San Miguel v. Select Portfolio Servicing, Inc. et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/30/2017 EXTENDING the fact discovery deadline to 02/28/2018 and EXTENDING the expert designation deadline to 03/28/2018. (Hunt, G)

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THOMAS A. WOODS (SB #210050)
[e-mail]
TIFFANIE C. DE LA RIVA (SB #309092)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Select Portfolio Servicing, Inc.; Wells Fargo Bank,
N.A., as Trustee for Structured Asset Mortgage
Investments II Inc. Bear Stearns Mortgage Funding
Trust 2006-AR5, Mortgage Pass-Through
Certificates, Series 2006-AR5
(erroneously sued as “Wells Fargo Bank, N.A.”)

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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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MAYBELLE SAN MIGUEL,

Case No. 2:16-cv-03034-TLN-CKD

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Plaintiff,
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v.

STIPULATED REQUEST TO MODIFY
INITIAL PRETRIAL SCHEDULING
ORDER; ORDER

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SELECT PORTFOLIO SERVICING, INC.;
WELLS FARGO BANK, N.A.; and
DOES 1 through 50, inclusive,

Action Filed:

November 17, 2016

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Defendants.

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER

CASE NO. 2:16-CV-03034-TLN-CKD

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

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Plaintiff Maybelle San Miguel ("Plaintiff") and Defendants Select Portfolio Servicing,

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Inc. (“SPS”) and Wells Fargo Bank, N.A, as Trustee for Structured Asset Mortgage Investments

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II Inc. Bear Stearns Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates,

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Series 2006-AR5’s (erroneously sued as “Wells Fargo Bank, N.A.”) (“Wells Fargo”)

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(collectively, “Defendants”), 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

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1.

Superior Court. ECF No. 1. On December 28, 2016, SPS removed this action to this Court. Id.

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On November 17, 2016, Plaintiff filed this action in the Sacramento County

2.

On March 9, 2017, the Court issued a Pretrial Scheduling Order. ECF No. 10.

The following deadlines apply pursuant to this Order:

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a.

October 31, 2017 deadline to complete fact discovery;

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b.

December 28, 2017 deadline to designate expert witnesses; and

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c.

April 19, 2018 deadline to file dispositive motions.

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3.

On March 9, 2017, Defendants filed its Motion To Dismiss. ECF No. 11.

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4.

On May 12, 2017, the Court entered a Minute Order stating that Defendants’

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Motion to Dismiss was submitted without oral argument.

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5.

As of October 2017, the Court has not ruled on the Motion to Dismiss. The

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pleadings are not yet “at issue.” Despite this, Defendants have engaged in some, but not all, of

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their discovery given that the allegations ultimately at issue in the case may change.

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6.

The parties submit that good cause exists to continue for 120-days the October 31,

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2017 deadline to complete fact discovery1 because, in an effort to limit costs and to litigate this

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action in the most efficient means possible, the certain fact discovery while the Court was

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considering Defendants’ Motion To Dismiss has been delayed.

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

The Parties believe it prudent to extend the expert designation deadline to close at a time sufficiently after the
close of the fact discovery deadline. The Parties therefore propose a 90-day extension of the expert designation
deadline to March 28, 2018. As far as the Parties can see, neither of these extensions interfere with the other
deadlines in the case associated with dispositive motions, the pre-trial conference or trial dates.

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER

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CASE NO. 2:16-CV-03034-TLN-CKD

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7.

The trial date is set for October 1, 2018. ECF No. 10. Continuing the fact

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discovery deadline for 120-days and expert designation deadline for 90-days does not appear to

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interfere with the District Court’s calendar.

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8.

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

Pretrial Scheduling Order.

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STIPULATIONS

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The Parties stipulate to a 120-day continuance of the October 31, 2017 fact discovery
deadline; and 90-day continuance of the expert designation deadline.
Plaintiff and Defendants so stipulate.

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DATED: October 27, 2017

STOEL RIVES LLP

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By: /s/ Tiffanie C. de la Riva
THOMAS A. WOODS
TIFFANIE C. DE LA RIVA
Attorneys for Defendant
Select Portfolio Servicing, Inc.; Wells
Fargo Bank, N.A., as Trustee for
Structured Asset Mortgage Investments II
Inc. Bear Stearns Mortgage Funding Trust
2006-AR5, Mortgage Pass-Through
Certificates, Series 2006-AR5
(erroneously sued as “Wells Fargo Bank,
N.A.”)

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DATED: October 27, 2017

KETTNER LAW

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By: /s/ Marc Applbum (as authorized on
10/27/17)
MARC APPLBAUM
Attorneys for Plaintiff
MAYBELLE SAN MIGUEL

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER

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CASE NO. 2:16-CV-03034-TLN-CKD

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ORDER
Pursuant to the terms of the foregoing stipulation, the Court extends the fact discovery
deadline 120-days: from October 31, 2017 to February 28, 2018. The Court also extends the
expert designation deadline 90-days: from December 28, 2017 to March 28, 2018.
IT IS SO ORDERED.
Dated: October 30, 2017

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Troy L. Nunley
United States District Judge

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION TO MODIFY INITIAL CASE
MANAGEMENT SCHEDULING ORDER; ORDER

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CASE NO. 2:16-CV-03034-TLN-CKD