Zaldana v. KB Home et al

Filing 90

ORDER APPROVING STIPULATION TO RESCHEDULE DATE FOR FILING REPLY BRIEFS. Pursuant to the stipulation of the parties, and good cause appearing therefor, the Court's August 31, 2009 Order Re: filing of Third Amended Complaint and Briefing Schedule shall be modified to extend the date for filing of Reply Briefs to November 23, 2009. Signed by Judge Maxine M. Chesney on November 16, 2009. (mmclc2, COURT STAFF) (Filed on 11/16/2009)

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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] STACEY L. GORMAN (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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HUGO ZALDANA, individually, and on behalf ) of all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) KB HOME, a Delaware corporation; FIRST ) AMERICAN TITLE COMPANY, a California ) corporation; FIRST AMERICAN TITLE ) INSURANCE COMPANY, a California ) corporation; FIRST AMERICAN ) CORPORATION, a Delaware corporation; ) COUNTRYWIDE FINANCIAL ) CORPORATION, a Delaware corporation; ) COUNTRYWIDE HOME LOANS, a Delaware ) corporation; COUNTRYWIDE MORTGAGE ) VENTURES, LLC and COUNTRYWIDE KB ) HOME LOANS, an unincorporated association of unknown form.

Case No. CV-08-3399 MMC (Judge Maxine M. Chesney) STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE DATE FOR FILING REPLY BRIEFS

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE DATE FOR FILING REPLY BRIEFS Case No. 08-3399-MMC

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STIPULATION WHEREAS, this action was originally filed on July 15, 2008; WHEREAS, Plaintiffs filed a Third Amended Complaint on September 1, 2009 WHERES, defendants First American Title Company, First American Title Insurance Company and First American Corporation and defendant KB Home filed Motions to Dismiss a portion of the Third Amended Complaint on October 1, 2009 and Plaintiff filed his opposition on November 2, 2009; WHEREAS, pursuant to a Joint Stipulation entered as an Order of this Court on August 31, 2009 and by further agreement of the parties, reply briefs in support of the Rule 12 motions are due on November 16, 2009 and a hearing is scheduled for December 11, 2009; WHEREAS, lead counsel for KB Home has experienced a family emergency in that her mother has become gravely ill; WHEREAS, counsel for KB Home has explained the situation to all counsel of record and Plaintiff s counsel has agreed to extend the date to file reply briefs in support of the Rule 12 motions to Monday, November 23, 2009; WHEREAS, extending the date by which reply briefs must be filed will not effect the case schedule because the parties do not seek to modify the currently scheduled hearing date and the reply briefs will be filed no less than 18 days before the scheduled hearing. WHEREFORE, in light of the unforeseen circumstances, the parties hereby agree and stipulate, and request that the Court extend the date to file reply briefs in support of the Rule 12 Motions to Monday, November 23, 2009. ///

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STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE DATE FOR FILING REPLY BRIEFS Case No. 08-3399-MMC

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STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE DATE FOR FILING REPLY BRIEFS Case No. 08-3399-MMC

STIPULATION IT IS SO STIPULATED. DATED: November 12, 2009 HAGENS BERMAN SOBOL SHAPIRO LLP By /s/ Thomas E. Loeser Thomas E. Loeser Attorneys for Plaintiffs HUGO ZALDANA individually, and on behalf of all others similarly situated

DATED: November 12, 2009

REED SMITH LLP By /s/ Jame M. Neudecker Marshall C. Wallace James M. Neudecker Attorney for Defendant FIRST AMERICAN TITLE COMPANY, FIRST AMERICAN TITLE INSURANCE COMPANY, and FIRST AMERICAN CORPORATION

DATED: November 12, 2009

BRYAN CAVE LLP By /s/ Jennifer A. Jackson Robert E. Boone III Jennifer A. Jackson Attorneys for Defendant COUNTRYWIDE FINANCIAL CORPORATION, COUNTRYWIDE HOME LOANS, COUNTRYWIDE MORTGAGE VENTURES, LLC,and COUNTRYWIDE KB HOME LOANS

DATED: November 12, 2009

K & L GATES LLP By /s/ Stacey L. Gorman Stacey L. Gorman Attorney for Defendant KB HOME

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STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE DATE FOR FILING REPLY BRIEFS Case No. 08-3399-MMC

ECF CERTIFICATION: Stacey L. Gorman, the filer of this ECF Document, hereby certifies that the concurrence to this stipulation has been obtained by ECF registrants Thomas E. Loeser, James M. Neudecker, and Jennifer A. Jackson on behalf of their respective clients in this case. /s/ Stacey L. Gorman Stacey L. Gorman ///

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STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE DATE FOR FILING REPLY BRIEFS Case No. 08-3399-MMC

ORDER Pursuant to the stipulation of the parties, and good cause appearing therefore, the Court s August 31, 2009 Order Re: Filing of Third Amended Complaint and Briefing Schedule shall be modified to extend the date for filing of Reply Briefs to November 23, 2009.

IT IS SO ORDERED

November 16, 2009 Dated:_______________

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

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