Contreras et al v. Nationstar, LLC et al

Filing 127

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 1/29/2021 EXTENDING deadlines as follows: Class Certification Amended Expert Report Deadline (for Plaintiffs) 05/14/2021; Plaintiffs' Deadline to File Motion for Class Cer tification 06/04/2021; Class Certification Amended Expert Report Deadline (for Defendants) 07/02/2021; Defendants' Opposition to Plaintiffs' Motion for Class Certification 07/30/2021; Plaintiffs' Reply in Support of Motion for Class Ce rtification 09/10/2021; Class-Certification Expert Discovery Cutoff 09/24/2021; Merits discovery cutoff 12/13/2021; Disclosure of Expert Witnesses 02/04/2022; Rebuttal Expert Reports 03/14/2022; Expert Discovery Cutoff 04/18/2022; Deadline for Parties to File Dispositive Motions 05/16/2022. (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, and JENNIE MILLER, on behalf
of themselves and all others similarly situated,

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Plaintiffs,

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v.
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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 SET NEW
DISCOVERY DEADLINES IN LIGHT OF
SETTLEMENT DISCUSSIONS 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 Discovery Deadlines in Light of Settlement Discussions as set forth below.

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Pursuant to the Parties’ November 17, 2017 Joint Report Under Rule 26 of the Federal Rules

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of Civil Procedure § XI, ECF No. 30, the Parties have again determined that settlement discussions in

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this matter are appropriate, and discussions between the Parties have been ongoing.

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To avoid incurring the costs of additional fact and expert discovery while simultaneously

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engaging in settlement negotiations, the Parties request that the Court extend all deadlines on pending

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party discovery and class certification briefing. Following conclusion of this process, the Parties will

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promptly file a notice with the Court informing it of the outcome and either request a schedule for

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filing settlement papers or an order resuming discovery. The Parties agree that during the settlement

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negotiation process they will only seek discovery necessary for resolution of the matter, except as it

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relates to Defendants’ completion of production of agreed electronically stored information (“ESI”).

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To accommodate the time period necessary to bring these settlement negotiations to a

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conclusion and then proceed with postponed depositions before preparing class certification papers,

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the Parties request that the case deadlines for class certification briefing and fact and expert discovery

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be extended by approximately 100 days from the dates contained in the Stipulated Motion to Extend

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Case Schedule Deadlines and Order, ECF No. 124.

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This Stipulation is the ninth 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 discovery deadlines by extending all briefing and fact and expert discovery

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deadlines by 100 days from the dates contained in the prior Stipulated Motion to Extend Case

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Schedule Deadlines and Order as follows:

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Stipulated Mot. to Set New Disc. Deadlines - 1

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Event

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Current Deadlines

Proposed New or
Extended
Deadlines

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Class Certification Amended Expert Report
Deadline (for Plaintiffs)

02/03/2021

05/14/2021

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02/24/2021

06/04/2021

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Plaintiffs’ Deadline to File Motion for Class
Certification

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Class Certification Amended Expert Report
Deadline (for Defendants)

03/24/2021

07/02/2021

Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

04/21/2021

07/30/2021

Plaintiffs’ Reply in Support of Motion for
Class Certification

06/02/2021

09/10/2021

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Class-Certification Expert Discovery Cutoff

06/16/2021

09/24/2021

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Merits discovery cutoff

09/03/2021

12/13/2021

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

10/28/2021

02/04/2022

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Rebuttal Expert Reports

12/03/2021

03/14/2022

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Expert Discovery Cutoff

01/07/2022

04/18/2022

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Deadline for Parties to File Dispositive
Motions

02/04/2022

05/16/2022

Deadline for Parties to File Motions
in Limine

Set by Court once
trial date is set

Set by Court once
trial date is set

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 21st day of January 2021.

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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 Mot. to Set New Disc. Deadlines - 2

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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 21st day of January 2021.
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]
Attorneys for Defendants

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Stipulated Mot. to Set New Disc. Deadlines - 3

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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: January 21, 2021

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IT IS SO ORDERED.
Dated: January 29, 2021

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Stipulated Mot. to Set New Disc. Deadlines - 4

/s/ Laura R. Gerber
Laura R. Gerber