Contreras et al v. Nationstar, LLC et al

Filing 124

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 10/13/2020 EXTENDING DEADLINES as follow: Class Certification Amended Expert Report Deadline (for Plaintiffs) 02/03/2021; Plaintiffs' Deadline to File Motion for Class Cer tification 2/24/2021; Class Certification Amended Expert Report Deadline (for Defendants) 03/24/2021; Defendants' Opposition to Plaintiffs' Motion for Class Certification 04/21/2021; Plaintiffs' Reply in Support of Motion for Class Certification 06/02/2021; Class-Certification Expert Discovery Cutoff 06/16/2021; Merits discovery cutoff 09/03/2021; Disclosure of Expert Witnesses 10/28/2021. Rebuttal Expert Reports 12/03/2021; Expert Discovery Cutoff 01/07/2022. Deadline for Parties to File Dispositive Motions 02/04/2022. (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-JDP
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’ July 16, 2020 Stipulated Motion, (ECF No. 121), Plaintiffs’ class

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certification motion deadline is November 11, 2020, with other upcoming deadlines before and after

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

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have been exchanging additional fact discovery and negotiating production of Defendants’ ESI, and

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also further discussing completion of the Rule 30(b)(6) depositions of the Nationstar Mortgage,

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Solutionstar Holdings LLC, and Solutionstar Field Services LLC. The Parties both need to take

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depositions in order to prepare their class certification briefs and Plaintiffs have requested production

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of Defendants’ relevant ESI prior to taking the Rule 30(b)(6) depositions. Production of that data has

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been delayed due to the COVID-19 pandemic and Defendants’ ability to complete file transfers over

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their employees’ home internet connections. The file transfer has recently been completed and the

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Defendants have provided Plaintiffs with an anticipated production date in December.

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

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fifteen (15) weeks to allow sufficient additional time to obtain the discovery, load and review it, and

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schedule depositions sufficiently in advance of the class certification briefing deadline.

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This Stipulation is the eighth 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

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fifteen (15) weeks from the dates contained in the prior Stipulated Motion and Order Extending Case

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Schedule as follows:

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Stipulated Mtn to Extend Deadlines - 1

2:16-cv-00302-MCE-JDP

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Event

Current Deadlines

Proposed New or
Extended
Deadlines

10/21/2020

02/03/2021

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Class Certification Amended Expert Report
Deadline (for Plaintiffs)

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Plaintiffs’ Deadline to File Motion for Class
Certification

11/11/2020

02/24/2021

Class Certification Amended Expert Report
Deadline (for Defendants)

12/9/2020

03/24/2021

Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

1/6/2021

04/21/2021

Plaintiffs’ Reply in Support of Motion for
Class Certification

2/17/2021

06/02/2021

Class-Certification Expert Discovery Cutoff

3/3/2021

06/16/2021

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Merits discovery cutoff

5/21/2021

09/03/2021

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

7/15/2021

10/28/2021

Rebuttal Expert Reports

8/20/2021

12/03/2021

Expert Discovery Cutoff

9/24/2021

01/07/2022

Deadline for Parties to File Dispositive
Motions

10/22/2021

02/04/2022

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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 8th day of October 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]

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Stipulated Mtn to Extend Deadlines - 2

2:16-cv-00302-MCE-JDP

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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 8th day of October 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
IT IS SO ORDERED.
Dated: October 13, 2020

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Stipulated Mtn to Extend Deadlines - 3

2:16-cv-00302-MCE-JDP