Zamora et al v. Wachovia Corporation et al

Filing 60

ORDER RE: CASE MANAGEMENT STATEMENT AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 3/2/09. (jjo, COURT STAFF) (Filed on 3/2/2009)

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BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. Andrew S. Friedman (pro hac vice) Wendy J. Harrison (CA Bar No. 151090) 2901 North Central Avenue, Suite 1000 Phoenix, Arizona 85012 Telephone: [phone] [e-mail] Lead Interim Class Counsel [Additional Counsel appear on signature page] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION JAVIER AND LETICIA ZAMORA and DANIEL PEREZ and ELIZABETH PEREZ, ) ) ) Plaintiffs, ) ) vs. ) ) WACHOVIA CORPORATION and WORLD ) SAVINGS BANK, ) ) Defendants. ) ) ) ) ) ) ) No. C07-04603 JSW CLASS ACTION JOINT CONTINUED CASE MANAGEMENT STATEMENT AND STATUS REPORT The Honorable Jeffrey S. White Date: Time: Dept: March 6, 2009 1:30 pm Courtroom 2

JOINT CONTINUED CASE MANAGEMENT STATEMENT AND STATUS REPORT, Case No. C07-04603 JSW

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Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and Civil Local Rule 16-10(d), plaintiffs Leticia Zamora and Daniel Perez and Elizabeth Perez ("Plaintiffs"), along with defendant Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB ("Wachovia") hereby submit the following Joint Continued Case Management Statement and Status Report. This statement briefly supplements the Joint Rule 26(f) Report and Case Management Conference Statement filed on December 3, 2007, the First Amended Joint Rule 26(f) Report and Case Management Conference Statement filed on January 5, 2008 and the Joint Continued Case management Conference Statement and Updated Status Report filed on June 13, 2008 (collectively "Reports"). 1. Settlement and ADR Process

On May 13, 2008 and September 15, 2008, the parties mediated this matter before Judge Edward A. Infante (Ret.) of JAMS and believed that additional mediation sessions would be beneficial. The mediation process, however, was delayed by the acquisition of Wachovia by Wells Fargo & Co, which closed on December 31, 2008. The parties met with Judge Infante for a third mediation session on February 25, 2009 but did not reach a resolution and the mediation was suspended. 2. Additional Anticipated Pre-Trial Motions

In addition to the anticipated Motions as set out in the parties' previous Reports, if continued settlement and mediation discussions do not lead to a resolution of this matter, Defendant presently anticipates moving to add the named plaintiffs' mortgage brokers as necessary parties pursuant to Federal Rule of Civil Procedure Rule 19(a). See Steele v. GE Money Bank, No. 08-C-18880, 2009 U.S. Dist. LEXIS 11536 (N.D. Ill. Feb. 17, 2009). Plaintiffs intend to amend the complaint to address the changes in defendant's ownership structure. 3. Scheduling

While some formal discovery has commenced, the parties have primarily engaged in an informal exchange of information for purposes of mediation, so as to explore the possibilities of resolution of this action without the costs and burdens associated with full
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discovery. As a result, the parties request that the pre-trial deadlines be continued as follows: PRE-TRIAL EVENT Deadline to Amend Pleadings Initial Expert Reports re Class Certification Issues Rebuttal Expert Reports re Class Certification Issues Completion of Expert Discovery re Class Certification Issues Last Day to File Motion for Class Certification Opposition to Motion for Class Certification Reply in Support of Motion for Class Certification Hearing on Motion for Class Certification Close of Fact Discovery Close of Expert Discovery Joint Case Management Conference Statement Due Case Management Conference Dispositive Motion Hearing Date Dated: February 27, 2009
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PARTIES' REQUESTED DEADLINE: July 2, 2009 October 9, 2009 October 30, 2009 (defendant) November 13, 2009 (plaintiff) November 25, 2009 December 4, 2009 January 22, 2010 February 26, 2010 March 19, 2010 or other date per Court's calendar at 9:00 a.m. July 15, 2010 September 17, 2010 December 24, 2010 January 14, 2011 January 14, 2011 at 9:00 a.m.

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As all case management dates are HEREBY SET by approved stipulation, the case management conference set for March 6, 2009 is HEREBY VACATED.

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Dated: March 2, 2009

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By: /s/ Andrew S. Friedman (pro hac vice) Wendy J. Harrison (SBN 151090) 2901 North Central Avenue, Ste. 1000 Phoenix, Arizona 85012-3311 Telephone: [phone] Facsimile: 602-274-1199 RODDY KLEIN & RYAN Gary Klein (pro hac vice) Shennan Kavanagh 727 Atlantic Avenue Boston, MA 02111-02810 Telephone: [phone] ext. 15
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JOINT CONTINUED CASE MANAGEMENT STATEMENT AND STATUS REPORT, Case No. C07-04603 JSW

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CHAVEZ & GERTLER, L.L.P. Mark A. Chavez (SBN 90858) Jonathan Gertler (SBN 111531) Nance F. Becker (SBN 99292) 42 Mill Avenue Mill Valley, California 94941 Telephone: [phone] COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP John J. Stoia, Jr. (CA SBN 141757) Theodore J. Pintar (CA SBN 31372) Leslie E. Hurst (CA SBN 178432) 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] HOUSING AND ECONOMIC RIGHTS ADVOCATES Maeve Elise Brown (CA SBN 137512) 1305 Franklin Street, suite 305 Oakland, CA 94612 Telephone: [phone] BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP Joseph H. Meltzer Edward W. Ciolko Joseph A. Weeden Peter Muhic Donna Siegel Moffa 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Attorneys for Plaintiffs REED SMITH LLP By: /s/ Jack R. Nelson

Attorneys for Defendant Wachovia Mortgage, FSB
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