Weiner v. Ocwen Financial Corporation, et al

Filing 117

ORDER signed by Magistrate Judge Deborah Barnes on 3/6/2018 ORDERING #106 Motion to Compel Hearing Reset for 3/23/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; Joint Statement re discovery disagreement due by 3/16/2018. (Reader, L)

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ELIZABETH L. MCKEEN (S.B. 216690)
[e-mail]
O’MELVENY & MYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, California 92660-6429
Telephone: [phone]
Facsimile: [phone]
JAMES A. BOWMAN (S.B. 220227)
[e-mail]
CATALINA J. VERGARA (S.B. 223775)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street, 18th Floor
Los Angeles, California 90071-2899
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Ocwen Financial Corporation
and Ocwen Loan Servicing, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID WEINER, individually, and on
behalf of other members of the public
similarly situated,

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Plaintiff,
v.

No. 2:14-cv-02597-MCE-DB
JOINT STIPULATED
REQUEST TO CONTINUE
HEARING DATE ON
PLAINTIFF’S AMENDED
MOTION TO COMPEL
AND ORDER

OCWEN FINANCIAL
CORPORATION, a Florida corporation,
and OCWEN LOAN SERVICING,
LLC, a Delaware limited liability
company,
Defendants.

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JOINT STIP. RE CONTINUANCE
2:14-CV-02597-MCE-DB

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WHEREAS, pursuant to the Court’s order filed February 13, 2018 (Dkt.

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114), the date for the hearing regarding Plaintiff’s Amended Motion to Compel,

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originally scheduled for February 16, 2018 was continued to March 9, 2018 at

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10:00 a.m.;

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WHEREAS, counsel for Defendants contends that due to preexisting

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commitments, the attorneys representing Defendant are not available to attend the

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hearing on March 9, 2018;

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WHEREAS, counsel for Defendants contends that Elizabeth McKeen is not
available because she will be arguing a motion to dismiss in another matter on
March 9, 2018;
WHEREAS, counsel for Defendants contends that Catalina Vergara is not
available because she will be out of town for another matter on March 9, 2018;
WHEREAS, counsel for Defendants contends that Jim Bowman is not
available because he will be out of town for another matter on March 9, 2018;
WHEREAS, the parties have continued to exchange written communications

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and met and conferred by phone in an attempt to resolve the issues at the center of

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Plaintiff’s amended motion, but determined on March 1, 2018 that the dispute could

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not be resolved, rendering this hearing necessary;

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WHEREAS, the parties have met and conferred and agreed that a short

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continuance of the hearing on Plaintiff’s amended motion is appropriate given the

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above-mentioned conflicts;

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WHEREAS, counsel for Defendants contend that they confirmed with the

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Court’s deputy on March 2, 2018 that the Court has an open hearing date on March

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23, 2018;

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WHEREAS, Plaintiff is agreeable to Defendants’ requested continuance to

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March 23, but only if the Court is available then. Alternatively, Plaintiff’s counsel

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is available on March 16.

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NOW THEREFORE, the parties stipulate and agree as follows:
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JOINT STIP. RE CONTINUANCE
2:14-CV-02597-MCE-DB

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1. The March 9, 2018 hearing regarding Plaintiff’s Amended Motion to

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Compel will be continued to March 23, 2018 at 10:00 a.m.

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Dated: March 2, 2018

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ELIZABETH L. MCKEEN
JAMES A. BOWMAN
CATALINA J. VERGARA
O’MELVENY & MYERS LLP
By:

/s/ Catalina J. Vergara
Catalina J. Vergara
Attorneys for Defendants
Ocwen Financial Corporation and
Ocwen Loan Servicing, LLC

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BARON & BUDD, P.C.
By:

/s/ Mark Pifko
Mark Pifko
(as authorized on 3/2/2018)
Daniel Alberstone (SBN 105275)
[e-mail]
Roland Tellis (SBN 186269)
[e-mail]
Mark Pifko (SBN 228412)
[e-mail]
Michael Isaac Miller (SBN 266459)
[e-mail]
Baron & Budd, P.C.
15910 Ventura Boulevard , Suite 1600
Encino, California 91436
Telephone: [phone]
Facsimile: [phone]
Philip F. Cossich, Jr.
(to be admitted pro hac vice)
David A. Parsiola
(to be admitted pro hac vice)
Cossich, Sumich, Parsiola & Taylor,
L.L.C.
8397 Highway 23, Suite 100
Belle Chasse, Louisiana 70037
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DAVID WEINER, individually, and on
behalf of other members of the general
public similarly situated

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JOINT STIP. RE CONTINUANCE
2:14-CV-02597-MCE-DB

ORDER

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IT IS HEREBY ORDERED that:

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1. Pursuant to the parties’ stipulation, (ECF No. 116), the March 9, 2018

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hearing of the plaintiff’s amended motion to compel is continued to March 23,

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2018; and

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2. On or before March 16, 2018, the parties shall file an updated joint

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statement re discovery disagreement reflecting additional meet and confer efforts.

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Dated: March 6, 2018

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DLB:6
DB\orders\orders.civil\weiner2597.stip.cont.disc.ord

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JOINT STIP. RE CONTINUANCE
2:14-CV-02597-MCE-DB