Contreras et al v. Nationstar, LLC et al

Filing 108

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/6/20 EXTENDING Discovery deadlines. Merits discovery cutoff EXTENDED to 1/20/2021. Disclosure of Expert Witnesses and Information Required by Rule 26(a)(2) EXTENDED to 2/15/2021. Deadline for Parties to File Dispositive Motions EXTENDED to 5/24/2021. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8
9
10
11
12

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)

13

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

14
15
16
17
18
19

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,

20
v.
21
22
23
24
25
26
27
28

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.

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

February 12, 2016
TBD

1

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

2

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

3

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

4

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

5

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

6

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

7

Deadlines as set forth below.

8

Pursuant to the Parties’ July 23, 2019 Stipulated Motion, (ECF No. 103), (“Stipulated

9

Motion”) the Parties attempted settlement discussions in this matter and engaged the services of

10

JAMS mediator the Hon. Ronald M. Sabraw (Ret.) to resolve this matter. The Parties prepared

11

and submitted mediation statements, and attended a mediation on Thursday, October 10, 2019, in

12

San Jose, California, and made continued efforts to engage in settlement discussions through

13

December 13, 2019. However, to date, settlement discussions have proved unsuccessful.

14

Pursuant to the Stipulated Motion, the Parties request that the Court enter an order

15

extending all deadlines on pending party discovery and class certification briefing. To make up

16

for the time spent preparing for and participating in the settlement conference and ensuing

17

settlement discussions subsequent to mediation, the Parties request that the case deadlines for

18

class certification briefing and fact and expert discovery be extended by approximately 4-6

19

months from the dates contained in the Stipulated Motion.

20

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

21

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

22

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

23

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

24

expert discovery deadlines by 4-6 months from the dates contained in the prior Stipulated Motion

25

and Order Extending Case Schedule as follows:

26
27
28
Stipulated Mtn to Set New Discovery Deadlines

2:16-cv-00302-MCE-EFB

-1

1

Event

Current Deadlines

Proposed New or
Extended
Deadlines

1/14/2020

5/14/2020

4

Class Certification Amended Expert Report
Deadline (for Plaintiffs)

5

Plaintiffs’ Deadline to File Motion for Class
Certification

2/4/2020

6/4/2020

Class Certification Amended Expert Report
Deadline (for Defendants)

3/2/2020

7/2/2020

Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

3/23/2020

7/23/2020

8
9

Plaintiffs’ Reply in Support of Motion for
Class Certification

5/4/2020

9/4/2020

Class-Certification Expert Discovery Cutoff

5/18/2020

9/18/2020

11

Merits discovery cutoff

7/20/2020

1/20/2021

12

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

8/14/2020

2/15/2021

Rebuttal Expert Reports

9/22/2020

3/22/2021

Expert Discovery Cutoff

10/26/2020

4/26/2021

Deadline for Parties to File Dispositive
Motions

11/24/2020

5/24/2021

2
3

6
7

10

13
14
15
16
17

Deadline for Parties to File Motions
in Limine

Set by Court once
trial date is set

Set by Court once
trial date is set

18

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

19
20
21
22

DATED this 19th day of January 2020.
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]

23
24
25
26
27
28
Stipulated Mtn to Set New Discovery Deadlines

2:16-cv-00302-MCE-EFB

-2

1

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]

2
3
4
5

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]

6
7
8
9
10
11

Attorneys for Plaintiffs

12
13

DATED this 19th day of January 2020.
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]
SEVERSON & WERSON
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

14
15
16
17
18
19
20
21
22
23

Attorneys for Defendants
24
25

IT IS SO ORDERED.

DATED: January 6, 2020

26

_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

27
28
Stipulated Mtn to Set New Discovery Deadlines

2:16-cv-00302-MCE-EFB

-3