive,

25

Hon. Garland E. Burrell, Jr.
Courtroom 10, 13th Floor

Defendants.

26
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28

5
STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN

1

Upon consideration of the Stipulated Request for Extension of Time for Defendants to File

2 Opposition to Plaintiffs’ Motion for Class Certification and Modification of Scheduling Order, IT
3 IS HEREBY ORDERED THAT the Joint Stipulation is hereby GRANTED. The deadline for
4 Defendants to file their class certification opposition submissions is continued to June 2, 2015; the
5 deadline for Plaintiffs to file their class certification reply submissions is continued to July 1,
6 2015; the hearing date on the class certification motion is continued to July 20, 2015; and the
7 Pretrial Scheduling Conference date is continued to 9:00 a.m. on September 21, 2015.
8

IT IS SO ORDERED.

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Dated: May 6, 2015

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STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE CLASS CERTIFICATION
OPPOSITION
Case No. 2:12-cv-02502-GEB-KJN