Contreras et al v. Nationstar, LLC et al

Filing 146

ORDER signed by Senior Judge Morrison C. England, Jr. on 12/27/2021 ORDERING discovery and all existing dates in this case are VACATED pending completion of the parties' participation in voluntary mediation. DENYING without prejudice 133 Motion to Certify Class, to renewal, if appropriate, once those proceedings have concluded. Joint Status Report due not later than 2/1/2022.(Reader, L)

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Laura R. Gerber, 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 98101-3052
[phone], Fax [phone]
Thomas E. Loeser (Bar No. 202724)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO L.L.P.
1301 Second Avenue, Suite 2000
Seattle, WA 98101
[phone], Fax [phone]
Attorneys for Plaintiffs
(Additional counsel listed on signature page)
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.
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,
Defendants.

No. 2:16-cv-00302-MCE-JDP
STIPULATED MOTION TO STAY
DISCOVERY AND EXTEND CASE
DEADLINES IN LIGHT OF PENDING
MEDIATION 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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Stay Discovery and Extend Case Deadlines in Light of Pending Mediation as set forth below.

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Pursuant to the Parties’ Joint Report Under Rule 26 of the Federal Rules of Civil Procedure,

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November 17, 2017, ECF No. 30, § XI, the parties have determined that while class certification

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briefing is ongoing, settlement discussions are again appropriate and timely. In order to facilitate a

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resolution of the matter, they have again engaged the services of a JAMS mediator. The Hon. Read

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Ambler (Ret.) is available to assist the parties in working to resolve this matter during January of 2022.

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The parties are presently scheduled to conduct a mediation with Hon. Ambler on Wednesday, January

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26, 2022 in San Francisco, California.

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To avoid incurring the costs of additional class certification briefing and fact and expert

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discovery while simultaneously engaging in settlement negotiations, the parties respectfully request

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that the Court stay all discovery in the case, other than discovery needed to mediate the case.

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Following conclusion of the mediation process, the parties will promptly file a notice with the Court

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informing it of the outcome and either request a schedule for filing settlement papers or an order

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resuming discovery.

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To make up for the time spent choosing a mediator, preparing for and participating in initial

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meetings with the mediator, and conducting the mediation itself, the parties request that the case

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deadlines for class certification reply briefing and fact and expert discovery be extended by

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approximately two months from the dates contained in the Stipulated Motion to Set New Discovery

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Deadlines (ECF No. 129).

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This Stipulation is the eleventh 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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Stipulated Mtn to Stay Discovery and Extend Case Deadlines - 1

2:16-cv-00302-MCE-EFB

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Motion to stay all discovery in the case except for discovery necessary to complete the mediation, and

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extend all briefing and fact and expert discovery deadlines by two months from the dates contained in

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the prior Stipulated Motion as follows:

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Event

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Current
Deadlines

Proposed
Extended
Deadlines

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Plaintiffs’ Reply in Support of Motion for
Class Certification

01/12/20221

03/09/2022

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Class Certification Expert Discovery Cutoff

01/22/2022

03/24/2022

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Merits Discovery Cutoff

04/22/2022

06/24/2022

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

05/25/2022

07/27/2022

Rebuttal Expert Reports

07/01/2022

09/02/2022

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Expert Discovery Cutoff

08/08/2022

10/10/2022

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Deadline for Parties to File Dispositive
Motions

09/02/2022

11/04/2022

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 December 2021.
By /s/ Laura R. Gerber
Laura R. Gerber, admitted pro hac vice
[e-mail]
Dean Kawamoto (Bar No. 232032)
[e-mail]
Derek W. Loeser, admitted pro hac vice
[e-mail]
Gretchen S. Obrist, Of Counsel, admitted pro hac vice
[e-mail]

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The briefing deadline for Plaintiffs’ Reply in Support of Motion for Class Certification was previously
extended by fourteen days per the Stipulation and Order entered December 3, 2021. ECF No. 142.

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Stipulated Mtn to Stay Discovery and Extend Case Deadlines - 2

2:16-cv-00302-MCE-EFB

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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]

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Attorneys for Plaintiffs

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DATED this 21st day of December 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]
Megan C. Kelly (Bar No. 251293)
[e-mail]
SEVERSON & WERSON
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel: [phone]

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Attorneys for Defendants

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ATTESTATION REGARDING SIGNATURES
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: December 27, 2021

/s/ Laura R. Gerber
Laura R. Gerber

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Stipulated Mtn to Stay Discovery and Extend Case Deadlines - 3

2:16-cv-00302-MCE-EFB

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ORDER
Pursuant to the stipulation of the parties, discovery and all existing dates in this case are

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VACATED pending completion of the parties’ participation in voluntary mediation. The pending

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Motion to Certify Class (ECF No. 133) is DENIED without prejudice to renewal, if appropriate, once

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those proceedings have concluded. Not later than February 1, 2022, the parties are directed to file a

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Joint Status Report with the Court advising as to the status of the mediation and, should it be necessary,

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proposing new dates for the remaining deadlines.

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IT IS SO ORDERED.

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Dated: December 27, 2021

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Stipulated Mtn to Stay Discovery and Extend Case Deadlines - 4

2:16-cv-00302-MCE-EFB