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

Filing 72

STIPULATION and ORDER 71 for continuace of trial-related dates signed by District Judge Troy L. Nunley on 1/27/2016. The last day to complete Discovery is 7/8/2016. Disclosure of Expert Witnesses due by 8/3/2016. Dispositive Motions cut-off is set 11/3/2016. Joint Final Pre-Trial Statement and Evidentiary / Procedural Motion shall be submitted by 2/2/2017. Trial Briefs now due 4/17/2017. Final Pretrial Conference is RE-SET for 2/9/2017 at 2:00 PM and Jury Trial is RE-SCHEDULED for 5/1/2017 at 9:00 AM in Courtroom 2 (TLN). (Marciel, M)

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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 Defendant
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
THOMAS A. WEBER and BELINDA G. WEBER, Case No.: 2:13-cv-00298 TLN CKD
Plaintiffs,

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND TRIALRELATED DATES

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

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Defendants.

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Current Trial Date: October 17, 2016
Proposed Trial Date: April 17, 2016
Time: TBA
Place: Courtroom 2, 15th Floor
Hon. Troy L. Nunley

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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”) (collectively “Defendants”) and Plaintiffs THOMAS A.

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WEBER and BELINDA G. WEBER (“Plaintiffs”) (collectively, the “Parties”) herein stipulate for a

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continuance of the trial date, the pre-trial conference date, and trial-related dates and deadlines in the

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above-referenced action.

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RECITALS
1.

Trial in this matter is currently set for October 17, 2016, and the pre-trial conference
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STIPULATION AND ORDER TO CONTINUE TRIAL DATE, ET AL.

2208478.1

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date is set for August 11, 2016.

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2.

The Parties agree that a continuance of the trial and trial related dates is in the best

interest of justice of all parties because:

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a)

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Plaintiff filed a Second Amended Complaint on June 18, 2014 (Docket Doc
No. 47) containing entirely new claims for relief;

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b)

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Following a Motion to Dismiss, Defendants filed an answer to the Second
Amended Complaint on February 2, 2015 (Docket Doc No. 61);

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c)

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Following the death of Plaintiff Belinda Weber, the Parties have been
exploring potential settlement options, including but not limited to, a loan

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modification review;

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d)

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However, the Parties require additional time in order to explore all potential
settlement options;

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e)

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There are currently no other parties involved in this litigation, and thus no
parties will be prejudiced by the terms of this stipulation;

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f)

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As the pleadings contain new allegations and claims, the Parties will need
additional time to conduct discovery;

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g)

Unless the trial date and all related trial-related deadlines are continued, the

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Parties will be without sufficient time to conduct a factual investigation and

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prepare for trial.

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3.

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

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

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additional time to conduct discovery. A continuance of the trial and trial-related deadlines will not

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prejudice any of the Parties;

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4.

Thus, good cause exists for a continuance of the trial and trial-related dates in this

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

action.

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July 8, 2015

Last Day to Complete Discovery;

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August 3, 2015

Disclosure of Expert Witness;
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STIPULATION AND ORDER TO CONTINUE TRIAL DATE, ET AL.
2208478.1

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November 4, 2016

Dispositive Motion Cutoff;

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February 1, 2017

Joint Final Pre-Trial Statements and evidentiary/procedural

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motions;

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February 8, 2017

Final Pre-Trial Conference;

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April 3, 2017

Trial Briefs Due;

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April 17, 2017

Trial Date.

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

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DATED: January 26, 2016

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: January 26, 2016

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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STIPULATION AND ORDER TO CONTINUE TRIAL DATE, ET AL.
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ORDER
The Court, having reviewed the Stipulation and Proposed Order to Continue Trial and TrialRelated Dates, and good cause appearing therefore, makes the following Order:
The trial date is continued from October 20, 2016 to May 1, 2017, at 9:00 a.m. in Courtroom
2, 15th Floor, of the above-referenced court. The following deadlines are continued as follows:

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July 8, 2016

Last Day to Complete Discovery;

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August 3, 2016

Disclosure of Expert Witness;

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November 3, 2016

Dispositive Motion Cutoff;

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February 2, 2017

Joint Final Pre-Trial Statements and evidentiary/procedural

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motions;

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April 17, 2017

Trial Briefs Due;

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February 9, 2017

Final Pre-Trial Conference at 2:00 p.m.

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May 1, 2017

Trial Date at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: January 27, 2016

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO CONTINUE TRIAL DATE, ET AL.
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