Weiner v. Ocwen Financial Corporation, a Florida 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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1 2 3 4 5 6 7 8 9 10 ELIZABETH L. MCKEEN (S.B. 216690) emckeen@omm.com O’MELVENY & MYERS LLP 610 Newport Center Drive, 17th Floor Newport Beach, California 92660-6429 Telephone: (949) 823-6900 Facsimile: (949) 823-6994 JAMES A. BOWMAN (S.B. 220227) jbowman@omm.com CATALINA J. VERGARA (S.B. 223775) cvergara@omm.com O’MELVENY & MYERS LLP 400 South Hope Street, 18th Floor Los Angeles, California 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 11 12 13 Attorneys for Defendants Ocwen Financial Corporation and Ocwen Loan Servicing, LLC 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 DAVID WEINER, individually, and on behalf of other members of the public similarly situated, 19 20 21 22 23 24 25 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. 26 27 28 JOINT STIP. RE CONTINUANCE 2:14-CV-02597-MCE-DB 1 WHEREAS, pursuant to the Court’s order filed February 13, 2018 (Dkt. 2 114), the date for the hearing regarding Plaintiff’s Amended Motion to Compel, 3 originally scheduled for February 16, 2018 was continued to March 9, 2018 at 4 10:00 a.m.; 5 WHEREAS, counsel for Defendants contends that due to preexisting 6 commitments, the attorneys representing Defendant are not available to attend the 7 hearing on March 9, 2018; 8 9 10 11 12 13 14 15 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 16 and met and conferred by phone in an attempt to resolve the issues at the center of 17 Plaintiff’s amended motion, but determined on March 1, 2018 that the dispute could 18 not be resolved, rendering this hearing necessary; 19 WHEREAS, the parties have met and conferred and agreed that a short 20 continuance of the hearing on Plaintiff’s amended motion is appropriate given the 21 above-mentioned conflicts; 22 WHEREAS, counsel for Defendants contend that they confirmed with the 23 Court’s deputy on March 2, 2018 that the Court has an open hearing date on March 24 23, 2018; 25 WHEREAS, Plaintiff is agreeable to Defendants’ requested continuance to 26 March 23, but only if the Court is available then. Alternatively, Plaintiff’s counsel 27 is available on March 16. 28 NOW THEREFORE, the parties stipulate and agree as follows: -2- JOINT STIP. RE CONTINUANCE 2:14-CV-02597-MCE-DB 1 1. The March 9, 2018 hearing regarding Plaintiff’s Amended Motion to 2 Compel will be continued to March 23, 2018 at 10:00 a.m. 3 Dated: March 2, 2018 4 5 6 7 8 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 BARON & BUDD, P.C. By: /s/ Mark Pifko Mark Pifko (as authorized on 3/2/2018) Daniel Alberstone (SBN 105275) dalberstone@baronbudd.com Roland Tellis (SBN 186269) rtellis@baronbudd.com Mark Pifko (SBN 228412) mpifko@baronbudd.com Michael Isaac Miller (SBN 266459) imiller@baronbudd.com Baron & Budd, P.C. 15910 Ventura Boulevard , Suite 1600 Encino, California 91436 Telephone: (818) 839-2333 Facsimile: (818) 986-9698 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: (504) 394-9000 Facsimile: (504) 394-9110 Attorneys for Plaintiff DAVID WEINER, individually, and on behalf of other members of the general public similarly situated 28 -3- JOINT STIP. RE CONTINUANCE 2:14-CV-02597-MCE-DB ORDER 1 2 IT IS HEREBY ORDERED that: 3 1. Pursuant to the parties’ stipulation, (ECF No. 116), the March 9, 2018 4 hearing of the plaintiff’s amended motion to compel is continued to March 23, 5 2018; and 6 2. On or before March 16, 2018, the parties shall file an updated joint 7 statement re discovery disagreement reflecting additional meet and confer efforts. 8 Dated: March 6, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DLB:6 DB\orders\orders.civil\weiner2597.stip.cont.disc.ord 26 27 28 -4- JOINT STIP. RE CONTINUANCE 2:14-CV-02597-MCE-DB

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