Gaudin v. Saxon Mortgage Services, Inc.

Filing 115

STIPULATION AND ORDER re 114 STIPULATION WITH PROPOSED ORDER TO CONTINUE DEADLINE TO MAIL CLASS NOTICE filed by Saxon Mortgage Services, Inc. Signed by Judge Jon S. Tigar on January 10, 2014. (wsn, COURT STAFF) (Filed on 1/10/2014)

1 JOHN B. SULLIVAN (State Bar No. 96742)
[e-mail]
2 ERIK KEMP (State Bar No. 246196)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
6
JEFFREY Q. SMITH (Pro Hac Vice pending)
7 [e-mail]
LAILA ABOUT-RAHME (Pro Hac Vice)
8 [e-mail]
BINGHAM McCUTCHEN LLP
9 399 Park Avenue
New York, NY 10022
10 Telephone: [phone]
Facsimile: [phone]
11
Attorneys for Defendant SAXON MORTGAGE
12 SERVICES, INC.
13
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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MARIE GAUDIN, individually, and on behalf
17 of others similarly situated,

Case No. 3:11-cv-01663 JST
CLASS ACTION

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Plaintiff,
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINE TO
MAIL CLASS NOTICE

vs.

20 SAXON MORTGAGE SERVICES, INC., a
Texas corporation,
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Defendant.
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Complaint filed: 04/26/2011

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Plaintiff Marie Gaudin, on the one hand, and defendant Saxon Mortgage Services, Inc., on

25 the other hand, hereby stipulate and request an order continuing the deadline to mail class notice in
26 the above-entitled action. The stipulation is based on the following facts:
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1.

On August 5, 2013, this Court entered an order granting Gaudin’s motion for class

28 certification. See Dkt. no. 102.
12015.0008/3049129.1

3:11-cv-01663 JST
Stipulation and [Proposed] Order to Continue Deadline to Mail Class Notice

1

2.

On November 18, 2013, this Court entered an order adopting the parties’

2 stipulation regarding the class notice plan, which sets January 10, 2014 as the tentative deadline
3 for completion of the initial notice mailing. See Dkt. nos. 109, 110.
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3.

The parties now wish to continue the deadline for the initial mailing of class notice

5 and jointly request that the Court enter an order so continuing the deadline.
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4.

The parties have not previously requested a continuance of the deadline for the

7 initial mailing of class notice.

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5.

This stipulation and proposed order will not alter any other deadline already fixed

9 by Court order except the deadline for class members to request exclusion, which is based on the
10 date class notice is ultimately mailed. See Dkt. no. 109.
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NOW, THEREFORE, the parties hereby stipulate that the Court vacate the January 10,

12 2014 deadline to mail class notice and continue the deadline to February 28, 2014.
13

IT IS SO STIPULATED.

14 DATED: January 9, 2014

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SEVERSON & WERSON
A Professional Corporation

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By:

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/s/ Erik Kemp
Erik Kemp

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Attorneys for Defendant SAXON MORTGAGE
SERVICES, INC.

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DATED: January 9, 2014

BINGHAM MCCUTCHEN LLP

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By:

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/s/ Laila Abou-Rahme
Laila Abou-Rahme

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Attorneys for Defendant SAXON MORTGAGE
SERVICES, INC.

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12015.0008/3049129.1

3:11-cv-01663 JST
2
Stipulation and [Proposed] Order to Continue Deadline to Mail Class Notice

1 DATED: January 9, 2014

LAW OFFICE OF PETER FREDMAN

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3

By:

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5

/s/ Peter Fredman
Peter Fredman

Attorneys for Plaintiff MARIE GAUDIN

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7 I, Erik Kemp, am the ECF user whose identification and password are being used to file this

8 Stipulation and Proposed Order to Continue Deadline to Mail Class Notice . I hereby attest that
9 Laila Abou-Rahme and Peter Fredman have concurred in this filing.
10 /s/ Erik Kemp
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12
13

ORDER
It is hereby ordered that the deadline to mail initial class notice of January 10, 2014 is

14 vacated and continued to February 28, 2014.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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17 DATED: January 10, 2014
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19
Hon. Jon S. Tigar
United States District Court Judge

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12015.0008/3049129.1

3:11-cv-01663 JST
3
Stipulation and [Proposed] Order to Continue Deadline to Mail Class Notice