Contreras et al v. Nationstar, LLC et al

Filing 71

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/2/2019 ORDERING the following deadlines EXTENDED: Class-Certification Expert Discovery cutoff EXTENDED to 4/11/2019; Plaintiffs' deadline to file Motion for Class Certif ication EXTENDED to 4/25/2019; Defendants opposition to Plaintiffs Motion for Class Certification EXTENDED to 05/22/2019; Plaintiff's Reply in Support of Motion for Class Certification EXTENDED to 06/07/2019; Merits discovery cutoff EXTENDED to 9/13/2019; Disclosure of Expert witnesses and information EXTENDED to 10/11/2019; Rebuttal Expert Reports EXTENDED to 11/15/2019; Expert Discovery Cutoff EXTENDED to 12/27/2019; Deadline for Parties to file Dispositive Motions EXTENDED to 1/24/2020. (Washington, S)

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Dean Kawamoto (Bar No. 232032)
[e-mail]
Derek W. Loeser, admitted pro hac vice
[e-mail]
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Tel.: [phone]
Fax: [phone]
Thomas E. Loeser (Bar No. 202724)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO
L.L.P.
1301 Second Ave, Suite 2000
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiffs
(Additional counsel listed on signature page)

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John B. Sullivan (Bar No. 96742)
[e-mail]
Erik Kemp (Bar No. 246196)
[e-mail]
Kalama M. Lui-Kwan (Bar No. 242121)
[e-mail]
Gregory L. Huber (Bar No. 287865)
[e-mail]
Megan C. Kelly (Bar No. 251293)
[e-mail]
Mary Kate Sullivan (Bar No. 180203)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants

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, JENNIE MILLER, and EDWIN
YAGER, on behalf of themselves and all others
similarly situated,
Plaintiffs,

NATIONSTAR MORTGAGE LLC, a Delaware
Limited Liability Company; SOLUTIONSTAR,
LLC (N/K/A XOME HOLDINGS LLC), a
Delaware Limited Liability Company; and
DOES 1 through 1000,
Defendants.

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STIPULATED MOTION AND
ORDER SETTING CASE SCHEDULE
Action Filed:
Trial Date:

v.

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30

No. 2:16-cv-00302-MCE-EFB

STIPULATION EXTENDING CASE SCHEDULE

February 12, 2016
TBD

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Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and Teresa
Marcel, Sherlie Charlot, Jennie Miller, and Edwin Yager, on behalf of themselves and all others
similarly situated (“Plaintiffs”) and Defendants Nationstar Mortgage LLC and Solutionstar LLC
(“Nationstar”) (together, the “Parties”) by and through their respective counsel of record, hereby submit
this Stipulated Motion for entry of an amended case schedule as set forth below.
On July 19, 2018 the Court entered a stipulation and order setting certain case deadlines,
including a class certification motion deadline of January 25, 2019. (ECF No. 46). The current relevant

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deadlines are set forth in the chart below. Both before and since that time the parties have been actively

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engaged in discovery. Defendants have served Interrogatories, and Plaintiffs have served Requests for

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Production, Interrogatories, and two Rule 30(b)(6) deposition notices. The parties had tentatively set

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Rule 30(b)(6) depositions of corporate witnesses for Defendants on January 9 and 10, 2019 on topics

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that relate to, among other things, class certification. But on December 19, 2018, the Court granted in

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part and denied in part Plaintiffs’ motion to compel production of documents, and ordered the
production of documents concerning the Rule 30(b)(6) notices and class certification. ECF No. 68. The
Court set certain dates for production, ranging from January 9, 2018, to February 6, 2018. See id. These
production dates will not allow Plaintiffs sufficient time to review and utilize the documents for the Rule

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30(b)(6) depositions and, likely, for use in their motion for class certification. Additionally, the parties

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are still negotiating the scope of the Rule 30(b)(6) notices. Thus, given the timing imposed by the

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Court’s order on Plaintiffs’ motion to compel, the current class certification deadline, and the parties’

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ongoing negotiations on the Rule 30(b)(6) depositions, the parties believe that an extension of the case

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deadlines by three months will help ensure the fair and efficient litigation of this case.

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This Stipulation is the second extension of the case schedule and is made with good cause and
without prejudice to, or waiver of, any rights or defenses otherwise available to the Parties in this action.

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STIPULATION AND ORDER SETTING CASE SCHEDULE - 1

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The Parties therefore respectfully request the Court grant this Stipulated Motion and extend the case

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deadlines as follows.

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Event

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Original Set
Deadlines

Proposed Joint
Deadlines

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Class-Certification Expert Discovery cutoff

01/11/2019

04/11/2019

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Plaintiffs’ deadline to file Motion for Class
Certification

01/25/2019

04/25/2019

Defendants’ opposition to Plaintiffs’ Motion for
Class Certification

02/22/2019

05/22/2019

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Plaintiff’s Reply in Support of Motion for Class
Certification

03/08/2019

06/07/2019

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Merits discovery cutoff

06/14/2019

09/13/2019

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Disclosure of Expert witnesses and information
required by Rule 26(a)(2)

07/12/2019

10/11/2019

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Rebuttal Expert Reports

08/16/2019

11/15/2019

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Expert Discovery Cutoff

09/27/2019

12/27/2019

Deadline for Parties to file Dispositive Motions

10/25/2019

01/24/2020

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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STIPULATION AND ORDER SETTING CASE SCHEDULE - 2

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DATED this 28th day of December, 2018.
By /s/ Ian Mensher
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]
Ian Mensher, admitted pro hac vice
[e-mail]
Rachel Morowitz, pro hac vice pending
[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]
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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STIPULATION AND ORDER SETTING CASE SCHEDULE - 3

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By /s/ Megan C. Kelly________________
John B. Sullivan (Bar No. 96742)
[e-mail]
Erik Kemp (Bar No. 246196)
[e-mail]
Kalama M. Lui-Kwan (Bar No. 242121)
[e-mail]
Gregory L. Huber (Bar No. 287865)
[e-mail]
Megan C. Kelly (Bar No. 251293)
[e-mail]
Mary Kate Sullivan (Bar No. 180203)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendants

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ORDER

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The parties request to modify the scheduling order is GRANTED. All other requirements set

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forth in the Court’s Supplemental Pretrial Scheduling Order (ECF No. 24) shall remain in effect. The

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Court emphasizes that the parties are still ordered to file a Joint Notice of Trial Readiness not later than

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thirty (30) days after receiving this Court’s ruling(s) on the last filed dispositive motion(s). If the parties

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do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness

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not later than thirty (30) days after the close of the designation of supplemental expert witnesses and the

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notice must include statements of intent to forgo the filing of dispositive motions.

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IT IS SO ORDERED.
Dated: January 2, 2019

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STIPULATION AND ORDER SETTING CASE SCHEDULE - 4