Acosta v. Evergreen Moneysource Mortgage Company

Filing 8

ORDER signed by District Judge Kimberly J. Mueller on 3/9/17: Defendant's deadline to file a responsive pleading is stayed, and Defendant shall file a response to Plaintiff's amended Complaint within 21 days of its filing. Initial Schedul ing Conference continued to 11/9/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Joint status report due at least seven (7) days prior to the conference, and all discovery is stayed until Plaintiff files an amended Complaint. (Kaminski, H)

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SHIMODA LAW CORP.
Galen T. Shimoda (SBN 226752)
Justin P. Rodriguez (SBN 278275)
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JARED ACOSTA

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SEYFARTH SHAW LLP
Julie G. Yap (SBN 243450)
[e-mail]
Enedina S. Cardenas (SBN 276856)
[e-mail]
Tiffany T. Tran (SBN 294213)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]

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SUMMIT LAW GROUP PLLC
Alexander A. Baehr (WSBA 25320) (Admitted PHV)
[e-mail]
315 Fifth Avenue South, Suite 1000
Seattle, WA 98104-2682
Telephone: [phone]
Facsimile: [phone]

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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,

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Case No. 2:17-cv-00466-KJM-DB

Plaintiff,

STIPULATION AND ORDER
REGARDING PLEADING DEADLINES
AND DISCOVERY STAY

v.

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

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Defendants.

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Date Action Filed: January 24, 2017

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STIPULATION AND [PROPOSED] ORDER
37953021v.1

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Plaintiff JARED ACOSTA and Defendant EVERGREEN MONEYSOURCE MORTGAGE
COMPANY, by and through their respective counsel of record, hereby agree to the following:

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WHEREAS, on March 6, 2017, the parties engaged in meet and confer efforts, pursuant to Judge

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Mueller’s Standing Order, regarding Plaintiff’s Complaint and Defendant’s intention to file a motion to

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dismiss;

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WHEREAS, on March 7, 2017, the parties continued to meet and confer regarding Defendant’s

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motion to dismiss and began meet and confer discussions regarding Plaintiff’s intention to file a motion

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to remand;

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WHEREAS, Plaintiff intends to file an amended Complaint that would add new class action

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allegations and rest period claims against Defendant, as well as respond to some of the matters raised by

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Defendant’s counsel in the parties’ meet and confer, but does not want to waive his right to file a motion

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to remand by such a filing;

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WHEREAS, Plaintiff represents that he will file a motion to remand no later than March 17,
2017;
WHEREAS, the parties understand that there the current Complaint will be subject to
amendment if this court retains jurisdiction;
WHEREAS, the parties agree that by entering into this stipulation and proposed order that

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Plaintiff will not be considered to be waiving any right to file a motion seeking remand or otherwise

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considered to be seeking affirmative relief that could be construed as waiving his right to file a motion

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seeking remand; and

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WHEREAS, the parties agree that discovery will be unnecessarily difficult without an agreedupon operative Complaint.

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NOW, THEREFORE, the parties hereby jointly request and stipulate that:

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1.

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If this Court denies Plaintiff’s motion to remand, Plaintiff shall file an amended

Complaint within 14 days of this Court’s ruling;
2.

Defendant’s deadline to file a responsive pleading is stayed, and Defendant shall file a

response to Plaintiff’s amended Complaint within 21 days of its filing;

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STIPULATION AND [PROPOSED] ORDER
37953021v.1

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3.

Plaintiff will not be considered to be waiving any right to file a motion seeking remand or

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otherwise considered to be seeking affirmative relief that could be construed as waiving his right to file

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a motion seeking remand as a result of this stipulation and proposed order; and

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4.

The parties Rule 26 conference and all discovery is stayed until Plaintiff files an amended

Complaint.
IT IS SO STIPULATED.

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Respectfully submitted,
DATED: March 8, 2017
SHIMODA LAW CORP.

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By: /s/ Justin P. Rodriguez
Justin P. Rodriguez
Galen T. Shimoda

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Attorneys for Plaintiff
JARED ACOSTA

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DATED: March 8, 2017

SEYFARTH SHAW LLP

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By: /s/ Julie G. Yap
Julie G. Yap
Enedina S. Cardenas
Tiffany T. Tran

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DATED: March 8, 2017

SUMMIT LAW GROUP PLLC

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By: /s/ Alexander A. Baehr
Alexander A. Baehr (Admitted Pro Hac Vice)

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Attorneys for Defendant
EVERGREEN MONEYSOURCE MORTGAGE
COMPANY

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STIPULATION AND [PROPOSED] ORDER
37953021v.1

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ORDER
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IT IS SO ORDERED:

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1.

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If this Court denies Plaintiff’s motion to remand, Plaintiff shall file an amended

Complaint within 14 days of this Court’s ruling;
2.

Defendant’s deadline to file a responsive pleading is stayed, and Defendant shall file a

response to Plaintiff’s amended Complaint within 21 days of its filing;
3.

Plaintiff will not be considered to be waiving any right to file a motion seeking remand or

otherwise considered to be seeking affirmative relief that could be construed as waiving his right to file
a motion seeking remand as a result of this stipulation and order; and
4.

The Status (Pretrial Scheduling) Conference set for July 6, 2017 is continued to

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November 9, 2017 at 2:30 p.m., joint status report due at least seven (7) days prior to the conference, and

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all discovery is stayed until Plaintiff files an amended Complaint.

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Dated: March 9, 2017

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UNITED STATES DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER
37953021v.1