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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1 2 3 4 5 6 7 8 9 10 11 12 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) 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 30 31 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 1 Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and Teresa 2 Marcel, Sherlie Charlot, Jennie Miller, and Edwin Yager, on behalf of themselves and all others 3 similarly situated (“Plaintiffs”) and Defendants Nationstar Mortgage LLC and Solutionstar Field 4 Services LLC (erroneously sued herein as Solutionstar LLC (n/k/a Xome Holding LLC)) LLC 5 (collectively “Nationstar”) (together, the “Parties”) by and through their respective counsel of record, 6 hereby submit this Stipulated Motion To Extend Case Schedule Deadlines as set forth below. 7 Pursuant to the Parties’ January 6, 2020 Stipulated Motion, (ECF No. 108), Plaintiffs’ class 8 certification motion deadline is June 4, 2020, with other upcoming deadlines before and after that date 9 relating to class certification briefing. Since then, the Parties have been exchanging written and fact 10 discovery, and have been negotiating a deposition schedule and protocol for this matter. The Parties 11 both need to take depositions in order to prepare their class certification briefs. While both Parties have 12 expressed a willingness to engage in remote depositions, they have also stated that they need to be able 13 to be in personal attendance with their clients who are being deposed. In light of COVID-19 travel 14 restrictions, they have therefore not been able to proceed with the depositions as anticipated. 15 The Parties therefore request that the Court enter an order further extending all deadlines by 16 two months in light of the delays in depositions due to states-wide stay-in-place orders, travel 17 restrictions, and work-from-home directives imposed in response to the spread of COVID-19. In 18 particular, counsel for both Plaintiffs and Defendants are restricted from traveling due to stay-at-home 19 orders imposed by the States of Washington and California, respectively, and work-at-home directives 20 imposed by their respective employers. 21 This Stipulation is the sixth extension of certain deadlines on the case schedule and is made 22 with good cause and without prejudice to, or waiver of, any rights or defenses otherwise available to 23 the Parties in this action. The Parties therefore respectfully request that the Court grant this Stipulated 24 Motion to set new deadlines by extending all briefing and fact and expert discovery deadlines by two 25 months from the dates contained in the prior Stipulated Motion and Order Extending Case Schedule as 26 follows: 27 28 30 31 Stipulated Mtn to Extend Deadlines - 1 2:16-cv-00302-MCE-EFB 1 Event Current Deadlines Proposed New or Extended Deadlines 5/14/2020 7/14/2020 4 Class Certification Amended Expert Report Deadline (for Plaintiffs) 5 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 11 Merits discovery cutoff 1/20/2021 3/22/2021 12 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 2 3 6 7 8 9 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 23 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 24 25 26 27 28 30 31 Stipulated Mtn to Extend Deadlines - 2 2:16-cv-00302-MCE-EFB 1 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 2 3 4 5 6 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 7 8 9 10 11 12 Attorneys for Plaintiffs 13 14 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 15 16 17 18 19 20 21 22 Attorneys for Defendants 23 24 25 26 27 28 30 31 Stipulated Mtn to Extend Deadlines - 3 2:16-cv-00302-MCE-EFB 1 ATTESTATION REGARDING SIGNATURES 2 3 4 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. 5 6 DATED: April 29, 2020 7 /s/ Laura R. Gerber Laura R. Gerber 8 9 CERTIFICATE OF SERVICE 10 11 12 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. 13 /s/ Laura R. Gerber Laura R. Gerber 14 15 16 17 18 IT IS SO ORDERED. Dated: May 1, 2020 19 20 21 22 23 24 25 26 27 28 30 31 Stipulated Mtn to Extend Deadlines - 4 2:16-cv-00302-MCE-EFB

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