Brewer et al v. Bank of America , N.A. et al

Filing 29

ORDER GRANTING AS MODIFIED 28 Stipulation REGARDING BRIEFING SCHEDULE ON DEFENDANTS MOTION TO DISMISS PENDING MDL RULING. Signed by Judge JEFFREY S. WHITE on 8/13/10. (jjoS, COURT STAFF) (Filed on 8/13/2010)

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Case3:10-cv-01884-JSW Document28 Filed08/12/10 Page1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEFF D. FRIEDMAN (173886) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 jefff@hbsslaw.com -andSTEVE W. BERMAN (Pro Hac Vice) ARI Y. BROWN (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com ari@hbsslaw.com [Additional Counsel on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BRITTA BREWER; STACEY MADAMBA, TARRY and NANCY MILLER, husband and wife, on behalf of themselves and all others similarly situated , ) ) ) ) ) Plaintiffs, ) ) v. ) ) BANK OF AMERICA, N.A. and BAC HOME ) LOANS SERVICING, LP, ) ) Defendants. ) Case No. 3:10-cv-01884-JSW STIPULATION REGARDING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS PENDING MDL RULING Courtroom: Judge: 11 19th Floor Hon. Jeffrey S. White On August 3, 2010, the parties to this action were served with a motion made to the Judicial Panel on Multidistrict Litigation to transfer and to coordinate or consolidate cases against Bank of America N.A., and BAC Home Loans Servicing, LP arising out of the performance of mortgage loan modifications and the administration of duties under the Home Affordable Modification Program. This case was specifically identified as a case to be consolidated for pretrial proceedings pursuant to 28 U.S.C. 1407. The motion to consolidate this case with other similar cases around -1- Case3:10-cv-01884-JSW Document28 Filed08/12/10 Page2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the country has been set on the Panel's docket when it next convenes on September 30, 2010. In the event the Panel consolidates this case with similar cases, the parties expect that the Plaintiffs will file a consolidated amended complaint, thereby requiring subsequent responsive pleading. In order to avoid duplicative work and otherwise wasting resources, the parties agree that current pending deadlines should be stayed and stipulate that the deadlines for briefing on Defendants' currently pending motion to dismiss shall be stayed pending a ruling by the Judicial Panel on Multidistrict Litigation. In the event the Panel denies the motion to transfer this case along with related cases to a single district for coordinated or consolidated pretrial proceedings, 1. Within 15 days of receiving notice of the Panel's decision denying the motion to transfer, Defendants shall renotice their motion to dismiss consistent with Civil Local Rule 7-2 and 7-3; 2. Plaintiffs' response to Defendants' motion to dismiss shall be due 30 days from the date of the Panel's ruling; 3. 4. Defendants' reply shall be due 14 days following Plaintiffs' response; The parties propose the the Court continue the Case Management Conference, currently scheuduled for October 22, 2010, to a date following a decision on Defendants' motion to dismiss. DATED: August 12, 2010 HAGENS BERMAN SOBOL SHAPIRO LLP s/ Ari Y. Brown Steve W. Berman (Pro Hac Vice) Ari Y. Brown (Pro Hac Vice) 1918 Eighth Avenue, Suite 3300 Seattle, Washington 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com ari@hbsslaw.com By: STIPULATION RE BRIEFING SCHEDULE C 10-01884 JSW 010176-12 388351 V1 -2- Case3:10-cv-01884-JSW Document28 Filed08/12/10 Page3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION RE BRIEFING SCHEDULE C 10-01884 JSW 010176-12 388351 V1 JEFF D. FRIEDMAN (173886) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 jefff@hbsslaw.com Attorneys for Plaintiffs GOODWIN PROCTER LLP By: s/ James W. McGarry (w/ authorization) James W. McGarry (pro hac vice) Mark Tyler Knights (pro hac vice) Exchange Place 53 State Street Boston, MA 02109 Telephone: (617) 570-1000 Facsimile: (617) 523-1231 jmcgarry@goodwinprocter.com mknights@goodwinprocter.com Brooks R. Brown (SBN 250724) GOODWIN PROCTER LLP 10250 Constellation Blvd. Los Angeles, California 90067 Telephone: (310) 788-5100 Facsimile: (310) 286-0992 bbrown@goodwinprocter.com Attorneys for Defendants -3- Case3:10-cv-01884-JSW Document28 Filed08/12/10 Page4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER Pursuant to the Parties' Stipulation Regarding Briefing Schedule on Defendants' Motion to Dismiss Pending MDL Ruling, filed on August 12, 2010, and for good cause having been shown, IT IS HEREBY ORDERED THAT, in the event the Panel denies the motion to transfer this case along with related cases to a single district for coordinated or consolidated pretrial proceedings, 1. Within 15 days of receiving notice of the Panel's decision denying the motion to transfer, Defendants shall renotice their motion to dismiss consistent with Civil Local Rule 7-2 and 7-3; 2. Plaintiffs' response to Defendants' motion to dismiss shall be due 30 days from the date of the Panel's ruling; 3. Defendants' reply shall be due 14 days following Plaintiffs' response; 4. The Case Management Conference currently scheduled for October 22, 2010 is VACATED and will be reset at a later date if necessary. The hearing on Defendants' motion to dismiss continued to ___________________________. currently set to be heard on October 1, 2010 is VACATED. If and when Defendants' renotice their motion, they shall select a date that will be at least two weeks after their reply is due. August 13, 2010 DATED: ________________ HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE STIPULATION RE BRIEFING SCHEDULE C 10-01884 JSW 010176-12 388351 V1 -4-

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