Lew v. Countrywide Financial Corporation et al

Filing 112

STIPULATION AND ORDER Case Management Conference set for 2/20/09 is continued to 5/29/2009 10:00 AM.. Signed by Judge Samuel Conti on 1/6/09. (tdm, COURT STAFF) (Filed on 1/7/2009)

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Counsel Listed on Following Page

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Samson Lew, on behalf of himself and classes of those similarly situated, Plaintiffs, vs. Countrywide Financial Corporation; Countrywide Bank, FSB, Full Spectrum Lending Division; Countrywide Bank, N.A.; Countrywide Home Loans, Inc., and their respective affiliates and parents and subsidiaries, and DOES 1-50, Defendants. STIPULATION AND [PROPOSED] ORDER TO MOVE CASE MANAGEMENT CONFERENCE DATE AND EXTEND DEADLINES FOR HEARING ON PLAINTIFF'S MOTION FOR CERTIFICATION

Case No. CV 08 1993 SC

STIPULATION TO MOVE CASE MANAGEMENT CONFERENCE DATE AND EXTEND DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Donald H. Nichols (MN State Bar No. 78918) [e-mail] (admitted pro hac vice) Paul J. Lukas (MN State Bar No. 22084X) [e-mail] (admitted pro hac vice) NICHOLS KASTER, PLLP 4600 IDS Center 80 S. 8th Street Minneapolis, MN 55402 Bryan J. Schwartz, CA State Bar No. 209903 [e-mail] Matthew C. Helland, CA State Bar No. 250451 [e-mail] NICHOLS KASTER, LLP One Embarcadero Center, Ste. 720 San Francisco, CA 94111 Robert S. Norell, P.A. [e-mail] (admitted pro hac vice) 7350 N.W. 5th Street Plantation, FL 33317 Attorneys for Individual and Representative Plaintiff SEYFARTH SHAW LLP Thomas R. Kaufman (SBN 177936) [e-mail] 2029 Century Park East, Suite 3300 Los Angeles, California 90067-3063 Telephone: [phone] Facsimile: [phone] Joseph P. Breen (SBN 124330) [e-mail] Amy K. Skryja (SBN 214826) [e-mail] 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants COUNTRYWIDE FINANCIAL CORPORATION; FULL SPECTRUM LENDING, a division of Countrywide Home Loans, Inc. (erroneously sued as COUNTRYWIDE BANK, FSB, FULL SPECTRUM LENDING DIVISION); COUNTRYWIDE BANK, FSB (erroneously sued as COUNTRYWIDE BANK, N.A.); and COUNTRYWIDE HOME LOANS, INC. -2STIPULATION TO MOVE CASE MANAGEMENT CONFERENCE DATE AND EXTEND DEADLINES

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WHEREAS Plaintiffs noticed the Fed.R.Civ.P. 30(b)(6) deposition and served admissions requests, document requests, and interrogatories on July 22, 2008 and subsequently served an amended deposition notice and amended requests for admission; and WHEREAS Defendants served objections and responses to this discovery in August, September and November, 2008; and WHEREAS the parties met-and-conferred extensively regarding Plaintiffs' discovery and Defendants' responses in September and October 2008; and WHEREAS after the parties were unable to reach agreement on discovery issues including the proper scope of discovery prior to the determination of class certification, Plaintiffs moved to compel cooperation with the 30(b)(6) notice and the interrogatories and document requests during the first week of November 2008, which Defendants subsequently opposed; and WHEREAS Magistrate Elizabeth Laporte heard the Plaintiffs' motions to compel on December 16, 2008, ordering the parties to reach discovery stipulations based upon guidance she provided as to how she intended to rule on various discovery issues raised in the motions and oppositions filed; and WHEREAS the parties filed their proposed orders on discovery stipulations by December 23, 2008, as ordered by Magistrate Laporte; and WHEREAS in good faith, the parties agreed that Defendants would attempt to comply fully with the stipulated discovery ­ much of which is anticipated to require considerable effort by Defendants to locate, review and prepare for production ­ by a target date of January 16, 2009; and WHEREAS currently Plaintiffs are required to move for class certification no later than January 16, 2009, to be heard on February 20, 2009, the existing date of the Case Management Conference; and -3STIPULATION TO MOVE CASE MANAGEMENT CONFERENCE DATE AND EXTEND DEADLINES

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WHEREAS Plaintiffs contend the discovery sought from Defendants, which Defendants will respond to subject to the stipulated discovery orders as entered or modified by Magistrate Laporte, has a direct bearing on Plaintiffs' anticipated class certification motion; and WHEREAS, Plaintiffs are seeking tolling of the applicable statutes of limitations in a separate motion to stay, and Defendants expressly do not stipulate to the tolling of applicable statutes of limitation; THEREFORE, the parties stipulate and agree to a delay of ninety (90) days in the deadline for Plaintiffs to file a class certification motion, currently scheduled for January 16, 2009, and a postponement, likewise, in the Case Management Conference and class certification motion hearing, currently scheduled for February 20, 2009. DATE: December 31, 2009 /s/ __________________________________ Bryan J. Schwartz [e-mail] NICHOLS KASTER, LLP One Embarcadero Center, Ste. 720 San Francisco, CA 94111 /s/ _____________________________ Joseph Patrick Breen [e-mail] SEYFARTH SHAW LLP 560 Mission Street, Suite 3000 San Francisco, CA 94105

[PROPOSED] ORDER Pursuant to the parties' stipulation, it is so ORDERED. The case management conference shall be set for 10:00 a.m. on May 22, 2009, and the deadline for hearing on Plaintiffs' class certification motion ("the motion") shall be on the same date, with all other filing deadlines pertaining to the motion adjusted accordingly. DATE: ____________
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1/6/09

D IS T IC T O STIPULATION TO MOVE CASE MANAGEMENT CONFERENCE DATE AND EXTEND DEADLINES R

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_______________________ DERED SO OR T IS Samuel Conti I Hon. United States District Court Northern Districtuel Conti am of California Judge S
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Samson Lew, on behalf of himself and classes of those similarly situated, Plaintiffs, CERTIFICATE OF SERVICE

4:08-cv-01993 SC

Countrywide Financial Corporation; Countrywide Bank, FSB, Full Spectrum Lending Division; Countrywide Bank, N.A.; Countrywide Home Loans, Inc., and their respective affiliates and parents and subsidiaries, and DOES 1-50, Defendants. I hereby certify that on December 31, 2008, I caused the following document: Stipulation and [Proposed] Order To Move Case Management Conference Date and Extend Deadlines For Hearing On Plaintiff's Motion For Certification to be filed with the Clerk of Court and served, via ECF, upon the following: Joseph P. Breen [e-mail] Amy K. Skryja [e-mail] Seyfarth Shaw, LLP 560 Mission Street Suite 3100 San Francisco, CA 94105-2930 Thomas R. Kaufmann [e-mail] Seyfarth Shaw, LLP One Century Plaza, Suite 3300 2029 Century Park East Los Angeles, CA 90067-3063 Dated: December 31, 2008 s/Bryan J. Schwartz Bryan J. Schwartz, CA State Bar No. 209903 NICHOLS KASTER, LLP One Embarcadero Center, Ste. 720 San Francisco, CA 94111 -5-

STIPULATION TO MOVE CASE MANAGEMENT CONFERENCE DATE AND EXTEND DEADLINES