Zaldana v. KB Home et al

Filing 19

ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to December 19, 2008. Defendants' responsive pleadings shall be filed no later than December 1, 2008, and any Motion to Dismiss hearings shall be set no earlier than January 30, 2009. Signed by Judge Maxine M. Chesney on October 21, 2008. (mmclc2, COURT STAFF) (Filed on 10/21/2008)

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Reed Kathrein (Cal. Bar No. 139304) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, California 94710 Telephone: [phone] Facsimile: [phone] [e-mail] Steve W. Berman Thomas E. Loeser (Cal. Bar No. 202724) HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Peter B. Fredman (Cal. Bar No. 189097) LAW OFFICE OF PETER B. FREDMAN 125 University Avenue, Suite 102 Berkeley, CA 94710 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs HUGO ZALDANA and GARY GUARDINEER, individually and on behalf of all others similarly situated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION HUGO ZALDANA and GARY GUARDINEER, ) individually, and on behalf of all others similarly ) situated, ) ) Plaintiffs, ) ) v. ) ) KB HOME, a Delaware corporation; ) COUNTRYWIDE FINANCIAL ) CORPORATION dba COUNTRYWIDE HOME ) LOANS, a Delaware corporation; and ) FIRST AMERICAN TITLE COMPANY, a ) California corporation, ) ) Defendants. ) ) )
STIPULATION AND PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

No. 08-3399 MMC STIPULATION AND PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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STIPULATION WHEREAS, this action was originally filed on July 15, 2008; WHEREAS, Plaintiff Hugo Zaldana filed a Stipulation and Proposed Order For Substitution Of Counsel on or about August 26, 2008; WHEREAS, the Hagens Berman law firm filed a Notice of Association of Counsel for Plaintiff on or about August 27, 2008; WHEREAS, pursuant to Plaintiff's Declination To Proceed Before a Magistrate Judge, this matter was reassigned to the Honorable Maxine M. Chesney on or about August 29, 2008; WHEREAS, service was effected by agreement on Defendants KB Home and Countrywide Financial Corporation and related entities by means of Acknowledgements of Service on September 12, 2008; WHEREAS, Plaintiffs filed a First Amended Complaint, adding a new Defendant, First American Title Company, on or about October 9, 2008; WHEREAS, pursuant to the Case Management Conference Order issued on September 9, 2008, the Initial Case Management Conference in this matter is currently set for October 31, 2008 at 10:30 a.m.; WHEREAS, the parties are cooperating, and believe that the interests of the judicial economy would be served by a continuance of the Initial Case Management Conference in order to obtain Defendant First American Title Company's appearance in the case, to allow for the filing of Defendants' responsive pleadings prior to the Case Management Conference, to meet and confer on the agenda items for the Initial Case Management Conference, to prepare a Joint Case Management Conference Statement, and so forth. THEREFORE, the parties hereby stipulate to and request: 1. that the Initial Case Management Conference be continued to December 5, 2008, or

such other subsequent date as is convenient to the Court; and 2. that December 1, 2008 be set as the deadline for Defendants' filing of responsive

pleadings, with any Motion to Dismiss hearings to be set no earlier Januay 30, 2009. ///
STIPULATION AND PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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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 DATED: October 20, 2008 DATED: October 20, 2008 DATED: October 20, 2008 IT IS SO STIPULATED

STIPULATION

HAGENS BERMAN SOBOL SHAPIRO LLP LAW OFFICE OF PETER B. FREDMAN

By: /S/ Peter Fredman Peter B. Fredman Attorneys for Plaintiffs HUGO ZALDANA and GARY GUARDINEER, individually, and on behalf of all others similarly situated

BRYAN CAVE LLP By: /S/ Robert E. Boone Robert E. Boone III Jennifer A. Jackson Attorneys for Defendant COUNTRYWIDE FINANCIAL CORPORATION

K & L GATES LLP By: /S/ Matthew G. Ball Matthew G. Ball Attorneys for Defendant KB HOME

ECF CERTIFICATION: I, Peter Fredman, the filer of this ECF Document, hereby certify that the concurrence to this stipulation has been obtained by ECF registrants Robert E. Boone III and Matthew G. Ball on behalf fo their respective clients in this case. /s/ Peter Fredman

STIPULATION AND PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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STIPULATION AND PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

ORDER Pursuant to the stipulation of the parties, and good cause appearing therefore, The Inititial Case Management Conference in the above captioned case is hereby 19, 2008 continued to December 5, 20008 at 10:30 a.m.; and 2. Defendants' responsive pleadings shall be filed no later December 1, 2008, and any 1.

Motion to Dismiss hearings shall be set no earlier than January 30, 2009.

IT IS SO ORDERED

October 21, 2008 Dated:_______________

________________________________ Hon. Maxine M. Chesney United States District Court Judge

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