Gaudin v. Saxon Mortgage Services, Inc.

Filing 38

STIPULATION AND ORDER RE 37 CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEALINES AS MODIFIED BY THE COURT. Initial Case Management Conference set for 11/3/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/31/11. (cl, COURT STAFF) (Filed on 8/31/2011)

*E-Filed 8/31/11*

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JOHN B. SULLIVAN (State Bar No. 96742)
ERIK KEMP (State Bar No. 246196)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
JEFFREY Q. SMITH (not yet admitted pro hac vice)
LAILA ABOU-RAHME (Pro Hac Vice)
[e-mail]
JEANETTE V. TORTI (Pro Hac Vice)
[e-mail]
BINGHAM MCCUTCHEN LLP
399 Park Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SAXON MORTGAGE SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

CLASS ACTION
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Plaintiffs,
vs.

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Case No.: 3:11-cv-01663-RS

SAXON MORTGAGE SERVICES, INC.,
a Texas corporation,

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Defendant.

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STIPULATION AND (PROPOSED)
ORDER CONTINUING INITIAL
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES
AS MODIFIED BY THE COURT
Date:
September 8, 2011
Time:
10:00 a.m.
Department: Courtroom 3

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WHEREAS,

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1.

This action was filed on April 6, 2011.
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___________________________________________
Stipulation and Proposed (Order) Continuing Initial Case
Management Conf. and Related Deadlines, Case 3:11-cv-01663-RS

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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

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deadlines.

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3.

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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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4.

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for June 30, 2011.

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5.

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On May 20, 2011, Defendant filed a Motion to Dismiss with a hearing date set

The parties agreed to extend Plaintiff’s time to respond to the Motion to Dismiss

from June 9, 2011 to June 30, 2011.
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On June 1, 2011, the Court signed an Order granting the parties’ request for a

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continuance of the hearing date from June 30, 2011 to July 21, 2011, and continuing the Initial

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Case Management Conference from June 14, 2011 to August 25, 2011, with all associated

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deadlines continued accordingly.

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7.

The parties agreed to extend Defendant’s time to reply to Plaintiff’s Opposition

to the Motion to Dismiss from July 7, 2011 to July 14, 2011.
8.

On June 29, 2011, the Court signed an Order granting the parties’ request for a

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continuance of the hearing date from July 21, 2011 to July 28, 2011, and continuing the Initial

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Case Management Conference from August 25, 2011 to September 8, 2011, with all associated

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deadlines continued accordingly.

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9.

On August 10, 2011, the Clerk of Court issued a Notice vacating the motion

hearing scheduled for August 11, 2011.
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On August 22, 2011, the Court issued an Order Granting Defendant’s Motion to

Dismiss, With Leave to Amend (“Order”) within 20 days of the Order.
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Plaintiff intends to file an Amended Complaint by September 12, 2011, and

Defendant intends to file a Motion to Dismiss the Amended Complaint by September 26, 2011.
12.

The Initial Case Management Conference should be continued so that it occurs

after Defendant’s Motion to Dismiss the Amended Complaint has been heard and decided.

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2
___________________________________________
Stipulation and Proposed (Order) Continuing Initial Case
Management Conf. and Related Deadlines, Case 3:11-cv-01663-RS

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

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That the Initial Case Management Conference be continued from September 8,

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2011, until after Defendant’s Motion to Dismiss the Amended Complaint has been heard and

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decided, with all associated deadlines continued accordingly. TO NOVEMBER 3, 2011 AT 10:00 A.M.
THE PARTIES SHALL FILE A JOINT
STATEMENT ONE WEEK PRIOR TO THE
IT IS SO STIPULATED.
CONFERENCE.

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DATE: August 26, 2011

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By: /s/ Erik Kemp

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Attorneys for Defendant,
Saxon Mortgage Services, Inc.

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SEVERSON & WERSON
BINGHAM MCCUTCHEN LLP

DATE: August 26, 2011

JENKINS MULLIGAN & GABRIEL LLP
LAW OFFICE OF PETER FREDMAN
By: /s/ Peter Fredman

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Attorneys for Plaintiff,
Marie Gaudin, individually and on
behalf of others similarly situated

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Attestation: I, Erik Kemp, am the ECF user whose identification and password are

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being used to file this Stipulation. I hereby attest that Peter Fredman has concurred in the efiling of this document.

By:

/s/ Erik Kemp

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IT IS SO ORDERED.

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1.

November 3, 2011 AT
The Initial Case Management Conference is continued to _________________. 10:00 A.M.

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All associated deadlines are continued accordingly.

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8/31/11
Dated:_______________

________________________________
Hon. Richard Seeborg
United States District Court Judge

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___________________________________________
Stipulation and Proposed (Order) Continuing Initial Case
Management Conf. and Related Deadlines, Case 3:11-cv-01663-RS