Contreras et al v. Nationstar, LLC et al

Filing 121

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 7/16/2020 EXTENDING Schedule deadlines as follows: Class Certification Amended Expert Report Deadline (for Plaintiffs) 10/21/2020. Plaintiffs' Deadline to File Motion for C lass Certification 11/11/2020. Class Certification Amended Expert Report Deadline (for Defendants) 12/9/2020. Defendants' Opposition to Plaintiffs' Motion for Class Certification 1/6/2021. Plaintiffs' Reply in Support of Motion for Class Certification 2/17/2021. Class-Certification Expert Discovery Cutoff 3/3/2021. Merits discovery cutoff 5/21/2021. Disclosure of Expert Witnesses and Information 7/15/2021. Rebuttal Expert Reports 8/20/2021. Expert Discovery Cutoff due by 9/24/2020. Deadline to file Dispositive Motions 10/22/2021.(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, and JENNIE MILLER, on behalf
of themselves and all others similarly situated,
Plaintiffs,
v.
NATIONSTAR MORTGAGE LLC, a
Delaware Limited Liability Company;
SOLUTIONSTAR HOLDINGS LLC (N/K/A
XOME HOLDINGS LLC), a Delaware
Limited Liability Company; and
SOLUTIONSTAR FIELD SERVICES LLC, a
Delaware Limited Liability Company,

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Defendants
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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, and Jennie Miller, on behalf of themselves and all others similarly situated

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(“Plaintiffs”) and Defendants Nationstar Mortgage LLC, Solutionstar Holdings LLC (n/k/a Xome

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Holdings LLC), and Solutionstar Field Services LLC (collectively “Nationstar”) (together, the

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“Parties”) by and through their respective counsel of record, hereby submit this Stipulated Motion To

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Extend Case Schedule Deadlines as set forth below.

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Pursuant to the Parties’ May 1, 2020 Stipulated Motion, (ECF No. 111), Plaintiffs’ class

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

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date relating to class certification briefing. Since the Stipulated Motion was entered, the Parties have

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been exchanging written and fact discovery, negotiating production of ESI, and also further discussing

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a deposition schedule and protocol for this matter. The Parties both need to take depositions in order to

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prepare their class certification briefs. While both Parties have expressed a willingness to engage in

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remote depositions, they have also stated that they need to be able to be in personal attendance with

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their clients who are being deposed. While the Parties anticipated being able to travel in May and June

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for these depositions, in light of COVID-19 travel restrictions they have not been able to proceed with

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the depositions on the anticipated schedule.

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

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three months to allow sufficient time to schedule depositions in view of the complications arising from

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the unpredictable spread of COVID-19 in the states where the Parties are located, and COVID-19’s

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impact on work-from-home directives, travel restrictions, and quarantine orders accompanying travel.

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This Stipulation is the seventh 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 three

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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

7/14/2020

10/21/2020

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Class Certification Amended Expert Report
Deadline (for Plaintiffs)

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Plaintiffs’ Deadline to File Motion for Class
Certification

8/4/2020

11/11/2020

Class Certification Amended Expert Report
Deadline (for Defendants)

9/2/2020

12/9/2020

Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

9/23/2020

1/6/2021

Plaintiffs’ Reply in Support of Motion for
Class Certification

11/4/2020

2/17/2021

Class-Certification Expert Discovery Cutoff

11/18/2020

3/3/2021

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Merits discovery cutoff

3/22/2021

5/21/2021

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

4/15/2021

7/15/2021

Rebuttal Expert Reports

5/21/2021

8/20/2021

Expert Discovery Cutoff

6/25/2021

9/24/2021

Deadline for Parties to File Dispositive
Motions

7/23/2021

10/22/2021

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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 13th day of July 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 13th day of July 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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IT IS SO ORDERED.
Dated: July 16, 2020

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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: July 13, 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 July 16, 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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Stipulated Mtn to Extend Deadlines - 4

2:16-cv-00302-MCE-EFB