Acosta v. Evergreen Moneysource Mortgage Company

Filing 27

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/3/18 ORDERING the following modifications to its Status (Pretrial Scheduling) Order: the deadline for private mediation RESET to 2/21/18; completing class certification discov ery RESET to 7/12/18; counsel to designate expertise of each expert RESET to 8/16/18; completing expert discovery RESET to 10/8/18; Plaintiff to file his certification motion is RESET to on or before 10/8/18; and the hearing on Plaintiff's motion for class certification RESET to 11/16/18. (Becknal, R)

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Galen T. Shimoda (SBN 226752)
Justin P. Rodriguez (SBN 278275)
SHIMODA LAW CORP.
9401 East Stockton Blvd., Suite 200
Elk Grove, California 95624
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff JARED ACOSTA

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Julie G. Yap (SBN 243450)
Tiffany T. Tran (SBN 294213)
SEYFARTH SHAW LLP
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Alexander A. Baehr (Admitted Pro Hac Vice)
SUMMIT LAW GROUP PLLC
315 Fifth Avenue S., Suite 1000
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
EVERGREEN MONEYSOURCE MORTGAGE
COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED ACOSTA,
Plaintiff,

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v.
EVERGREEN MONEYSOURCE MORTGAGE
COMPANY, a Washington Corporation; and
DOES 1 to 100 inclusive,

Case No. 2:17-cv-00466-KJM-DB
STIPULATION AND ORDER TO
MODIFY THE STATUS (PRETRIAL
SCHEDULING) ORDER

Date Action Filed: January 24, 2017
FAC Filed: August 11, 2017

Defendants.

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STIP & ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER

Plaintiff JARED ACOSTA and Defendant EVERGREEN MONEYSOURCE MORTGAGE

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COMPANY, by and through their respective counsel of record, hereby agree to the following:
WHEREAS, the Court’s Status (Pretrial Scheduling) Order orders Plaintiff and Defendant to

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participate in private mediation by January 25, 2018 based on a prior representation from the parties that

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this date was confirmed with the mediator;
WHEREAS, on November 29, 2017, counsel for Defendant, Alexander A. Baehr, informed

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Plaintiff’s Counsel, Justin P. Rodriguez, that due to a trial being scheduled to begin on January 22, 2018

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mediation on January 25, 2018 would no longer be possible;
WHEREAS, Mr. Baehr contacted the mediator to find the earliest possible alternative date,

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which was February 21, 2018;
WHEREAS, the parties have confirmed their ability to attend and participate in a mediation on

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February 21, 2018;
WHEREAS, the parties wish to modify the Court’s Status (Pretrial Scheduling) to account for

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the delay in the ability to complete mediation and preserve their litigation resources to help facilitate the

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possibility of settlement in this matter;
WHEREAS, the parties submitted a Joint Motion to Modify the Courts Status (Pretrial

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Scheduling) Order on December 19, 2017; and
WHEREAS, on December 21, 2017, the parties were directed by the Courtroom Clerk, Casey

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Schultz, to file a stipulation and proposed order in lieu of the Joint Motion.
NOW, THEREFORE, good cause having been shown under Rule 16, the parties stipulate to and

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agree, subject to the Court’s approval, to the following modification of the deadlines set forth in the

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Court’s Status (Pretrial Scheduling) Order:
1. Continue the deadline for the parties to participate in private mediation from January 25,

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2018 to February 21, 2018;

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2. Continue the deadline for completing class certification discovery from June 15, 2018 to July

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12, 2018;

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STIP & ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER

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3. Continue the deadline for counsel to designate in writing, file with the court, and serve upon

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all other parties the name, address, and area of expertise of each expert from July 20, 2018 to

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August 16, 2018;

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4. Continue the deadline for any party who previously disclosed expert witnesses to submit a

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supplemental list of expert witnesses who will express an opinion on a subject covered by an

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expert designated by an adverse party, if the party supplementing an expert witness

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designation has not previously retained an expert to testify on that subject from August 10,

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2018 to September 6, 2018;

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5. Continue the deadline for completing expert discovery from September 11, 2018 to October
8, 2018;
6. Continue the deadline for Plaintiff to file his certification motion from September 11, 2018 to
on or before October 8, 2018; and
7. Continue the hearing on Plaintiff’s motion for class certification from October 19, 2018 to
November 16, 2018.

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Respectfully submitted,
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IT IS SO STIPULATED.

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DATED: December 21, 2017

SHIMODA LAW CORP.
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By: /s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez

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Attorneys for Plaintiff
JARED ACOSTA

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DATED: December 21, 2017

SEYFARTH SHAW LLP

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By: /s/ Julie G. Yap
Julie G. Yap
(as authorized 12/21/17)
Tiffany T. Tran
Attorneys for Defendant
EVERGREEN MONEYSOURCE MORTGAGE
COMPANY
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STIP & ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER

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DATED: December 21, 2017

SUMMIT LAW GROUP PLLC

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By: /s/ Alexander A. Baehr
Alexander A. Baehr (Admitted Pro Hac Vice)
(as authorized 12/21/17)

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Attorney for Defendant
EVERGREEN MONEYSOURCE MORTGAGE
COMPANY

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* * *

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ORDER

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Good cause appearing therefore under Rule 16, the Court makes the following modifications to
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its Status (Pretrial Scheduling) Order:
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1. The deadline for the parties to participate in private mediation shall be moved from January
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25, 2018 to February 21, 2018;
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2. The deadline for completing class certification discovery shall be moved from June 15, 2018
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to July 12, 2018;
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3. The deadline for counsel to designate in writing, file with the court, and serve upon all other
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parties the name, address, and area of expertise of each expert shall be moved from July 20,
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2018 to August 16, 2018;
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4. The deadline for any party who previously disclosed expert witnesses to submit a
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supplemental list of expert witnesses who will express an opinion on a subject covered by an
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expert designated by an adverse party, if the party supplementing an expert witness
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designation has not previously retained an expert to testify on that subject shall be moved
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from August 10, 2018 to September 6, 2018;
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5. The deadline for completing expert discovery shall be moved from September 11, 2018 to
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October 8, 2018;
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6. The deadline for Plaintiff to file his certification motion shall be moved from on or before
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September 11, 2018 to on or before October 8, 2018; and
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STIP & ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER

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7. The hearing on Plaintiff’s motion for class certification shall be moved from October 19,
2018 to November 16, 2018.
IT IS SO ORDERED:

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Date: January 3, 2018.

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UNITED STATES DISTRICT JUDGE

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STIP & ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER