Stewart et al v. BAC Home Loans Servicing, LP

Filing 99

ORDER amending pretrial schedule (as modified) Motion Hearing set for 5/11/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 11/2/2011)

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LAW OFFICE OF WILLIAM E. KENNEDY
WILLIAM E. KENNEDY (CSB #158214)
2797 Park Avenue, Suite 201
Santa Clara, California 95050
[phone] phone
[phone] fax
[e-mail]
Robert David Humphreys (OBA 12346 pro hac vice)
Humphreys Wallace Humphreys, P.C.
9202 S. Toledo Avenue
Tulsa, OK 74137
[phone] Telephone
[phone] Facsimile
[e-mail]

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Lucius James Wallace (OBA 16070 pro hac vice)
Humphreys Wallace Humphreys, P.C.
9202 S. Toledo Avenue
Tulsa, OK 74137
[phone] Telephone
[phone] Facsimile
[e-mail]

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Attorney for Plaintiffs WILLIAM G. STEWART AND NANCY STEWART

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM G. STEWART AND NANCY
STEWART,

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Plaintiffs
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vs.
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BAC HOME LOANS SERVICING, LP
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Defendant.
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_________________________________________ )

Case No.: 10-01225SI
STIPULATION AND [PROPOSED]
ORDER MODIFYING SECOND
PRETRIAL PREPARATION ORDER

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WHEREAS, on June 29, 2011, the Court issued the Second Pretrial Preparation Order
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which set forth certain dates and deadlines, as indicated below;
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WHEREAS, the parties, by mutual agreement, wish to extend certain of those dates and
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deadlines. For ease of comparison, the dates/deadlines which the parties request be adopted are
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indicated in parentheses following the dates/deadlines currently in effect;
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STIPULATION AND [PROPOSED] ORDER
MODIFYING SECOND PRETRIAL PREPARATION ORDER

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DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below.

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NON-EXPERT DISCOVERY CUTOFF is February 24, 2012 (March 16, 2012)

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DESIGNATION OF EXPERTS: 11/23/11 (1/11/2012) REBUTTAL; 12/19/11 (1/25/12)
Parties SHALL conform to Rule 26(a)(2)

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EXPERT DISCOVERY CUTOFF IS February 24, 2012 (March 16, 2012)
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DISPOSITIVE MOTIONS SHALL be filed by March 30, 2012 (April 13, 2012);
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Opp. Due April 13, 2012 (Per Local Rules-no later than April 27, 2012); Reply Due
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April 20, 2012 (per Local Rules-no later than May 4, 2012);

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and set for hearing no later than May 4, 2012 at 9:00 a.m (May 18, 2012 at 9:00 a.m.).
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PRETRIAL CONFERENCE DATE: June 5, 2012 at 8:30 a.m.
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JURY TRIAL DATE: June 18, 2012 at 8:30 a.m.
Courtroom 10, 19th floor
SPECIAL DISCOVERY AND PRETRIAL PROVISIONS:
The deadline to amend the pleadings is July 29, 2011.
The Court adjusted the trial schedule as indicated above.
This case shall be referred to a magistrate-judge for settlement purposes. The settlement
conference shall occur in December 2011 (February 2012).
The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the
case, including settlement. Parties SHALL conform to the attached instructions. Plaintiff is
ORDERED to serve a copy of this order on any party subsequently joined in this action.
WHEREAS, the parties agree that the above-described modification of the scheduling

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order will facilitate completion of discovery necessary to prepare for the Settlement Conference;

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WHEREAS, plaintiff’s counsel William E. Kennedy has confirmed with the Hon. Joseph

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C. Spero’s staff that Judge Spero is available February 15, 2012 for a Settlement Conference and

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has reserved that date, and all parties have affirmed their availability to attend the Settlement

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Conference on that date;

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SO STIPULATED

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Dated: November 1, 2011

LAW OFFICE OF WILLIAM E. KENNEDY
HUMPHREYS WALLACE HUMPHREYS P.C.

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By:
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/s/
William E. Kennedy
Attorneys for Plaintiffs WILLIAM G. STEWART and

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SECOND PRETRIAL PREPARATION ORDER

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NANCY STEWART
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Dated: November 1, 2011

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REED SMITH LLP
By:

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/s/
David S. Reidy
Attorneys for Defendant BAC Home Loans LP

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Dated: October 26, 2011

KING & SPALDING LLP
By: _/s/___________________________
Ann K. Broussard
Attorneys for Defendant EQUIFAX INFORMATION
SERVICES LLC

Dated: October 26, 2011

JONES DAY
By: _/s/___________________________
Jason C. Wright
Attorneys for Defendant EXPERIAN INFORMATION
SOLUTIONS

Dated: October 26, 2011

SCHUCKIT & ASSOCIATES

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BY: _/s/___________________________
Karen Butler Reisinger
ATTORNEYS FOR DEFENDANT TRANS UNION LLC

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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William E. Kennedy, attest that concurrence in the filing of this document has been

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obtained from the other signatories.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on November 1, 2011 at Santa Clara, California.

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Dated: November 1, 2011

LAW OFFICE OF WILLIAM E. KENNEDY
By:

/s/
William E. Kennedy
Attorneys for Plaintiffs WILLIAM G. STEWART and
NANCY STEWART

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SECOND PRETRIAL PREPARATION ORDER

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ORDER
Pursuant to stipulation, the Second Pretrial Order is amended as follows:

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DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below.
NON-EXPERT DISCOVERY CUTOFF is March 16, 2012

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DESIGNATION OF EXPERTS: 1/11/12 REBUTTAL; 1/25/12
Parties SHALL conform to Rule 26(a)(2)

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EXPERT DISCOVERY CUTOFF IS March 16, 2012

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DISPOSITIVE MOTIONS SHALL be filed by April 13, 2012 and be set for hearing no later
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than May 18, 2012 at 9:00 a.m. The schedule for the briefing and hearing the Motion shall be per

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the Local Rules. For example, if the Motion is filed on the last possible day, the Opposition will
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Apirl 27
be due April 27, 2012, the Reply will be due May 4, 2012; and the Motion shall be set for

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hearing on May 18, 2012 at 9:00 a.m.

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PRETRIAL CONFERENCE DATE: June 5, 2012 at 8:30 a.m.

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JURY TRIAL DATE: June 18, 2012 at 8:30 a.m.
Courtroom 10, 19th floor

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SPECIAL DISCOVERY AND PRETRIAL PROVISIONS:
The deadline to amend the pleadings is July 29, 2011.
The Court adjusted the trial schedule as indicated above.
This case shall be referred to a magistrate-judge for settlement purposes. The settlement
conference shall occur in February 2012.
The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the
case, including settlement. Parties SHALL conform to the attached instructions. Plaintiff is
ORDERED to serve a copy of this order on any party subsequently joined in this action.

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SO ORDERED

As
Amended

11/2/11
Date: ________________

_______________________________________
Hon. Susan Illston
United States District Court

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SECOND PRETRIAL PREPARATION ORDER

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