Flagstar Bank, FSB v. The Loan Experts Corporation et al

Filing 155

Order by Magistrate Judge Donna M. Ryu granting 154 Stipulation to Extend Time to File Joint Discovery Letter.(dmrlc1, COURT STAFF) (Filed on 3/16/2012)

1
2
3
4

NANCY J. JOHNSON, CA STATE BAR NO. 111615
BERLINER COHEN
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113 2233
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]

5
6

ATTORNEYS FOR DEFENDANT AND CROSS DEFENDANT
STEWART TITLE OF CALIFORNIA, INC. ERRONEOUSLY
SUED HEREIN AS STEWART TITLE OF CALIFORNIA

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

FLAGSTAR BANK, FSB, a Federally
Chartered Savings Bank,

CASE NO. C10 3190 CRB (DMR)
STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME FOR STEWART TITLE
OF CALIFORNIA, INC AND CROSS
CLAIMANTS TO PROVIDE A JOINT
DISCOVERY LETTER; AND
DECLARATION [L.R. 6 2]

11
Plaintiff,
12
v.
13
14
15
16
17
18
19

THE LOAN EXPERTS CORPORATION,
d/b/a ALL AMERICAN FINANCE, a
California corporation, HORMOZ NAZARI,
an individual, ELIZABETH CORTEZ
PADILLA, an individual, 1350 ESCONDIDO
COASTAL, LLC, a California limited liability
company, WESTLAKE COASTAL, LLC, a
California limited liability company, VCH
SALINAS 1, LLC, a California limited
liability company, ALLSTAR APPRAISALS,
INC., a California Corporation, JAMES MAY,
an individual, STEWART TITLE OF
CALIFORNIA, a California corporation,,

20
Defendants.
21
AND RELATED CROSS ACTION.
22
23
24

Loan Experts Corporation dba All American Finance and Hormoz Nazari (“Cross Claimants”)

25

and Cross Defendant Stewart Title of California, Inc. (“Stewart Title”) through their respective

26

attorneys.

27

///

28
\CEP\1037694.1
031512 13139033

This Stipulation is made pursuant to Local Rule 6 2 by and between Cross Claimants The

///
CASE NO. C10 3190 CRB (DMR)
(DMR)

1

STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS
CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER

1

WHEREAS, on March 9, 2012, this Court denied Stewart Title’s Motion to Dismiss

2

Cross Claim without prejudice and issued its Notice of Reference and Order Re: Discovery

3

Procedures.

4
5
6
7

WHEREAS, On March 13, 2012, Stewart Title and Cross Claimants met and conferred
as ordered;
WHEREAS, Cross Claimants have produced documents, a Second Supplemental Initial
Disclosure, and intend to produce additional documents this week;

8

WHEREAS, Stewart Title has not had sufficient time to review the documents recently

9

produced and will not have sufficient time to review additional documents before the Court’s

10

Friday, March 16, 2012, deadline to file a joint letter regarding the discovery dispute;

11

WHEREAS, Stewart Title and Cross Claimants intend to continue to meet in good faith

12

in an attempt to resolve the pending death discovery dispute and need additional time to

13

complete the meet and confer process;

14

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through

15

their respective counsel of record, that the court should extend the period in which to file their

16

joint discovery letter with the Court to March 30, 2012.

17
18

IT IS SO STIPULATED.
DATED: MARCH 15, 2012

BERLINER COHEN

19
BY: /S/CHRISTIAN E. PICONE
NANCY J. JOHNSON
CHRISTIAN E. PICONE
ATTORNEYS FOR CROSS DEFENDANT STEWART
TITLE OF CALIFORNIA, INC.

20
21
22
23
DATED: MARCH 15, 2012

MORGAN, FRANICH, FREDKIN & MARSH

24
25

BY: /S/FREEDA Y. LUGO
MARK B. FREDKIN
FREEDA Y. LUGO
ATTORNEYS FOR CROSS CLAIMANTS THE LOAN
EXPERTS CORPORATION AND HORMOZ NAZARI

26
27
28
\CEP\1037694.1
031512 13139033

CASE NO. C10 3190 CRB (DMR)
(DMR)

2

STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS
CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER

1

DECLARATION OF CHRISTIAN E. PICONE

2

I, Christian E. Picone, declare:

3

1.

I am an attorney licensed to practice in the state of California, I am admitted to

4

practice before this honorable court, and I am an associate at the law firm of Berliner Cohen. I,

5

along with Nancy J. Johnson, represent Cross Defendant Stewart Title of California, Inc. in the

6

above referenced case.

7

2.

8

conferred.

9

3.

10

On March 13, 2012, Stewart Title and Cross Claimants, through counsel, met and

Cross Claimants recently produced documents and are in the process of producing

additional documents.
4.

11

Stewart Title has not had sufficient time in which to review the documents

12

recently received and will be unable to review additional documents before the Court’s deadline

13

to file a joint discovery letter.
5.

14
15

Additional time in which to file the joint discovery letter will allow the parties to

continue to meet and confer an attempt to resolve or narrow the discovery dispute.
6.

16

The Court has previously granted time modifications pursuant to stipulation

17

regarding Rule 12(b) motions, enlarging time to serve, filing answers, and setting the initial Case

18

Management Conference.
7.

19
20

discovery letter would not require the Court to modify the schedule for this case.
I declare under penalty of perjury under the laws of the United States that the foregoing is

21
22

The granting of the stipulation and request to extend the date for the filing of the

true and correct.
Executed this 15th day of March 2012.

23
24
25

/S/CHRISTIAN E. PICONE
CHRISTIAN E. PICONE

26
///
27
///
28
\CEP\1037694.1
031512 13139033

CASE NO. C10 3190 CRB (DMR)
(DMR)

3

STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS
CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER

1

ATTESTATION PURSUANT TO GEN. ORDER 45

2
3

I, Christian E. Picone, and the ECF user whose ID and password are being used to file

4

this STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF

5

CALIFORNIA, INC AND CROSS CLAIMANTS TO PROVIDE A JOINT DISCOVERY

6

LETTER; AND DECLARATION. In compliance with General Order 45, X.B., I hereby attest

7

that attorney Freeda Y. Lugo of the law firm of Morgan, Franich, Fredkin & Marsh, has

8

concurred in this filing.

9

BERLINER COHEN

10
/S/CHRISTIAN E. PICONE
CHRISTIAN E. PICONE
ATTORNEYS FOR CROSS DEFENDANT STEWART
TITLE OF CALIFORNIA, INC.

11
12
13
14

///

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28
\CEP\1037694.1
031512 13139033

CASE NO. C10 3190 CRB (DMR)
(DMR)

4

STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS
CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER

1
2

ORDER PURSUANT TO STIPULATION
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:

3

That the Court vacates its previously ordered deadline of Friday, March 16, 2012 for the

4

filing of the ordered joint discovery letter. Stewart Title and Cross Claimants shall file a joint

5

discovery letter no later than Friday, March 30, 2012. All other provisions of the Court’s Notice

6

of a Referenced and Order dated March 9, 2012, remain in effect.

7

S
March 16, 2012

10

DERED
O ORRYU
HONORABLET IS S M.
I DONNA

R NIA

DATED:

UNIT
ED

UNITED STATES MAGISTRATE JUDGE

ER

H

13
14

FO

onn
Judge D

LI

RT

12

u

a M. Ry

NO

11

A

9

RT
U
O

8

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28
\CEP\1037694.1
031512 13139033

CASE NO. C10 3190 CRB (DMR)
(DMR)

5

STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS
CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER