Zaldana v. KB Home et al

Filing 41

STIPULATION AND ORDER TO RESCHEDULE MARCH 6, 2009 CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to June 12, 2009. Should the parties, after the SAC is filed, determine an earlier date is preferable, they may submit a joint stipulation to that effect. Signed by Judge Maxine M. Chesney on February 20, 2009. (mmclc2, COURT STAFF) (Filed on 2/20/2009)

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MATTHEW G. BALL (State Bar No. 208881) [e-mail] K&L GATES LLP 55 Second Street, Suite 1700 San Francisco, California 94105-3493 Telephone: [phone] Facsimile: [phone] IRENE C. FREIDEL (admitted pro hac vice) [e-mail] NAOKA E. CAREY (admitted pro hac vice) [e-mail] K& L GATES LLP State Street Financial Center One Lincoln Street Boston, MA 02111 Telephone: [phone] Facsimile: [phone] Attorneys for KB HOME

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

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. ) ) )

Case No. CV-08-3399 MMC (Judge Maxine M. Chesney) STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE MARCH 6, 2009 CASE MANAGEMENT CONFERENCE

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STIPULATION WHEREAS, this action was originally filed on July 15, 2008; WHEREAS, Plaintiffs filed a First Amended Complaint on or about October 9, 2008; WHEREAS, the Defendants filed Motions to Dismiss the First Amended Complaint, which Motions were granted by this Court in whole (with respect to Defendants Countrywide Financial Corporation and First American Title Company) and in part (with respect to Defendant KB Home) pursuant to its February 10, 2009 Order ( Order ); WHEREAS, the Order further stated that, to the extent plaintiffs may be able to cure deficiencies in the First Amended Complaint, Plaintiffs have leave to file a Second Amended Complaint, which shall be filed no later than March 13, 2009; WHEREAS, Plaintiffs presently intend to file a Second Amended Complaint; WHEREAS, a Case Management Conference in this matter is currently scheduled for March 6, 2009; WHEREAS, the parties agree that, in the interests of judicial economy, it is desireable to continue the Initial Case Management Conference until after the Second Amended Complaint is filed or after any motions to dismiss the Second Amended Complaint are resolved depending on the content of the Second Amended Complaint. WHEREFORE, in the interest of judicial economy, the parties hereby agree and stipulate, and request that the Court continue the Initial Case Management Conference to a date to be determined by further stipulation and proposed order to be submitted no later than March 20, 2009. The parties further agree that the corresponding deadlines to serve their initial disclosures, file a Rule 26(f) report, and file a case management conference statement are similarly continued. ///

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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 IT IS SO STIPULATED. DATED: February 17, 2009 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

DATED: February 17, 2009

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

DATED: February 17, 2009

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

DATED: February 17, 2009

K & L GATES LLP By /s/ Irene C. Freidel 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 Marshall C. Wallace, 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 therefore, the March 6, is continued to June 12, 2009. 2009 Case Management Conference shall be continued to be determined by further stipulation and proposed order to be submitted no later than March 20, 2009. The corresponding deadlines for the parties to serve their initial disclosures, file a Rule 26(f) report, and file a case management conference statement are similarly continued. Should the parties, after the SAC is filed, determine

an earlier date is preferable, they may submit a joint stipulation to that effect.

IT IS SO ORDERED

February 20, 2009 Dated:_______________

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

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