Zaldana v. KB Home et al

Filing 21

STIPULATION AND ORDER REGARDING SCHEDULE FOR RESPONSIVE PLEADINGS. Defendants shall file and serve responsive pleadings, or motions to dismiss, on or before December 8, 2008. If any defendant files a motion to dismiss, plaintiffs' opposition p apers shall be served and filed on or before January 16, 2009; defendants' reply papers shall be served and filed on or before January 30, 2009; and any motion to dismiss hearing shall take place on February 13, 2009. Signed by Judge Maxine M. Chesney on November 26, 2008. (mmclc2, COURT STAFF) (Filed on 11/26/2008)

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MATTHEW G. BALL (State Bar No. 208881) [e-mail] K&L GATES LLP 4 Embarcadero, Suite 1200 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] [e-mail] Attorney for KB HOME & HOMESAFE ESCROW COMPANY

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. ) ) )

No. 08-3399 MMC STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR RESPONSIVE PLEADINGS

STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR RESPONSIVE PLEADINGS Case No. 08-3399-MMC

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR RESPONSIVE PLEADINGS Case No. 08-3399-MMC

STIPULATION WHEREAS, this action was originally filed on July 15, 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 parties Stipulation and Order to Continue the Initial Case Management Conference, entered as an Order on October 21, 2008, the Defendants responsive pleadings to the First Amended Complaint are to be filed no later than December 1, 2008, with any Motion to Dismiss hearings to be scheduled no earlier than January 30, 2009; WHEREAS, the parties met and conferred by telephone on November 20, 2008, and as part of that conference agreed upon the following revised schedule: 1. Defendants Responsive Pleadings, including Motions to Dismiss, shall be filed on or

before December 8, 2008; 2. 3. 4. Plaintiffs Opposition papers shall be served and filed on or before January 16, 2008; Defendants Reply papers shall be served and filed on or before January 30, 2008; and A hearing on Defendants Motions to Dismiss shall be scheduled no earlier than

February 13, 2009. WHEREAS, the parties believe that the interests of judicial economy would be served by the adoption of the above-noted briefing and hearing schedule. THEREFORE, the parties hereby stipulate to and request that the Court enter the following Order. IT IS SO STIPULATED DATED: November 24, 2008 HAGENS BERMAN SOBOL SHAPIRO LLP LAW OFFICE OF PETER B. FREDMAN By /s/ Peter B. Fredman Attorneys for Plaintiffs HUGO ZALDANA and GARY GUARDINEER, individually, and on behalf of all others similarly situated

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DATED: November 24, 2008

REED SMITH LLP By /s/ Marshall C. Wallace Attorney for Defendant FIRST AMERICAN TITLE COMPANY

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR RESPONSIVE PLEADINGS Case No. 08-3399-MMC

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

DATED: November 24, 2008

K & L GATES LLP /s/ Matthew G. Ball Attorney for Defendant KB HOME

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

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR RESPONSIVE PLEADINGS Case No. 08-3399-MMC

ORDER Pursuant to the stipulation of the parties, and good cause appearing, the Court orders as follows: 1.

or Defendants shall file and serve responsive pleadings, including any Motions to 2009 Plaintiffs Opposition papers shall be served and filed on or before January 16, 2008; 2009 Defendants Reply papers shall be served and filed on or before January 30, 2008; and
Any Motion to Dismiss hearing shall take place at 9:00 a.m. on February 13, 2009.

Dismiss, on or before December 8, 2008; if any defendant files a motion to dismiss, 2. 3. 4.

IT IS SO ORDERED

November 26, 2008 Dated:_______________

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

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