Labrador v. Seattle Mortgage Company

Filing 47

STIPULATION AND ORDER re Modification of Status Conference Order: Hearing on class certification is scheduled for 2/5/10 at 10:00 a.m; Case Management Conference currently scheduled for January 22, 2010 is continued to March 5, 2010 at 10:00 a.m. Signed by Judge Samuel Conti on 8/13/09. (tdm, COURT STAFF) (Filed on 8/13/2009)

1 CHAVEZ & GERTLER LLP 2 3 4 5

MARK A. CHAVEZ (Bar No. 90858) NANCE F. BECKER (Bar No. 99292) 42 Miller Ave. Mill Valley, CA 94941 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

6 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP
GARRETT W. WOTKYNS (admitted pro hac vice) 7 7702 E. Doubletree Ranch Road, Suite 300 Scottsdale, AZ 85258 8 Telephone: [phone] Facsimile: [phone] 9 [e-mail] ANDREW S. FRIEDMAN (pro hac vice) 11 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 12 Telephone: [phone] Facsimile: [phone] 13 [e-mail]

10 BONNETT, FAIRBOURN, FRIEDMAN & BALINT, PC

14 Attorneys for Plaintiff 15 16 17 18 19 MARY B. LABRADOR, individually and on ) Case No.: C-08-2270-SC behalf of all others similarly situated, ) CLASS ACTION 20 ) 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF CASE STATUS CONF ORDER

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, vs. SEATTLE MORTGAGE COMPANY,

Defendant.

) ) ) ) ) ) ) ) ) ) )

STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF STATUS CONFERENCE ORDER

1

Plaintiff Mary B. Labrador and defendant Seattle Mortgage Company, through their

2 attorneys of record, hereby stipulate as follows: 3 4
RECITALS WHEREAS, the Status Conference Order entered by the Court on May 1, 2009 directs the

5 parties to complete class certification fact discovery by August 28, 2009 and requires plaintiff to 6 file her motion for class certification on October 23, 2009; and 7
WHEREAS, plaintiff contends she had pursued discovery but has encountered

8 unexpected delays due to the fact that most of the documents relevant to her claims were 9 transferred from defendant Seattle Mortgage Company ("SMC") to Bank of America ("BofA") 10 following BofA's acquisition of SMC's reverse mortgage business, and plaintiff does not believe 11 it will be reasonably possible for her to complete the discovery necessary for her class 12 certification motion within the next 3 weeks; and 13
WHEREAS, plaintiff will also seek leave to amend her Complaint to allege new legal

14 theories against SMC and SMC reserves its right to oppose any amendment to the Complaint; 15 16 17
1. STIPULATION IT IS THEREFORE STIPULATED AND AGREED that: The cutoff for completion of class certification fact discovery and related actions

18 shall be extended for a period of 9 weeks. The new deadlines shall be as follows: 19 20 21 22 23 24 25
Completion of class certification fact discovery 10/30/09 Plaintiff to file motion for class certification 11/20/09 Defendant to file opposition to motion for class certification 12/23/09 Plaintiff to file reply in support of class certification 1/12/10 Hearing on class certification 1/29/10 Case Management Conference 3/3/10 2. Plaintiff shall file either (a) her proposed First Amended Complaint along with a

26 Stipulation with SMC agreeing to the filing or (b) a motion for leave to file her proposed First 27 Amended Complaint on or before August 31, 2009. 28 / / /
1 STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF STATUS CONF ORDER

12 1 Dated: August __, 2009

Respectfully submitted, CHAVEZ & GERTLER LLP SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP BONNETT, FAIRBOURN, FRIEDMAN & BALINT, PC By: /s/ Nance F. Becker Attorneys for Plaintiff MARY B. LABRADOR SEVERSON & WERSON By: /s/ . Sunny Huo Attorneys for Defendant SEATTLE MORTGAGE COMPANY .

2 3 4 5 6 7 8 9 10 11 _____________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25

[PROPOSED] ORDER Good cause appearing, the Court hereby approves the above stipulation and Orders that the dates set forth in the Status Conference Order entered May 1, 2009 shall be modified as follows: Completion of class certification fact discovery 10/30/09 Plaintiff to file motion for class certification 11/20/09 Defendant to file opposition to motion for class certification 12/23/09 Plaintiff to file reply in support of class certification 1/12/10 Hearing on class certification 1/29/10 2/5/10 The Case Management Conference currently scheduled for January 1, 2010 shall instead take place on March 3, 2010. March 5, 2010 IT IS SO ORDERED.
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13 26 Dated: August __, 2009
27 28

N F 2 D IS T IC T O R STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF STATUS CONF ORDER

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ERED _____________________________ O ORD IT IS S Hon. Samuel Conti U.S. District Courte Judgeonti uel C dg Sam
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