Weber et al v. PNC Bank, N.A. et al

Filing 67

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/11/15 re: 65 ORDERING the discovery deadline date CONTINUED from 11/5/15 to 2/5/16 and the disclosure of expert witness deadline CONTINUED from 1/7/16 to 3/4/16. (Meuleman, A)

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Andrew A. Bao (SBN 247092)
[e-mail]
Meagan S. Tom (SBN 273489)
[e-mail]
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3502
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
PNC BANK, N.A. and HSBC BANK U.S.A., N.A.,
as Trustee for Luminent Mortgage Trust 2007-2
(sued erroneously as “HSBC BANK, U.S.A., N.A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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THOMAS A. WEBER and BELINDA G. WEBER,

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STIPULATION AND ORDER TO
CONTINUE DISCOVERY DEADLINES

Plaintiffs,

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Case No.: 2:13-cv-00298 TLN CKD

v.
Current Discovery Cutoff Date: 11/5/2015
Proposed Discovery Cutoff Date:

PNC BANK, N.A.; HSBC BANK, U.S.A., N.A.;
and DOES 1 to 100, inclusive,

Hon. Troy L. Nunley

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Defendants.
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Pursuant to Federal Rules of Civil Procedure, Rule 16(b)(4) and the U.S. District Court,

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Eastern District of California, Local Civil Rule 83-143, Defendants PNC BANK, N.A. (“PNC”) and

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HSBC BANK U.S.A., N.A., as Trustee for Luminent Mortgage Trust 2007-2 (sued erroneously as

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“HSBC BANK, U.S.A., N.A.) (“HSBC”) and Plaintiff THOMAS A. WEBER (“Plaintiff”)

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(collectively, the “Parties”) herein stipulate for a continuance of discovery deadlines in the above-

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referenced action.

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RECITALS
1.

Trial in this matter is currently set for October 17, 2016, and the last day to complete

discovery is November 5, 2015.
2.

The Parties agree that a continuance of the discovery cutoff date in the best interest of

justice of all parties because:
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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES

2098175.1

A.

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death of Plaintiff Belinda Weber, including but not limited to, a loan modification review;
B.

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However, the Parties require additional time in order to submit a loan

modification application and to review said loan modification application;
C.

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The Parties continue to explore potential settlement options following the

There are currently no other parties involved in this litigation, and thus no

parties will be prejudiced by the terms of this stipulation;
D.

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The Parties had previously requested a trial continuance on July 22, 2014, at

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which time the pleadings were not at issue and contained new allegations and claims, necessitating

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additional time to conduct discovery.
E.

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The Court had previously granted the trial continuance, and set the new trial

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for October 17, 2016. This stipulation does not continue the trial date, or any other trial-related

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deadlines besides the discovery deadlines.

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3.

Thus, good cause exists for a continuance of the discovery deadlines in this action.

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4.

Whereas, the Parties request a continuance of the following deadlines:

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February 5, 2016

Last Day to Complete Discovery and;

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March 5, 2016

Last Day for Disclosure of Expert Witness

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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
2098175.1

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NOW THEREFORE, THE PARTIES HERE STIPULATE TO THE FOREGOING, subject
to this Court’s approval.

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DATED: September 8, 2015

MOLSBY & BORDNER, LLP

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By: /s/ Robin D. Shofner (w/authorization)
ROBIN D. SHOFNER
Attorneys for Plaintiffs
THOMAS A. WEBER and BELINDA G. WEBER

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DATED: September 8, 2015

WOLFE & WYMAN LLP

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By: /s/ Meagan S. Tom (SBN 273489)
ANDREW A. BAO
MEAGAN S. TOM
Attorneys for Defendants
PNC BANK, N.A. and HSBC BANK U.S.A.,
N.A., as Trustee for Luminent Mortgage Trust
2007-2 (erroneously sued as “HSBC BANK,
U.S.A., N.A.”)

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ORDER

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The Court, having reviewed the Stipulation and Proposed Order to Continue Discovery

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Deadlines, and good cause appearing therefore, makes the following Order:

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The discovery deadline date is continued from November 5, 2015 to February 5, 2016.

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The disclosure of expert witness deadline date is continued from January 7, 2016 to March 4,

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2016.
IT IS SO ORDERED.

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Dated: September 11, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
2098175.1