Jette v. Ocwen Loan Servicing, LLC

Filing 17

STIPULATION and ORDER to Stay Proceedings Pending Settlement Discussions, signed by Judge John A. Mendez on 8/10/15. The pretrial schedule is modified as follows: Jury Trial is set for 10/24/2016 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Final Pretrial Conference is SET for 9/9/2016 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Joint Pre-Trial Statement to be filed by 9/2/2016. Last Day for Hearing on Dispositive Motions is 7/26/2016 at 1:30 p.m.. Last Day fo r Filing Dispositive Motions is 6/28/2016. Discovery Cutoff is 5/27/2016. The Due Date for Joint Mid-Litigation Statements is 5/12/2016. Supplemental Disclosure of Expert Witnesses due 2/25/2016. Disclosure of Expert Witnesses due 2/18/2016. (Kastilahn, A)

1 BRYAN CAVE LLP
C. Scott Greene, California Bar No. 277445
2 Tracy M. Talbot, California Bar No. 259786
Monique Jewett-Brewster, California Bar No. 217792
3 560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
4 Telephone:
[phone]
Facsimile:
[phone]
5 Email:
[e-mail]
[e-mail]
6
[e-mail]
7 Attorneys for Defendant
OCWEN LOAN SERVICING, LLC
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

11

SACRAMENTO DIVISION

12
13
SUSAN E. JETTE,

Case No.: 2:14-cv-01451-JAM-CMK

14
Plaintiff,
15

JOINT STIPULATION AND ORDER TO
STAY PROCEEDINGS PENDING
SETTLEMENT DISCUSSIONS

v.
16
OCWEN LOAN SERVICING, LLC, et al.,
17
Defendants.
18

AS AMENDED BY THE COURT
Hon. John A. Mendez

19
20
21
22
23
24
25
26
27
28

256539.2\C080300\0370910
JOINT STIPULATION TO STAY PROCEEDINGS

1

This Stipulation is entered into by Plaintiff Susan Jette (“Plaintiff”) and Defendant Ocwen

2 Loan Servicing, LLC (“Defendant,” collectively with Plaintiff, the “Parties”).
3

WHEREAS, Plaintiff filed her Complaint and Demand for Jury Trial (“Complaint”) on

4 June 17, 2014.
5

WHEREAS, Plaintiff initiated the loan modification process with Defendant shortly after

6 the Complaint was filed.
7

WHEREAS, the Parties previously agreed to extend Defendant’s time to file an answer to

8 the Complaint so that Plaintiff’s loan modification application could be reviewed.
9

WHEREAS, the Parties further agreed to continue the trial date set in this matter from

10 October 26, 2015 to April 26, 2016, along with all related pretrial deadlines.

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

11

WHEREAS, Plaintiff submitted an updated loan modification application to Defendant on

12 April 9, 2015.
13

WHEREAS, on July 27, 2015, Defendant extended a Home Affordable Mortgage Program

14 (“HAMP”) Trial Period Plan (“TPP”) to Plaintiff, which TPP Plaintiff accepted.
15

WHEREAS, Plaintiff’s payments under the TPP are due on September 1, 2015, October 1,

16 2015, and November 1, 2015, respectively.
17

WHEREAS, the Parties agree that it would be beneficial to pursue informal resolution of

18 this matter via the loan modification application process and continued settlement negotiations.
19

WHEREAS, the Parties seek to stay all proceedings in this matter for six (6) months,

20 including all discovery, dispositive motion, and pretrial deadlines, including Defendant’s deadline
21 to respond to the Complaint, to avoid the unnecessary expenditure of party or Court resources.
22

WHEREAS, the Parties agree that the stay requested herein is not requested for the

23 purposes of delay and will not result in any prejudice to the Parties or to the Court.
24

NOW, THEREFORE, the Parties desire and hereby STIPULATE to the following trial

25 date and pretrial schedule, in line with their request for a six-month stay of proceedings:
26 / / /
27 / / /
28 / / /

256539.2\C080300\0370910

1
JOINT STIPULATION TO STAY PROCEEDINGS

1

Trial Date:

October 25, 2016

2

Final Pretrial Conference:

September 9, 2016

3

Joint Pre-Trial Statement filed by:

September 2, 2016

4

Last Day for Hearing on Dispositive Motions:

July 27, 2016

5

Last Day for Filing Dispositive Motions:

June 29, 2016

6

Discovery Cutoff:

May 27, 2016

7

Due Date for Joint Mid-Litigation Statements:

May 12, 2016

8

Supplemental Disclosure of Expert Witnesses:

February 25, 2016

9

Disclosure of Expert Witnesses:

February 18, 2016

10

IT IS SO STIPULATED.

BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

11
12

Dated:

August 10, 2015

13

BRYAN CAVE LLP
C. Scott Greene
Tracy M. Talbot
Monique Jewett-Brewster

14
15

By: /s/ Monique Jewett-Brewster
Monique Jewett-Brewster
Attorneys for Defendant
Ocwen Loan Servicing, LLC

16
17
18 Dated:

August 10, 2015

19

GOLDEN & CARDONA-LOYA, LLP
Jeremy S. Golden

20
By: /s/ Jeremy S. Golden
Jeremy S. Golden
Attorneys for Plaintiff Susan E. Jette

21
22
23

I hereby attest that I have on file the permission of all necessary filers for any signatures
24
indicated by a "conformed" signature (/S/) within this e-filed document.
25
26

/s/ Monique Jewett-Brewster

27
28

256539.2\C080300\0370910

2
JOINT STIPULATION TO STAY PROCEEDINGS

1

ORDER - AS AMENDED BY THE COURT

2

Having reviewed the stipulation of Plaintiff Susan Jette and Defendant Ocwen Loan

3 Servicing, LLC, and good cause appearing,
4

IT IS HEREBY ORDERED THAT the April 26, 2016 trial date is continued until

5 October 25, 2016. The pretrial schedule shall be as follows:
Trial Date:

October 24, 2016 at 9:00 a.m.

7

Final Pretrial Conference:

September 9, 2016 at 11:00 a.m.

8

Joint Pre-Trial Statement filed by:

September 2, 2016

9

Last Day for Hearing on Dispositive Motions:

July 26, 2016 at 1:30 p.m.

10

Last Day for Filing Dispositive Motions:

June 28, 2016

11
BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994

6

Discovery Cutoff:

May 27, 2016

12

Due Date for Joint Mid-Litigation Statements:

May 12, 2016

13

Supplemental Disclosure of Expert Witnesses:

February 25, 2016

14

Disclosure of Expert Witnesses:

February 18, 2016

15
16
17

Dated: 8/10/2015

18

/s/ John A. Mendez____________
Honorable Judge John A. Mendez
United States District Court
Eastern District of California

19
20
21
22
23
24
25
26
27
28

256539.2\C080300\0370910

3
JOINT STIPULATION TO STAY PROCEEDINGS