Hawkins et al. v. Select Portfolio Servicing, Inc. et al.

Filing 20

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 2/22/17: The Court extends the fact discovery deadline 60-days: from March 6, 2017 to May 5, 2017. All other related deadlines in the Initial Case Management Scheduling Order will be based on this extended date. (Kaminski, H)

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THOMAS A. WOODS (SB #210050)
[e-mail]
BRYAN L. HAWKINS (SB #238346)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SELECT PORTFOLIO SERVICING, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CHARLES HAWKINS, an individual; and
ODESSER H. HAWKINS, an individual,
Plaintiffs,
v.
BANK OF AMERICA N.A., a business entity;
SELECT PORTFOLIO SERVICING, INC., a
business entity; and DOES 1-50 inclusive,

Case No. 2:16-cv-00827-MCE-CKD
STIPULATED REQUEST TO MODIFY
INITIAL PRETRIAL SCHEDULING
ORDER; ORDER THEREON
(Sacramento Superior Court Case No. 342016-00191260)
Action Filed:

March 4, 2016

Defendants.

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S T O E L R I V E S LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER
THEREON
90757555.1 0052161-03386

CASE NO. 2:16-CV-00827-MCE-CKD

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TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD:

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Plaintiffs Charles Hawkins and Odesser H. Hawkins (collectively, "Plaintiffs") and

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Defendant Select Portfolio Servicing, Inc. (“SPS”) and Defendant Bank of America, N.A., by and

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through their counsel of record, hereby recite and stipulate, subject to the Court’s approval as

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provided for herein, as follows:

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RECITALS
1.

On March 4, 2016, Plaintiffs filed this action in the Sacramento County Superior

Court. ECF No. 1 On April 21, 2016, SPS removed this action to this Court. Id.
2.

On April 21, 2016, the Court issued an Initial Case Management Scheduling

Order. ECF No. 2. The following deadlines apply pursuant to this Order:

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a.

March 6, 2017 deadline to complete fact discovery;

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b.

May 5, 2017 deadline to designate expert witnesses; and

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c.

September 1, 2017 deadline to file dispositive motions.

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3.

On May 5, 2016, SPS filed its Motion to Dismiss. ECF No. 8.

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4.

On December 19, 2016, Bank of America filed its Answer to Plaintiffs’

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Complaint. ECF No. 16.

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5.

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Dismiss.

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6.

On February 14, 2017, the Court entered its Order denying SPS’ Motion to

The parties submit that good cause exists to continue for 60-days the March 6,

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2017 deadline to complete fact discovery because, in an effort to limit costs and to litigate this

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action in the most efficient means possible, the Parties had delayed engaging in certain fact

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discovery while the Court was considering SPS’ Motion to Dismiss.

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7.

Neither party has previously submitted a request to continue any dates in the Initial

Pretrial Scheduling Order.

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S T O E L R I V E S LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER
THEREON
90757555.1 0052161-03386

-1-

CASE NO. 2:16-CV-00827-MCE-CKD

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STIPULATIONS
The Parties stipulate to a 60-day continuance of the March 6, 2017 fact discovery

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deadline. The Parties also note that continuing the fact discovery deadline will also continue

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other relevant dates tied to the fact discovery deadline.

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Plaintiffs and Defendants so stipulate.

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DATED: February 15, 2017

STOEL RIVES LLP

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By: /s/ Bryan L. Hawkins
THOMAS A. WOODS
BRYAN L. HAWKINS
Attorneys for Defendant
SELECT PORTFOLIO SERVICING, INC.

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DATED: February 15, 2017

LOUIS AND WHITE, PC

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By: /s Andrey R. Yurtsan (as authorized on
2/14/2017)
ANDREY R. YURTSAN
Attorneys for Plaintiffs
CHARLES HAWKINS and ODESSER H.
HAWKINS

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DATED: February 15, 2017

MCGUIRE WOODS, LLP

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By: /s Alison V. Lippa (as authorized on
2/14/2017)
ALISON V. LIPPA
Attorneys for Defendant
BANK OF AMERICA, N.A.

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S T O E L R I V E S LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER
THEREON
90757555.1 0052161-03386

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CASE NO. 2:16-CV-00827-MCE-CKD

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ORDER
Pursuant to the terms of the foregoing stipulation, the Court extends the fact discovery
deadline 60-days: from March 6, 2017 to May 5, 2017. All other related deadlines in the Initial
Case Management Scheduling Order will be based on this extended date.
IT IS SO ORDERED.
Dated: February 22, 2017

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S T O E L R I V E S LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER
THEREON
90757555.1 0052161-03386

-3-

CASE NO. 2:16-CV-00827-MCE-CKD