Labrador v. Seattle Mortgage Company

Filing 68

STIPULATION AND ORDER re Modification of Status Conference Order. Hearing on Class Certification set for 6/11/10 is continued to 9/19/10 at 10:00 a.m. Status Conference set for 7/9/10 is continued to 11/19/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Samuel Conti on 2/23/10. (tdm, COURT STAFF) (Filed on 2/24/2010)

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 MARK T. JOHNSON (Bar No. 76904) 7 180 Montgomery Street ­ Ste. 2000 8 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone]

10 SCHNEIDER WALLACE COTTRELL

BRAYTON KONECKY LLP GARRETT W. WOTKYNS (admitted pro hac vice) 11 7702 E. Doubletree Ranch Road, Suite 300 12 Scottsdale, AZ 85258 Telephone: [phone] Facsimile: [phone] [e-mail]

14

BONNETT, FAIRBOURN, FRIEDMAN & BALINT, PC 15 ANDREW S. FRIEDMAN (admitted pro hac vice) 2901 N. Central Avenue, Suite 1000 16 Phoenix, AZ 85012 Telephone: [phone] Facsimile: [phone] [e-mail]

18 19 20 21 22

Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MARY B. LABRADOR, individually and on ) ) ) ) ) 25 ) vs. ) 26 SEATTLE MORTGAGE COMPANY, ) ) Defendant. 27 ) )

23 behalf of all others similarly situated, 24 Plaintiff,

Case No.: C-08-2270-SC CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF STATUS CONFERENCE ORDER

28

STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF CASE 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 5
RECITALS WHEREAS, the Amended Scheduling Order entered by the Court on September 21,

6 2009 directs the parties to complete class certification fact discovery by February 26, 2010 7 and requires plaintiff to file her motion for class certification on March 19, 2010, with 8 hearing on the motion set for June 11, 2010; and 9
WHEREAS, defendant Seattle Mortgage Company ("SMC") filed a Motion for

10 Summary Judgment on August 28, 2009, and the parties subsequently agreed to limit 11 discovery propounded to SMC to issues relating to the resolution of that motion, which was 12 denied January 15, 2010; and 13
WHEREAS, Plaintiff believes that additional discovery, including document

14 production and the deposition of one or more representatives of SMC pursuant to 15 Fed.R.Civ.Proc. 30(b)(6), is required in order to support her motion for class certification, a 16 number of disagreements have arisen between the parties regarding the proper scope and 17 scheduling of such discovery, and it is impossible for Plaintiff to complete the discovery 18 under the existing deadlines; 19 20 21
STIPULATION IT IS THEREFORE STIPULATED AND AGREED that the existing Scheduling

22 Order shall be modified so that the cutoff for completion of class certification fact discovery 23 and related actions shall be extended for a period of four months. The new deadlines shall be 24 as follows: 25 26 27 28
Completion of class certification fact discovery ­ 6/25/10 Plaintiff to file motion for class certification ­ 7/23/10 Defendant to file opposition to motion for class certification ­ 8/20/10 Plaintiff to file reply in support of class certification ­ 9/3/10
1 STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF STATUS CONFERENCE ORDER

1 2 3

Hearing on class certification ­ 9/17/10 Case Management Conference (currently, 7/9/10) ­ 10/15/10 11/19/10

4 Dated: February 22, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18
_____________________ By: By:

Respectfully submitted, CHAVEZ & GERTLER LLP SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP BONNETT, FAIRBOURN, FRIEDMAN & BALINT, PC /s/ Nance F. Becker Attorneys for Plaintiff MARY B. LABRADOR .

SEVERSON & WERSON /s/ .

Sunny Huo Attorneys for Defendant SEATTLE MORTGAGE COMPANY [PROPOSED] ORDER

Good cause appearing, the Court hereby approves the above stipulation and Orders

19 that the dates set forth in the Scheduling Order entered September 21, 2009 shall be modified 20 as set forth above. 21 22 23 24 25 26 27 28
2 STIPULATION AND [PROPOSED] ORDER RE MODIFICATION OF STATUS CONFERENCE ORDER

IT IS SO ORDERED.

February 23, 2010 Dated: _________________

ER

N

F D IS T IC T O R

A

C

LI

FO

Judge S

amuel C

onti

R NIA

ERED _____________________________ O ORD IT IS S Hon. Samuel Conti U.S. District Court Judge
NO

UNIT ED

S

ISTRIC ES D TC AT T

RT U O

RT
H