Dick v. American Home Mortgage Servicing Inc., et al

Filing 127

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/24/17 ORDERING that the discovery cut off deadline is EXTENDED to 10/31/17, for the limited purpose of deposing Plaintiffs, however, all other discovery deadlines remain unchanged. (Benson, A.)

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PETER L. ISOLA (SBN 144146)
[e-mail]
TYLER A. CARLE (SBN 298033)
[e-mail]
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone:
415-362-6000
Facsimile:
415-834-9070
Attorneys for Defendants
HOMEWARD RESIDENTIAL, INC. fka
AMERICAN HOME MORTGAGE SERVICING, INC.,
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR AMERIQUEST MORTGAGE
SECURITIES INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2003-7, and POWER
DEFAULT SERVICES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GABRIEL DICK,

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Plaintiff,
vs.
AMERICAN HOME MORTGAGE
SERVICING, INC., et al.,
Defendants.

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Case No. 2:13-cv-00201-WBS-CKD
JOINT STIPULATION TO EXTEND
DEPOSITION COMPLETION DEADLINE;
ORDER
Honorable William B. Shubb
Trial Set: March 6, 2018

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JOINT STIPULATION TO EXTEND DEPOSITION COMPLETION DEADLINE
CASE NO. 2:13-CV-00201-WBS-CKD
300338529v1 0985004

RECITALS

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Plaintiffs Gabriel Dick and Deborah Jill Dick (“Plaintiffs”) and Defendants HOMEWARD

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RESIDENTIAL, INC. fka AMERICAN HOME MORTGAGE SERVICING, INC., DEUTSCHE

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BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE

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SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-7, and

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POWER DEFAULT SERVICES (together, “Defendants”) (collectively, the “Parties”), by and

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through their respective counsel of record, and subject to the Court’s approval, hereby stipulate and

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agree as follows:

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WHEREAS, pursuant to FRCP 30, Defendants noticed Plaintiffs’ depositions for August 24,
2017, and August 29, 2017;

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WHEREAS, the discovery cutoff deadline in this case is September 1, 2017;

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WHEREAS, Defendants’ Motion for Judgment on the Pleadings is set to be heard on

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October 2, 2017;

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WHEREAS, the Parties are engaged in serious and substantial settlement discussions;

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WHEREAS, the Parties desire to complete the settlement discussions and have the Motion

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for Judgment on the Pleadings heard before taking any depositions, if necessary;

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WHEREAS, Defendants and Plaintiffs agree that the extension of the fact discovery deadline

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is for the deposition of Plaintiffs only, and does not extend the deadline for any other discovery,

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would reduce costs for both Plaintiffs and Defendants and allow the Parties to further pursue

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settlement without engaging in expensive and likely unnecessary depositions;

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WHEREAS, the extension of the fact discovery for only the deposition of Plaintiffs is not
requested for purposes of delay and will not result in any prejudice;

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JOINT STIPULATION TO EXTEND DEPOSITION COMPLETION DEADLINE
CASE NO. 2:13-CV-00201-WBS-CKD
300338529v1 0985004

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STIPULATION
IT IS THEREFORE STIPULATED AND AGREED, by and among Plaintiffs and
Defendants, and subject to the approval of the Court, that:
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The discovery cut off deadline be extended to October 31, 2017, for the limited

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purpose of deposing Plaintiffs, however, all other discovery deadlines remain

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unchanged;

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DATED: August 21, 2017

By: /s/ Danny Barak
Danny Barak
Attorneys for Plaintiffs

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Respectfully Submitted,
UNITED LAW CENTER

DATED: August 21, 2017

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HINSHAW & CULBERTSON LLP
By: /s/ Tyler Carle
Tyler A. Carle
Attorneys for Defendants

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I, Tyler Carle, am the ECF user whose identification and password are being used to file this
Stipulation. I hereby attest that Danny Barak has concurred in this filing.
/s/ Tyler Carle

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ORDER

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Having reviewed the above stipulation of the Parties and good cause appearing therefore, IT
IS SO ORDERED.
Dated: August 24, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION TO EXTEND DEPOSITION COMPLETION DEADLINE
Case No. 2:13-cv-00201-WBS-CKD
300338529v1 0985004