Ramirez et al v. Greenpoint Mortgage Funding, Inc.

Filing 155

ORDER Signed by Judge Thelton E. Henderson on 2/11/2010 Granting re 153 Stipulation To Vacate Stay & To Set Schedule For Further Proceedings; Exhibit A. (fj, COURT STAFF) (Filed on 2/12/2010)

1 BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. 2 Andrew S. Friedman (Admitted Pro Hac Vice) 3 Wendy J. Harrison (CA SBN 151090) 2901 North Central Avenue, Suite 1000 4 Phoenix, Arizona 85012 Tel: [phone] Fax: [phone] E-mail: [e-mail] 6 [e-mail] 7 RODDY KLEIN & RYAN 8 Gary Klein (Admitted Pro Hac Vice) Shennan Kavanagh (To be admitted Pro Hac Vice) 9 727 Atlantic Avenue Boston, MA 02111-2810 [phone], ext. 15 10 Tel: Fax: [phone] [Additional counsel listed on signature page] 12 Attorneys for Plaintiffs 13 and the Proposed Class 14 15 16 17 18

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ANA RAMIREZ and ISMAEL RAMIREZ, ) No. C 08-00369 TEH ) 19 on behalf of themselves and all others similarly situated, ) CLASS ACTION ) 20 ) STIPULATION AND [PROPOSED] Plaintiffs, ) ORDER TO VACATE STAY AND TO 21 ) SET SCHEDULE FOR FURTHER 22 ) PROCEEDINGS vs. ) 23 ) ) Date: March 8, 2010 24 GREENPOINT MORTGAGE FUNDING, ) Time: 10:00 am INC., ) Court: Honorable Thelton E. Henderson 25 ) Dept: Courtroom 12, 19th Floor ) Defendant. 26 ) ) 27
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Stipulation And [Proposed] Order To Vacate Stay And To Set Schedule For Further Proceedings Case No. C08-00369 TEH

1

WHEREAS the parties have agreed not to seek approval of the Stipulation and

2 Agreement of Settlement previously lodged with the Court [Docket No. 143]; and 3

WHEREAS plaintiffs have filed an unopposed motion to withdraw from that

4 agreement; 5

WHEREAS the parties seek a schedule for proceedings on class certification and other

6 aspects of litigation of this matter; 7

It is hereby stipulated by plaintiffs Ana Ramirez, Ismael Ramirez, and

8 Jorge Salazar and defendant GreenPoint Mortgage Funding, Inc., through their respective 9 counsel, as follow: 10

1.

The stay of the litigation schedule entered on September 11, 2009 [Docket No.

11 139] shall be vacated. 12

2.

The Proposed Schedule For Further Proceedings attached hereto as Exhibit A

13 shall be adopted by the Court. 14 DATED: February 10, 2010 15 16 17 18 19 20 21 22 23 DATED: February 10, 2010 24 25 26 27 28

RODDY KLEIN & RYAN CHAVEZ & GERTLER LLP MILLER LAW LLC NATIONAL CONSUMER LAW CENTER BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.

/s/ Gary Klein Gary Klein Attorneys for Plaintiffs SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP /s/ Anand S. Raman Anand S. Raman (admitted pro hac vice) 1440 New York Avenue, N.W. Washington, D.C. 20005 Telephone: [phone]
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Stipulation And [Proposed] Order To Vacate Stay And To Set Schedule For Further Proceedings Case No. C08-00369 TEH

1 2 3 4 5 6 Additional counsel for plaintiffs: 7 MILLER LAW LLC Marvin A. Miller 8 Lori A. Fanning (To be admitted Pro Hac Vice) 9 115 South LaSalle Street, Suite 2910 Chicago, IL 60603 10 Tel: [phone] CHAVEZ & GERTLER LLP 13 Mark A. Chavez (CA SBN 90858) Nance F. Becker (CA SBN 99292) 14 Dan Gildor (CA SBN 223027) 42 Miller Avenue 15 Mill Valley, California 94941 Tel: [phone] Fax: [phone] 19 20 21

Facsimile: 202-393-5760 Raoul D. Kennedy (CA SBN 40892) Four Embarcadero Center, Suite 3800 San Francisco, California 93111-3133 Telephone: [phone] Facsimile: 415-984-2698 Attorneys for Defendant

NATIONAL CONSUMER LAW CENTER Stuart T. Rossman (To be admitted Pro Hac Vice) Charles Delbaum (To be admitted Pro Hac Vice) 77 Summer Street, 10th Flr. Boston, MA 02141 Tel: [phone] Fax: [phone]

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Stipulation And [Proposed] Order To Vacate Stay And To Set Schedule For Further Proceedings Case No. C08-00369 TEH

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________________________________ The Honorable Thelton DERED E. Henderson R O OCourt Judge United States S S IT I District

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February 11 22 DATED: ____________, 2010

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EXHIBIT A

EXHIBIT A ­ Proposed Schedule Pretrial or Trial Event Motion for Class Certification Response to Motion for Class Certification Plaintiffs' Reply on Motion for Class Certification Expert Discovery on Merits Last day for hand-serving motions and filings (other than Motions in Limine) Non-Expert Discovery Cut-Off Date Parties to meet and confer to prepare joint final pretrial conference statement and proposed order and coordinated submission of trial exhibits and other material Filing Joint Pretrial Conference Statement and Proposed Order Lodging exhibits and other trial materials Requested Deadline March 1, 2010 April 15, 2010 May 17, 2010 Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion Parties meet and confer following resolution of class certification motion

Last day to serve and file briefs on disputed issues of law, including procedural and evidentiary issues Serve and file requested voir dire, jury instructions and forms of verdict Serve and file statements designating deposition excerpts, form interrogatory answers and responses to requests for admission to be offered at trial other than for impeachment or rebuttal Last day to meet and confer regarding objections to evidence Final Pretrial Conference and Hearing on Motions in Limine Trial Date