Contreras et al v. Nationstar, LLC et al

Filing 13

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/5/16: Plaintiffs shall file their opposition to the motion to dismiss no later than June 16, 2016 and Defendants will file their reply to plaintiffs' opposition no later than July 7, 2016. (Kaminski, H)

1 JOHN B. SULLIVAN (State Bar No. 96742)
[e-mail]
2 ERIK KEMP (State Bar No. 246196)
[e-mail]
3 MARY KATE KAMKA (State Bar No. 282911)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendants
8 NATIONSTAR MORTGAGE LLC
(erroneously named as Nationstar LLC) and
9 SOLUTIONSTAR LLC
10

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA — SACRAMENTO DIVISION

12
13 EUGENIO AND ROSA CONTRERAS,
WILLIAM AND MELVA PHILLIPS,
14 TERESA BARNEY, KEITH AND TERESA
MARCEL, SHERLIE CHARLOT, COLLEEN
15 ANN O’HALLORAN, JENNIE MILLER,
AND EDWARD YAGER, ON BEHALF OF
16 THEMSELVES AND ALL OTHERS
SIMILARLY SITUATED,
17
Plaintiffs,
18
vs.
19
NATIONSTAR LLC, A DELAWARE
20 LIMITED LIABILITY COMPANY;
SOLUTIONSTAR, LLC, A DELAWARE
21 LIMITED LIABILITY COMPANY; AND
DOES 1 THROUGH 1000,
22
Defendants.
23

Case No. 2:16-CV-00302-MCE-EFB
STIPULATION TO EXTEND
DEADLINES FOR OPPOSITION AND
REPLY BRIEFS AND MODIFY
BRIEFING SCHEDULE ON MOTION TO
DISMISS
Action Filed:
Trial Date:

February 12, 2016
TBD

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WHEREAS, defendants Nationstar Mortgage LLC and Solutionstar LLC will file a motion

26 to dismiss portions of plaintiffs’ complaint on May 2, 2016;
27

WHERAS, Local Rule 230(b) and (c) provide that an opposition to a motion to dismiss

28 must be filed not less than 14 days before the noticed hearing date, and that a reply to a motion to
80001.0042/7487415.1

Stipulation and [Proposed] Order to Modify Briefing Scheduling on Motion to Dismiss

1 dismiss must be filed not less than 7 days before the noticed hearing date;
2

WHEREAS, the parties wish to modify the deadlines for plaintiffs to file their opposition

3 to defendants’ motion to dismiss and for defendants to file their reply to plaintiffs’ opposition;
4

WHEREAS, good cause exists for the extensions because this is a case involving multiple

5 parties and the application of several different states’ laws, and the parties believe both they and
6 the Court would benefit from the parties having additional time to brief these issues;
7

WHEREAS, Local Rule 143(b) and 144(b) provide that the parties may stipulate to extend

8 or modify deadlines subject to the Court’s approval of the stipulation;
9

IT IS HEREBY STIPULATED by and between plaintiffs, on the one hand, and

10 defendants, on the other, through their respective counsel of record, subject to the Court’s
11 approval, that the briefing schedule on defendants’ motion to dismiss is modified as follows:
12

1.

Defendants will file their motion to dismiss on May 2, 2016.

13

2.

Should Plaintiffs not amend their Complaint as of right pursuant to Federal Rule of

14 Civil Procedure 15(a)(1), Plaintiffs will file their opposition to the motion to dismiss no later than
15 June 16, 2016.
16

3.

Defendants will file their reply to plaintiffs’ opposition no later than July 7, 2016.

17

4.

The hearing on defendants’ motion to dismiss will be noticed for July 28, 2016.

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IT IS SO STIPULATED.

19 DATED: May 2, 2016
20

SEVERSON & WERSON
A Professional Corporation

21
By:

22

/s/ Erik Kemp
Erik Kemp

23
Attorneys for Defendants NATIONSTAR MORTGAGE
LLC (erroneously named as Nationstar LLC) and
SOLUTIONSTAR LLC

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26
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80001.0042/7487415.1

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Stipulation and [Proposed] Order to Modify Briefing Scheduling on Motion to Dismiss

1 DATED: May 2, 2016

HAGENS BERMAN SOBOL SHAPIRO L.L.P.

2
3

By:

/s/ Thomas E. Loeser
Thomas E. Loeser

4
5

Attorneys for Plaintiffs EUGENIO AND ROSA
CONTRERAS, WILLIAM AND MELVA PHILLIPS,
TERESA BARNEY, KEITH AND TERESA
MARCEL, SHERLIE CHARLOT, COLLEEN ANN
O’HALLORAN, JENNIE MILLER, AND EDWARD
YAGER, on behalf of the themselves and all others
similarly situated

6
7
8
9
10 DATED: May 2, 2016

KELLER ROHRBACK L.L.P..

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By: /s/ Gretchen S. Obrist
Gretchen S. Obrist

12
13

Attorneys for Plaintiffs EUGENIO AND ROSA
CONTRERAS, WILLIAM AND MELVA PHILLIPS,
TERESA BARNEY, KEITH AND TERESA
MARCEL, SHERLIE CHARLOT, COLLEEN ANN
O’HALLORAN, JENNIE MILLER, AND EDWARD
YAGER, on behalf of the themselves and all others
similarly situated

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15
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18

PROPOSED ORDER

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20

Pursuant to the foregoing stipulation, Plaintiffs will file their opposition to the motion to

21 dismiss no later than June 16, 2016 and Defendants will file their reply to plaintiffs’ opposition no
22 later than July 7, 2016.
23

IT IS SO ORDERED.

24 Dated: May 5, 2016
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80001.0042/7487415.1

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Stipulation and [Proposed] Order to Modify Briefing Scheduling on Motion to Dismiss