Boring v. Nationstar Mortgage, LLC et al

Filing 74

STIPULATION and ORDER 73 signed by Judge Garland E. Burrell, Jr., on 1/26/15 ORDERING that the following discovery and trial related deadlines are CONTINUED as follows: fact discovery due 7/6/15, designation of experts with reports due 7/6/15, designation of rebuttal experts with reports due 7/20/15, expert discovery due 8/14/15, the last day for hearing on dispositive motions is 8/24/15,the Final Pretrial Conference is SET for 10/26/2015 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr., a joint pretrial statement shall be filed seven days prior to the hearing, and the Trial is SET for 12/1/15 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

1 Matthew Mellen (SBN: 233350)
Jessica Galletta (SBN: 281179)
2 Eunji Cho (SBN: 286710)
MELLEN LAW FIRM
3 411 Borel Ave, Suite 230
San Mateo, California 94402
[phone]
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Facsimile:
[phone]
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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CARTHEL DENNIS BORING, an individual,
Plaintiff,

Case No.: 2:13-cv-01404-GEB-CMK
[Hon. Garland E. Burrell, Jr.]

v.
NATIONSTAR MORTGAGE, LLC, a limited
liability company; BANK OF AMERICA,
N.A., a national business association; and
DOES 1-50, inclusive,

JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DISCOVERY AND TRIAL RELATED
DEADLINES

Defendants.
Action Filed: July 15, 2013
Trial Date: November 3, 2015

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STIPULATION TO EXTEND DISCOVERY AND TRIAL RELATED DEADLINES

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Plaintiff Carthel Dennis Boring (“Plaintiff”) and Defendants Nationstar Mortgage, LLC

2 and Bank of America, N.A. (“Defendants”) (collectively Plaintiffs and Defendant may be referred
3 to as the “Parties”) hereby stipulate and agrees as follows, subject to the Court’s approval.
RECITALS

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1.

WHEREAS, on April 16, 2014, the trial issued a Scheduling Order in this matter:

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2.

WHEREAS, following, the Court’s Scheduling Order, the parties have been

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diligently engaging in discovery, by propounding written discovery and noticing

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the depositions of pertinent witnesses;

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3.

WHEREAS, following the Court’s Order, Defendant began reviewing Plaintiff for

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a loan modification in an attempt to resolve this matter without the need for further

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litigation and a final decision has not yet been made by Defendant;

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4.

application;

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WHEREAS additional time is needed to process Plaintiff’s loan modification

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WHEREAS the parties have not previously requested an extension of time on any
of the discovery or trial related deadlines

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WHEREAS trial in this matter is currently scheduled for November 3, 2015

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WHEREAS, in an attempt to continue pursuing settlement negotiations without the

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need to expend exorbitant litigation expenses, the Parties wish to extend the

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following discovery and trial related deadlines as follows:

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a. Fact discovery cutoff………………………………July 6, 2015

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b. Designation of experts with reports…………….….July 6, 2015

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c. Designation of rebuttal experts with reports……….July 20, 2015

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d. Expert discovery cutoff…………………………….August 14, 2015

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e. Last day for hearing on dispositive motions……….August 17, 2015

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f. Final Pretrial Conference…………………………..September 7, 2015 at 2:30
p.m.

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STIPULATION TO EXTEND DISCOVERY AND MEDIATION DEADLINES

STIPULATION

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IT IS HEREBY STIPULATED AND AGREED TO that

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1.

The following discovery and trial related deadlines shall be continued as follows::

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a. Fact discovery cutoff………………………………July 6, 2015

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b. Designation of experts with reports…………….….July 6, 2015

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c. Designation of rebuttal experts with reports……….July 20, 2015

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d. Expert discovery cutoff…………………………….August 14, 2015

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e. Last day for hearing on dispositive motions……….August 17, 2015

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f. Final Pretrial Conference…………………………..September 7, 2015 at 2:30
p.m.

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DATED: January 14, 2015

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SEVERSON & WERSON
A Professional Corporation

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By:

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/s/ Laszlo Ladi
Laszlo Ladi(Authorization for esiganture given via email)

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Attorneys for Defendant NATIONSTAR MORTGAGE,
LLC.

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18 DATED: January 14, 2015

REED SMITH LLP

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By:

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/s/ Britt Roberts
Britt Roberts (Authorization for esiganture given via email)

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Attorneys for Defendant BANK OF AMERICA, N.A.

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MELLEN LAW FIRM
DATED: January 14, 2015

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By:

/s/ Matthew Mellen
Matthew Mellen

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Attorneys for Plaintiff CARTHEL DENNIS BORING

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STIPULATION TO EXTEND MEDIATION DEADLINE

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PROPOSED ORDER
The Court, having read the above-stipulation and good cause appearing therefor, IT IS

3 HEREBY ORDERED THAT:
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1.

The following discovery and trial related deadlines shall be continued as follows::

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a. Fact discovery cutoff………………………………July 6, 2015

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b. Designation of experts with reports…………….….July 6, 2015

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c. Designation of rebuttal experts with reports……….July 20, 2015

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d. Expert discovery cutoff…………………………….August 14, 2015

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e. Last day for hearing on dispositive motions……….August 24, 2015

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f. Final Pretrial Conference…………………………..October 26, 2015 at 11:00
a.m.. A joint pretrial statement shall be filed seven days prior to the hearing.

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g. Trial is rescheduled for December 1, 2015, at 9:00 a.m.

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14 Dated: January 26, 2015
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STIPULATION TO EXTEND MEDIATION DEADLINE