Lyman et al v. Saxon Mortgage Services, Inc. et al

Filing 111

Case Management Order entered by Magistrate Judge Nandor J. Vadas. (njvlc1, COURT STAFF) (Filed on 8/1/2012)

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ERIC D. HOUSER (SBN 130079)
JASON K. BOSS (SBN 228147)
HOUSER & ALLISON
A Professional Corporation
9970 Research Drive
Irvine, California 92618
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants OCWEN LOAN SERVICING, LLC, DEUTSCHE
BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL
ESTATE CAPITAL TRUST 2005-HE3 MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2005-HE3 (erroneously sued as DEUTSCHE BANK
NATIONAL TRUST COMPANY), DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005HE3 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HE3
(erroneously sued as IXIS REAL ESTATE CAPITAL TRUST 2005-HE3), AND
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and
WESTERN PROGRESSIVE, LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA—EUREKA

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CHRISTOPHER GENE LYMAN;
JESSICA HELEN O’DANIEL,

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Plaintiffs,

Case No: 1:11-cv-00433-NJV
[PROPOSED] CASE
MANAGEMENT ORDER

vs.
SAXON MORTGAGE SERVICES,
INC.; OCWEN LOAN SERVICING,
LLC; FIRST NLC FINANCIAL
SERVICES, LLC; and DOES 1
through 100 , inclusive
Defendants.

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On July 24, 2012 at approximately 2:00 p.m., this Court called a scheduled
and ordered Case Management Conference for hearing.
CASE MANAGEMENT ORDER
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Christopher Neary

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appeared on behalf of Plaintiffs CHRISTOPHER GENER LYMAN AND

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JESSICA O’DANIEL (“Plaintiffs”).

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Defendants OCWEN LOAN SERVICING, LLC (“Ocwen”), DEUTSCHE BANK

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NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE

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CAPITAL

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CERTIFICATES, SERIES 2005-HE3 (erroneously sued as DEUTSCHE BANK

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NATIONAL TRUST COMPANY), DEUTSCHE BANK NATIONAL TRUST

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COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005-

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HE3 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HE3

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(erroneously sued as IXIS REAL ESTATE CAPITAL TRUST 2005-HE3)

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(“Deutsche Bank as Trustee”), MORTGAGE ELECTRONIC REGISTRATION

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SYSTEMS, INC. (“MERS”), WESTERN PROGRESSIVE, LLC (collectively

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“Defendants”). Elizabeth Thompson appeared on behalf of Defendant SAXON

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MORTGAGE SERVICES, INC. (“Saxon”).

TRUST

2005-HE3

Jason K. Boss appeared on behalf of

MORTGAGE

PASS

THROUGH

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The Court having reviewed the parties’ previously filed Joint Case

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Management Statement, and having found good cause appearing herein, adopted,

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in part, the Joint Case Management Statement, and herein ORDERS as follows:

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The last day for the parties to join additional parties to this case is scheduled
for August 24, 2012.

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Expert reports from retained experts under F.R.C.P. Rule 26(a)(2) are due

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to be filed and served by no later than February 1, 2013. Supplementation of

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Disclosures and Responses shall be governed by Federal Rules of Civil

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Procedure.

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The last day to complete discovery, including expert and general discovery,
shall be April 15, 2013.

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The last day to file potentially dispositive motions shall be June 3, 2013.

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The last day for this Court to hear potentially dispositive motions shall be

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July 2, 2013.
CASE MANAGEMENT ORDER
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The last day for the parties to engage in a settlement conference and/or
complete Alternative Dispute Resolution (ADR) shall be August 1, 2013.

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A Final Pre-Trial Status Conference shall be conducted on August 12, 2013

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at 9:00 a.m. At that time all pre-trial documents, including trial briefs, jury

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instructions, voir dire questions, and motions in limine, shall be submitted.

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Trial of the above entitled matter shall begin on August 26, 2013 at 9:00

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a.m. in Department 205a of above court located at 514 H. Street, Eureka,

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California.

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IT IS SO ORDERED.

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August 1, 2012

Dated: _______________

___________________________________
HON. NANDOR J. VADAS

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CASE MANAGEMENT ORDER
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