Gaudin v. Saxon Mortgage Services, Inc.

Filing 16

STIPULATION AND ORDER RE 15 CONTINUING HEARING DATE ON MOTION TO DISMISS, INITIAL CASE MANAGEMENT CONFERENCE. Case Management Conference set for 8/25/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Motion Hearing set for 7/21/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg.. Signed by Judge Richard Seeborg on 6/1/11. (cl, COURT STAFF) (Filed on 6/1/2011)

*E-Filed 6/1/11*

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Daniel J. Mulligan (Cal. State Bar No. 103129)
JENKINS MULLIGAN & GABRIEL LLP
10085 Carroll Canyon Road, Suite 210
San Diego, CA 92131
Telephone: [phone]
Facsimile: 415-982-8515
Peter B. Fredman (Cal. State Bar No. 189097)
LAW OFFICE OF PETER FREDMAN
125 University Ave, Suite 102
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff MARIE GAUDIN,
for herself and persons similarly situated

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MARIE GAUDIN, individually, and on behalf )
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of others similarly situated,
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Plaintiff,
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v.
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SAXON MORTGAGE SERVICES, INC. a )
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Texas corporation,
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Defendant.
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_____________________________________ )
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Case No. CV 11-1663(RS)
CLASS ACTION
STIPULATION AND (PROPOSED)
ORDER CONTINUING HEARING DATE
ON MOTION TO DISMISS, INITIAL
CASE MANAGEMENT CONFERENCE,
AND RELATED DEADLINES
Current Date: June 30, 2011
Current Time: 1:30 p.m.

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___________________________________________
Stipulation and Order Continuing Hearing Date on Motion to Dismiss,
Initial Case Management Conference, and Related Deadlines

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WHEREAS,

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1.

This action was filed on April 6, 2011.

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2.

On May 3, 2011, this action was assigned to the Hon. Richard Seeborg, with an

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Initial Case Management Conference set for July 14, 2011, and related pre-conference deadlines.
3.

The parties agreed to extend Defendant’s time to respond to the complaint from

May 12, 2011 to May 20, 2011.
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On May 20, 2011, Defendant filed a motion to dismiss with a hearing date set for

June 30, 2011.

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5.

Plaintiff’s counsel have conflicts with the hearing date and resulting briefing

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schedule, and have requested a three week continuance of the hearing date and briefing schedule.
6.

Defendant has agreed to a continuance of the hearing date, and to extend

Plaintiff’s time to respond to Defendant’s motion to dismiss from June 9, 2011 to June 30, 2011.
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The Initial Case Management Conference should be continued as well so that it

occurs after the hearing on the Motion to Dismiss.

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THEREFORE, the parties hereby stipulate and jointly request an order as follows:

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1.

That the hearing on the Motion To Dismiss be continued for three weeks, from

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June 30, 2011 to July 21, 2011 (or thereafter according to the Court’s calendar), with the briefing

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schedule for the Motion To Dismiss to be based on the new hearing date.

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That the Initial Case Management Conference be continued for two weeks, from
August 25, 2011
June 14, 2011 to July 28, 2011 (or thereafter according to the Court’s calendar), with all

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associated deadlines continued accordingly.

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2.

IT IS SO STIPULATED

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DATE: June 1, 2011

JENKINS MULLIGAN & GABRIEL LLP
LAW OFFICE OF PETER FREDMAN

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By: /s/ Peter Fredman
PETER FREDMAN,
Attorneys for Plaintiff,
MARIE GAUDIN
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___________________________________________
Stipulation and Order Continuing Hearing Date on Motion to Dismiss,
Initial Case Management Conference, and Related Deadlines

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DATE: June 1, 2011

SEVERSON & WERSON
BINGHAM MCCUTCHEN LLP

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By: /s/ Regina J. McClendon

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Attorneys for Defendant,
SAXON MORTGAGE SERVICES,
INC.

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IT IS SO ORDERED

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1.

July 21, 2011 at 1:30 p.m.
The hearing on the Motion to Dismiss is continued to ______________________

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2.

August 25, 2011 at 10:00
The Initial Case Management Conference is continued to ___________________ a.m.

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3.

All associated deadlines are continued accordingly.

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6/1/11
Dated:_______________

________________________________
Hon. Richard Seeborg
United States District Court Judge

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___________________________________________
Stipulation and Order Continuing Hearing Date on Motion to Dismiss,
Initial Case Management Conference, and Related Deadlines