Contreras et al v. Nationstar, LLC et al

Filing 85

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 4/8/19 EXTENDING the case deadlines as follows: Answer to Second Amended Complaint due by 4/15/19. Class Certification Amended Expert Report due by 8/15/19. Class-Certificat ion Expert Discovery Cutoff is 9/13/19. Motion for Class Certification due by 10/4/19. Opposition to Plaintiffs Motionfor Class Certification due by 11/15/19. Reply in Support of Motion for ClassCertification due by 12/13/19. Merits discovery cutoff is 3/20/20. Disclosure of Expert Witnesses due by 4/17/20. Rebuttal Expert Reports due by 5/22/20. Expert Discovery Cutoff is 6/26/20. Dispositive Motions filed by 7/24/20. (Coll, A)

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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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EUGENIO AND ROSA CONTRERAS,
WILLIAM PHILLIPS, TERESA BARNEY,
KEITH AND TERESA MARCEL, SHERLIE
CHARLOT, JENNIE MILLER, and EDWARD
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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No. 2:16-cv-00302-MCE-EFB
STIPULATED MOTION AND ORDER
EXTENDING CASE SCHEDULE
Action Filed:
Trial Date:

v.

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Attorneys for Defendants

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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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]

STIPULATION EXTENDING CASE SCHEDULE

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, Jennie Miller, and Edward Yager, on behalf of themselves and all others

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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 January 4, 2019 the Court entered a stipulation and order setting certain case deadlines,

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including a class certification motion deadline of April 25, 2019. (ECF No. 71). On February 14, 2019,

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the Court entered an order granting in part and denying in part Defendants’ Motion to Dismiss and

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granted Plaintiffs 20 days, or until March 11, 2019, to file an Amended Complaint. (ECF No. 79).
Plaintiffs did not file an Amended Complaint. Pursuant to the Stipulation and Order signed on March 20,

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2019, (ECF No. 82), Defendants’ deadline to file a response to the operative Second Amended
Complaint is presently April 1, 2019. As set forth below, the Parties have agreed to extend this deadline
to April 15, 2019.
The current and proposed case deadlines are set forth in the chart below. Both before and since
entry of the January 4 stipulation and order the parties have been actively engaged in discovery and have
been actively negotiating numerous outstanding discovery issues relating to both class certification
discovery and merits discovery. Defendants have served Interrogatories, and Plaintiffs have served
Requests for Production, Interrogatories, and two Rule 30(b)(6) deposition notices. Plaintiffs have now

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taken two Rule 30(b)(6) depositions and three remain to be taken, but Plaintiffs require additional

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document productions before the additional Rule 30(b)(6) depositions can be completed and before they

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can prepare their class certification motion. Thus, given the fact that the class certification deadline is

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April 25, 2019, but the Answer has not yet been filed, and the parties are still engaged in numerous

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ongoing discovery negotiations such that Plaintiffs may be required to file a motion to compel, the

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STIPULATION AND ORDER SETTING CASE SCHEDULE - 1

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parties believe that an extension of all the case deadlines by six months will help ensure the fair and

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efficient litigation of this case.

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This Stipulation is the third 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.
The Parties therefore respectfully request the Court grant this Stipulated Motion and extend the case
deadlines as follows.

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Event

Current Deadlines

Proposed New or
Extended
Deadlines

04/01/19

04/15/2019

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Deadline to File Answer to Second Amended
Complaint

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Class Certification Amended Expert Report
Deadline

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Class-Certification Expert Discovery Cutoff

04/11/2019

9/13/2019

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Plaintiffs’ Deadline to File Motion for Class
Certification

04/25/2019

10/4/2019

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05/22/2019

11/15/2019

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Defendants’ Opposition to Plaintiffs’ Motion
for Class Certification

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Plaintiffs’ Reply in Support of Motion for Class
Certification

06/07/2019

12/13/2019

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Merits discovery cutoff

09/13/2019

3/20/2020

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

10/11/2019

4/17/2020

Rebuttal Expert Reports

11/15/2019

5/22/2020

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Expert Discovery Cutoff

12/27/2019

6/26/2020

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Deadline for Parties to File Dispositive Motions

01/24/2020

7/24/2020

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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

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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8/15/2019

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STIPULATION AND ORDER SETTING CASE SCHEDULE - 2

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DATED this 29th day of March, 2019.
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]
Rachel Morowitz, admitted pro hac
[e-mail]
KELLER ROHRBACK L.L.P.
1201 Third Ave, Suite 3200
Seattle, WA 98101
Tel: [phone]
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]
Attorneys for Plaintiffs
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]
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]
Attorneys for Defendants

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STIPULATION AND ORDER SETTING CASE SCHEDULE - 3

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ATTESTATION REGARDING SIGNATURES
I, Laura 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: March 29, 2019

/s/ Laura R. Gerber
Laura R. Gerber

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CERTIFICATE OF SERVICE

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I hereby certify that on April 8, 2019, I electronically filed the foregoing with the Clerk of the
Court using the CM/ECF system, which in turn sent notice to all counsel of record.

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/s/ Laura R. Gerber
Laura Gerber

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IT IS SO ORDERED.
Dated: April 8, 2019

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STIPULATION AND ORDER SETTING CASE SCHEDULE - 4