Zaldana v. KB Home et al

Filing 29

STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINE TO MAKE INITIAL DISCLOSURES. The Case Management Conference is continued to March 6, 2009. Signed by Judge Maxine M. Chesney on December 11, 2008. (mmclc2, COURT STAFF) (Filed on 12/11/2008)

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A limited liability partnership formed in the State of Delaware

Marshall C. Wallace (State Bar No. 127103) Email: [e-mail] James M. Neudecker (State Bar No. 221657) Email: [e-mail] REED SMITH LLP 1999 Harrison Street, Suite 2400 Oakland, CA 94612-3572 Telephone: Facsimile: [phone] [phone]

Attorneys for Defendant First American Title Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA HUGO ZALDANA and GARY GUARDINEER, individually, and on behalf of all others similarly situated, Plaintiffs, vs. KB HOME, a Delaware corporation; COUNTRYWIDE FINANCIAL CORPORATION d/b/a COUNTRYWIDE HOME LOANS, a Delaware corporation; and FIRST AMERICAN TITLE COMPANY, a California corporation, Defendants. Case No. 08-CV-3399 MMC Before the Honorable Maxine M. Chesney STIPULATION AND PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINE TO MAKE INITIAL DISCLOSURES Conference Date: Conference Time: Location: December 19, 2008 10:30 a.m. Courtroom 7

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REED SMITH LLP

On October 21, 2008, the Court entered an Order continuing the initial Case Management Conference ("CMC") to December 19, 2008. In the same Order, the Court set a deadline of December 1, 2008 for Defendants to file a responsive pleading. Thereafter, Defendants informed Plaintiffs that each intended to file a Motion to Dismiss. The parties met and conferred on a proposed briefing and hearing schedule, and on November 26, 2008 the Court entered a Stipulated Order setting December 8, 2008 as the deadline for Defendants to file their respective Motions to ­1­
Stipulation And Proposed Order Continuing Initial Case Management Conference And Deadline to Make Initial Disclosures

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A limited liability partnership formed in the State of Delaware

Dismiss; January 16, 2009 as the deadline for Plaintiffs to file their Oppositions to Defendants' respective Motions to Dismiss; and January 30, 2009 as the deadline for Defendants to file Replies in support of their respective Motions to Dismiss. The Court set a hearing on Defendants' Motions for Dismiss on February 13, 2009. Pursuant to the Court's Order, each Defendant filed a Motion to Dismiss on December 8, 2008.

The parties agree that it is in the interest of judicial efficiency to continue the initial CMC, and the deadline to make initial disclosures under Federal Rule of Civil Procedure 26(a), to a date after the Court considers Defendants' Motions to Dismiss. If the Court grants Defendants' Motions, the need to prepare for and appear at an initial CMC, and to make initial disclosures, will be moot. If the Court denies Defendants' Motions, or grants them only in part, the parties will have a better understanding of what issues will need to be addressed in the initial disclosures, and be better able to assess a realistic pre-trial schedule at the initial CMC.

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REED SMITH LLP

Accordingly, the parties stipulate to the following schedule, subject to the Court's approval: February 27, 2009: Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Conference Statement Initial Case Management Conference

March 6, 2009 at 10:30 a.m. ///// ///// ///// ///// ///// ///// ///// ///// /////

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Stipulation And Proposed Order Continuing Initial Case Management Conference And Deadline to Make Initial Disclosures

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A limited liability partnership formed in the State of Delaware

IT IS SO STIPULATED DATED: . HAGENS BERMAN SOBOL SHAPIRO LLP LAW OFFICE OF PETER B. FREDMAN By /s/ Peter B. Fredman Peter B. Fredman Attorneys for Plaintiffs Hugo Zaldana and Gary Guardineer, individually, and on behalf of all others similarly situated

DATED:

.

REED SMITH LLP By /s/ James M. Neudecker Marshall C. Wallace James M. Neudecker Attorneys for Defendant First American Title Company

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REED SMITH LLP

BRYAN CAVE LLP By /s/ Jennifer A. Jackson 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

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Stipulation And Proposed Order Continuing Initial Case Management Conference And Deadline to Make Initial Disclosures

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A limited liability partnership formed in the State of Delaware

ORDER

Having considered the parties' stipulation continuing the initial Case Management Conference and Deadline to Make Initial Disclosures, and good cause appearing, the Court orders as follows:

1.

The initial Case Management Conference is continued to March 6, 2009 at 10:30 a.m.

2.

The parties' deadline to file a Rule 26(f) Report, complete initial disclosures or state

their objection in a Rule 26(f) Report, and file a Case Management Conference Statement, is February 27, 2009.

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REED SMITH LLP

IT IS SO ORDERED DATED: December 11,. 2008 The Honorable Maxine M. Chesney

US_ACTIVE-100891642.1

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Stipulation And Proposed Order Continuing Initial Case Management Conference And Deadline to Make Initial Disclosures