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
dloeser@kellerrohrback.com
Dean Kawamoto (Bar No. 232032)
dkawamoto@kellerrohrback.com
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Tel.: (206) 623-1900
Fax: (206) 623-3384
Thomas E. Loeser (Bar No. 202724)
toml@hbsslaw.com
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Tel.: (206) 623-7292
Fax: (206) 623-0594
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)
dkawamoto@kellerrohrback.com
Derek W. Loeser, admitted pro hac vice
dloeser@kellerrohrback.com
Gretchen S. Obrist, admitted pro hac vice
gobrist@kellerrohrback.com
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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
lgerber@kellerrohrback.com
Rachel E. Morowitz (Bar No. 326385)
rmorowitz@kellerrohrback.com
KELLER ROHRBACK L.L.P.
1201 Third Ave, Suite 3200
Seattle, WA 98101
Tel.: (206) 623-1900
Fax: (206) 623-3384
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Thomas E. Loeser (Bar No. 202724)
toml@hbsslaw.com
Nick Styant-Browne, admitted pro hac vice
nick@hbsslaw.com
HAGENS BERMAN SOBOL SHAPIRO L.L.P.
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Tel.: (206) 623-7292
Fax: (206) 623-0594
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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)
jbs@severson.com
Mary Kate Sullivan (Bar No. 180203)
mks@severson.com
Erik Kemp (Bar No. 246196)
ek@severson.com
SEVERSON & WERSON
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel: (415) 398-3344
Fax: (415) 956-0439
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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
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