Contreras et al v. Nationstar, LLC et al

Filing 103

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 7/22/19 EXTENDING Discovery Deadline as follows: Class Certification Amended Expert Report Deadline (for Plaintiffs) 1/14/20; Plaintiffs' Deadline to File Motion for Cl ass Certification 2/4/20; Class Certification Amended Expert Report Deadline (for Defendants) 3/2/20; Defendants' Opposition to Plaintiffs' Motion for Class Certification 3/23/20; Plaintiffs' Reply in Support of Motion for Class Cer tification 5/4/20; Class-Certification Expert Discovery Cutoff 5/18/20; Merits discovery cutoff 7/20/2020; Disclosure of Expert Witnesses and Information Required by Rule 26(a)(2) 8/14/2020; Rebuttal Expert Reports 9/22/20; Expert Discovery Cutoff 10/26/20; Deadline for Parties to File Dispositive Motions 11/24/2020. (Mena-Sanchez, L)

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Derek W. Loeser, admitted pro hac vice
[e-mail]
Dean Kawamoto (Bar No. 232032)
[e-mail]
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]
Thomas E. Loeser (Bar No. 202724)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiffs
(Additional counsel listed on signature page)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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EUGENIO AND ROSA CONTRERAS,
WILLIAM PHILLIPS, TERESA BARNEY,
KEITH AND TERESA MARCEL, SHERLIE
CHARLOT, JENNIE MILLER, and EDWIN
YAGER, on behalf of themselves and all others
similarly situated,
Plaintiffs,

No. 2:16-cv-00302-MCE-EFB
STIPULATED MOTION TO SET NEW
DISCOVERY DEADLINES IN LIGHT OF
PENDING MEDIATION AND ORDER
Action Filed:
Trial Date:

v.
NATIONSTAR MORTGAGE LLC, a Delaware
Limited Liability Company; SOLUTIONSTAR,
LLC (N/K/A XOME HOLDINGS LLC), a
Delaware Limited Liability Company; and
DOES 1 through 1000,
Defendants.

February 12, 2016
TBD

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Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and

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Teresa Marcel, Sherlie Charlot, Jennie Miller, and Edwin Yager, on behalf of themselves and all

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others similarly situated (“Plaintiffs”) and Defendants Nationstar Mortgage LLC and

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Solutionstar Field Services LLC (erroneously sued herein as Solutionstar LLC (n/k/a Xome

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Holding LLC)) LLC (collectively “Nationstar”) (together, the “Parties”) by and through their

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respective counsel of record, hereby submit this Stipulated Motion To Extend Discovery

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Deadlines in Light of Pending Mediation as set forth below.

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Pursuant to the Parties’ Joint Report Under Rule 26 of the Federal Rules of Civil

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Procedure, November 17, 2017, ECF No. 30, at § XI, the parties have determined that settlement

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discussions in this matter are no longer premature, and they have engaged the services of JAMS

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mediator the Hon. Ronald M. Sabraw (Ret.) to assist them in working to resolve this matter. The

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parties will conduct a mediation with Hon. Sabraw on Thursday, October 10, 2019.

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To avoid incurring the costs of fact and expert discovery while simultaneously engaging

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in settlement negotiations, the parties request that the Court extend all deadlines on pending

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party discovery and class certification briefing. Following conclusion of the mediation process,

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the parties will promptly file a notice with the Court informing it of the outcome and either

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request a schedule for filing settlement papers or an order resuming discovery. The parties agree

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that during the mediation process they will only seek discovery necessary for resolution of the

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matter and this agreement to limit discovery will also extend to ongoing document production

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from third parties based on previously served subpoenas.

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To make up for the time spent choosing a mediator, preparing for and participating in

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initial meetings with the mediator, and conducting the mediation itself, the parties request that

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the case deadlines for class certification briefing and fact and expert discovery be extended by

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approximately 110 days from the dates contained in the Stipulated Motion and Order Extending

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Case Schedule (ECF No. 85). The parties further request that ancillary deadlines relating to fact

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and expert discovery for class certification be modified to better align with the parties’ extended

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class certification briefing deadlines.

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Stipulated Mtn to Set New Discovery Deadlines - 1

2:16-cv-00302-MCE-EFB

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This Stipulation is the fourth extension of certain deadlines on the case schedule and is

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made with good cause and without prejudice to, or waiver of, any rights or defenses otherwise

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available to the Parties in this action. The Parties therefore respectfully request that the Court

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grant this Stipulated Motion to set new discovery deadlines by extending all briefing and fact and

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expert discovery deadlines by 110 days from the dates contained in the prior Stipulated Motion

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and Order Extending Case Schedule as follows:

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Event

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Current Deadlines

Proposed New or
Extended
Deadlines

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Class Certification Amended Expert Report
Deadline (for Plaintiffs)

8/15/2019

1/14/2020

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10/4/2019

2/4/2020

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Plaintiffs’ Deadline to File Motion for Class
Certification

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Class Certification Amended Expert Report
Deadline (for Defendants)

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3/2/2020

Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

11/15/2019

3/23/2020

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Plaintiffs’ Reply in Support of Motion for
Class Certification

12/13/2019

5/4/2020

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Class-Certification Expert Discovery Cutoff

9/13/2019

5/18/2020

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Merits discovery cutoff

03/20/2020

7/20/2020

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Disclosure of Expert Witnesses and
Information Required by Rule 26(a)(2)

4/14/2020

8/14/2020

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Rebuttal Expert Reports

5/22/2020

9/22/2020

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Expert Discovery Cutoff

6/26/2020

10/26/2020

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Deadline for Parties to File Dispositive
Motions

07/24/2020

11/24/2020

Deadline for Parties to File Motions
in Limine

Set by Court once
trial date is set

Set by Court once
trial date is set

Final Pretrial Conference

Set by Court once
trial date is set

Set by Court once
trial date is set

Trial Date

Set by Court once
trial date is set

Set by Court once
trial date is set

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Stipulated Mtn to Set New Discovery Deadlines - 2

2:16-cv-00302-MCE-EFB

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DATED this 16th day of July 2019.
By /s/ Laura R. Gerber
Dean Kawamoto (Bar No. 232032)
[e-mail]
Derek W. Loeser, admitted pro hac vice
[e-mail]
Gretchen S. Obrist, admitted pro hac vice
[e-mail]
Laura R. Gerber, admitted pro hac vice
[e-mail]
Rachel E. Morowitz (Bar No. 326385)
[e-mail]
KELLER ROHRBACK L.L.P.
1201 Third Ave, Suite 3200
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]

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Thomas E. Loeser (Bar No. 202724)
[e-mail]
Nick Styant-Browne, admitted pro hac vice
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO L.L.P.
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
DATED this 16th day of July 2019.
By /s/ Mary Kate Sullivan
John B. Sullivan (Bar No. 96742)
[e-mail]
Mark D. Lonergan (Bar No. 143622)
[e-mail]
Mary Kate Sullivan (Bar No. 180203)
[e-mail]
Erik Kemp (Bar No. 246196)
[e-mail]
Megan C. Kelly (Bar No. 251293)
[e-mail]

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Stipulated Mtn to Set New Discovery Deadlines - 3

2:16-cv-00302-MCE-EFB

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SEVERSON & WERSON
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants

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ATTESTATION REGARDING SIGNATURES

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I, Laura Gerber, attest that all signatories listed, and on whose behalf the filing is
submitted, concur in the filing’s content and have authorized the filing.

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DATED: July 16, 2019

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IT IS SO ORDERED.
Dated: July 22, 2019

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Stipulated Mtn to Set New Discovery Deadlines - 4

2:16-cv-00302-MCE-EFB

/s/ Laura R. Gerber
Laura R. Gerber