Contreras et al v. Nationstar, LLC et al

Filing 111

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 5/1/2020 EXTENDING deadlines as follows: Motion for Class Certification due 8/4/2020; Designation of Expert Witnesses due by 4/15/2021; Discovery due by 3/22/2021; Dispositive Motions filed by 7/23/2021. (Zignago, K.)

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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,

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v.
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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 EXTEND CASE
SCHEDULE DEADLINES AND ORDER
Action Filed:
Trial Date:

February 12, 2016
TBD

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

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

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

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

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(collectively “Nationstar”) (together, the “Parties”) by and through their respective counsel of record,

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hereby submit this Stipulated Motion To Extend Case Schedule Deadlines as set forth below.

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Pursuant to the Parties’ January 6, 2020 Stipulated Motion, (ECF No. 108), Plaintiffs’ class

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certification motion deadline is June 4, 2020, with other upcoming deadlines before and after that date

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relating to class certification briefing. Since then, the Parties have been exchanging written and fact

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discovery, and have been negotiating a deposition schedule and protocol for this matter. The Parties

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both need to take depositions in order to prepare their class certification briefs. While both Parties have

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expressed a willingness to engage in remote depositions, they have also stated that they need to be able

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to be in personal attendance with their clients who are being deposed. In light of COVID-19 travel

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restrictions, they have therefore not been able to proceed with the depositions as anticipated.

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The Parties therefore request that the Court enter an order further extending all deadlines by

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two months in light of the delays in depositions due to states-wide stay-in-place orders, travel

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restrictions, and work-from-home directives imposed in response to the spread of COVID-19. In

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particular, counsel for both Plaintiffs and Defendants are restricted from traveling due to stay-at-home

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orders imposed by the States of Washington and California, respectively, and work-at-home directives

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imposed by their respective employers.

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

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

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the Parties in this action. The Parties therefore respectfully request that the Court grant this Stipulated

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Motion to set new deadlines by extending all briefing and fact and expert discovery deadlines by two

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months from the dates contained in the prior Stipulated Motion and Order Extending Case Schedule as

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follows:

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Stipulated Mtn to Extend Deadlines - 1

2:16-cv-00302-MCE-EFB

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Event

Current Deadlines

Proposed New or
Extended
Deadlines

5/14/2020

7/14/2020

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Class Certification Amended Expert Report
Deadline (for Plaintiffs)

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Plaintiffs’ Deadline to File Motion for Class
Certification

6/4/2020

8/4/2020

Class Certification Amended Expert Report
Deadline (for Defendants)

7/2/2020

9/2/2020

Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

7/23/2020

9/23/2020

Plaintiffs’ Reply in Support of Motion for
Class Certification

9/4/2020

11/4/2020

Class-Certification Expert Discovery Cutoff

9/18/2020

11/18/2020

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Merits discovery cutoff

1/20/2021

3/22/2021

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

2/15/2021

4/15/2021

Rebuttal Expert Reports

3/22/2021

5/21/2021

Expert Discovery Cutoff

4/26/2021

6/25/2021

Deadline for Parties to File Dispositive
Motions

5/24/2021

7/23/2021

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Deadline for Parties to File Motions
in Limine

Set by Court once
trial date is set

Set by Court once
trial date is set

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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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DATED this 29th day of May 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]

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Stipulated Mtn to Extend Deadlines - 2

2:16-cv-00302-MCE-EFB

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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

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DATED this 29th day of May 2020.
By /s/ Mary Kate Sullivan
John B. Sullivan (Bar No. 96742)
[e-mail]
Mary Kate Sullivan (Bar No. 180203)
[e-mail]
Erik Kemp (Bar No. 246196)
[e-mail]
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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Stipulated Mtn to Extend Deadlines - 3

2:16-cv-00302-MCE-EFB

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ATTESTATION REGARDING SIGNATURES

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I, Laura R. 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: April 29, 2020

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/s/ Laura R. Gerber
Laura R. Gerber

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CERTIFICATE OF SERVICE

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I hereby certify that on May 1, 2020, I electronically filed the foregoing with the Clerk of the
Court using the CM/ECF system, which in turn sent notice to all counsel of record.

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/s/ Laura R. Gerber
Laura R. Gerber

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IT IS SO ORDERED.
Dated: May 1, 2020

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Stipulated Mtn to Extend Deadlines - 4

2:16-cv-00302-MCE-EFB