Haggarty et al v. Wells Fargo Bank, N.A.

Filing 106

STIPULATION AND ORDER re 101 STIPULATION WITH PROPOSED ORDER filed by Gina M. Haggarty, Charles P. Haggarty. Replies due by 8/24/2012. Signed by Judge Charles R. Breyer on August 17, 2012. (wsn, COURT STAFF) (Filed on 8/17/2012)

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Richard D. McCune, State Bar No. 132124
[e-mail]
David C. Wright, State Bar No. 177468
[e-mail]
Jae (Eddie) K. Kim, State Bar No. 236805
[e-mail]
MCCUNEWRIGHT LLP
2068 Orange Tree Lane, Suite 216
Redlands, California 92374
Telephone: [phone]
Facsimile: [phone]

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Mitchell M. Breit (pro hac vice)
[e-mail]
Andrea Bierstein*
[e-mail]
Jayne Conroy*
[e-mail]
HANLY CONROY BIERSTEIN
SHERIDAN FISHER & HAYES LLP
112 Madison Avenue
New York, New York 10016-7416
Telephone: [phone]
Facsimile: [phone]

Derek Y. Brandt (pro hac vice)
[e-mail]
Anna M. Kohut (pro hac vice)
[e-mail]
SIMMONS BROWDER GIANARIS
ANGELIDES & BARNERD LLC
One Court Street
Alton, Illinois 62002
Telephone: [phone]
Facsimile: [phone]
*Application for admission pro hac vice to
be submitted

Attorneys for Plaintiffs Charles P. Haggarty,
Gina M. Haggarty and all other similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES P. HAGGARTY and GINA M.

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HAGGARTY, on behalf of themselves and

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all others similarly situated,

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Plaintiffs,
v.

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WELLS FARGO BANK, N.A.,
Defendants.

Case No.: 3:10-cv-02416-CRB
JOINT STIPULATION AND [PROPOSED] ORDER
CONCERNING CHANGES TO BRIEFING
SCHEDULE AND PAGE LIMIT FOR PLAINTIFFS’
REPLY IN SUPPORT OF AMENDED MOTION FOR
CLASS CERTIFICATION AND CONCERNING
BRIEFING SCHEDULE AND HEARING DATE FOR
DEFENDANT’S DAUBERT MOTION
Judge Assigned: Honorable Charles R. Breyer
First Amended Complaint Filed: 11/5/2010

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-1Stipulation & [Proposed] Order
Case No.: 3:10-cv-02416-CRB

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Pursuant to Civil L. R. 7-12, Plaintiffs CHARLES P. HAGGARTY and GINA M. HAGGARTY,

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and Defendant WELLS FARGO BANK, N.A., having met and conferred through their counsel of

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record, submit this Joint Stipulation and Proposed Order Concerning Changes to Briefing Schedule and

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Page Limit for Plaintiffs’ Reply in Support of Amended Motion for Class Certification and Concerning

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Briefing Schedule and Hearing Date for any Daubert Motion to be filed by Defendant in relation to class

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certification.

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RECITAL
WHEREAS, the following dates are currently scheduled in this matter:

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1. Trial Date December 3, 2012
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2. Pre-Trial Conference November 27, 2012
3. Hearing on Motion for Class Certification September 28, 2012
4. Fact Discovery Cutoff: August 22, 2012

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6. Initial Expert Disclosures: September 14, 2012

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7. Rebuttal Expert Disclosures: September 28, 2012

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8. Expert Discovery Cutoff: October 12, 2012

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WHEREAS, Plaintiffs were allowed 30 pages for their Amended Motion for Class Certification
and used 21 pages;
WHEREAS, Defendant filed an expert declaration from Dr. Robert Edelstein in connection with

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its opposition to Plaintiffs’ motion for class certification. Defendant has agreed to make Dr. Edelstein

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available for deposition, but could not arrange the deposition within the current schedule;

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WHEREAS, fact discovery closes on August 22, 2012, depositions of several Defendant

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employees are scheduled between the scheduled reply date and August 22, 2012, and Plaintiffs contend

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that these witnesses may provide certain information relevant to their reply;

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WHEREAS, the parties are currently engaged in discovery and have agreed that it is in the
parties’ best interests and the interests of judicial economy to extend the briefing schedule deadline and
page limit for Plaintiffs’ Reply in Support of Amended Motion for Class Certification and to establish

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-2Stipulation & [Proposed] Order
Case No.: 3:10-cv-02416-CRB

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the briefing schedule and hearing date for Defendant’s anticipated Daubert Motion relating to class

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certification in this matter.

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STIPULATION

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THEREFORE, the Parties stipulate and propose the following dates, deadlines and page limits
regarding Plaintiffs’ Reply in Support of Amended Motion for Class Certification and Daubert Motion
to be filed by Defendant. The Parties do not believe this modification of the existing schedule will result
in the need to change any of the existing hearing dates, including the motion for class certification and
the trial date.

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A. Parties’ Proposed Changes To Briefing Schedule for Amended Motion for Class
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Certification

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Present Date

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1. Plaintiffs’ Reply:

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Proposed Date

August 10, 2012

August 24, 2012

B. Parties’ Proposed Changes To Page Limit for Amended Motion for Class Certification

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Present Limit

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1. Plaintiffs’ Reply:

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Proposed Limit

15 Pages

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C. The Parties stipulate and propose the following briefing schedule and hearing date

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regarding Daubert Motion to be filed by Defendant

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1. Hearing on Daubert Motion:

September 28, 2012 at 10:00 am

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a. Defendant’s Daubert Motion

August 24, 2012

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b. Plaintiffs’ Opposition

September 7, 2012

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c. Defendant’s Reply

September 14, 2012

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//

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//

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//
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-3Stipulation & [Proposed] Order
Case No.: 3:10-cv-02416-CRB

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Respectfully submitted,

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Dated: August 10, 2012

McCUNE WRIGHT, LLP

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By: /s/ Richard D. McCune
Richard D. McCune
Attorney for Plaintiffs
Charles P. Haggarty and Gina M. Haggarty.

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Dated: August 10, 2012

REED SMITH, LLP

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By: /s/ Jack R. Nelson
Jack R. Nelson
Attorneys for Defendant
Wells Fargo Bank, N.A.

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[Plaintiffs’ counsel has been given
authorization by Defendant’s counsel to
affix the electronic signature of Jack Nelson]

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-4Stipulation & [Proposed] Order
Case No.: 3:10-cv-02416-CRB

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ERED

O ORD
IT IS S

R NIA

August 17, 2012
DATE: ___________________

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RT
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Honorable Charles R. Breyer r
eye
United States Charles R. Br
District Judge
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-5Stipulation & [Proposed] Order
Case No.: 3:10-cv-02416-CRB

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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