Sowinski v. Wells Fargo Bank, N.A.

Filing 68

STIPULATION AND ORDER to Further Extend Deadline for Hearing Dispositive Motions and to Continue Trial. Jury Trial and Jury Selection set for 4/7/2014 09:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Motion Hearing s et for 3/7/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 4/4/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 1/16/2014. (tmi, COURT STAFF) (Filed on 1/16/2014)

1 Robert A. Bailey (#214688)
[e-mail]
2 ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
3 199 South Los Robles Avenue, Suite 600
Pasadena, California 91101-2459
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
6 WELLS FARGO BANK, N.A.

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RICHARD SOWINSKI,

Case No.: 3:11-cv-06431-SC

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[The Honorable Samuel Conti]

Plaintiff,
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vs.

STIPULATION AND PROPOSED ORDER
TO FURTHER EXTEND DEADLINE FOR
HEARING DISPOSITIVE MOTIONS AND
TO CONTINUE TRIAL [L.R. 6-2]

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WELLS FARGO BANK, N.A. AND
15 DOES 1-10,
Defendants.

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IT IS SO ORDERED AS MODIFIED

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THE PARTIES THROUGH THEIR UNDERSIGNED COUNSEL STIPULATE

22 PURSUANT TO LOCAL RULE 6-2 AS FOLLOWS
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Whereas, on July 26, 2013, this Court issued its case management order setting a

24 Discovery Cutoff date of January 10, 2013, the Last Day to Hear Dispositive Motions for
25 February 7, 2014 and trial for March 17, 2014.
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Whereas, defendant Wells Fargo Bank, N.A., (“Wells Fargo”) has propounded written

27 discovery and requests for production of documents on Plaintiff.
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Whereas, although Plaintiff has agreed to produce documents he has not yet done so.
93000/BR0123/00797366-1

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CASE NO.: 3:11-CV-06431-SC
STIPULATION AND ORDER TO CONTINUE
TRIAL AND DISPOSITIVE MOTION DATES

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Whereas, Wells Fargo properly noticed the depositions of Plaintiff and Mrs. Sowinski to

2 take place on December 10, 2013. However, on December 5, 2013 Plaintiff’s counsel advised
3 Wells Fargo that Plaintiff and Mrs. Sowinski were too ill to proceed with their depositions.
4 Plaintiff’s counsel also advised that he represents Mrs. Sowinski.
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Whereas, as a result of Plaintiff’s and Mrs. Sowinski’s failure to attend their deposition

6 and provide discovery, the Parties stipulated to continue the date by which Wells Fargo could

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

7 complete discovery as well as the deadline for hearing dispositive motions. On December 6,
8 2013 the Court entered an order extending Wells Fargo’s discovery cutoff to January 24, 2013
9 and the date by which dispositive motions must be heard to February 21, 2013. (Dkt #64).
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Whereas, Plaintiff’s counsel thereafter provided new dates on which he and his clients

11 would be available for deposition. Based on this information, Wells Fargo properly noticed the
12 depositions of Plaintiff and Mrs. Sowinski for January 14 and January 15, 2014, respectively.
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Whereas, on January 13, 2014, Plaintiff’s counsel emailed Wells Fargo’s counsel to

14 advise that Plaintiff’s and Mrs. Sowinski’s depositions could not go forward, this time due to
15 counsel’s illness.
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Whereas, Plaintiff’s continuing failure to provide documents and participate in a

17 deposition have impeded Wells Fargo’s ability to bring a Motion for Summary Judgment and
18 prepare for trial within the timeframe set by the Court’s July 26, 2013 scheduling order, as
19 modified by the Court’s December 6, 2013 Order.
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The declaration required by Local Rule 6-2(a) is attached.

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22 WHEREFORE, the parties stipulate as follows:
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Plaintiff and Mrs. Sowinski will appear for their depositions on January 24, 2013, and no

24 further extensions or continuances of the depositions will be made.
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The deadline by which dispositive motions must be heard may also be extended by

26 another 14 days to March 7, 2014.
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April 4, 2014
The pretrial conference may be rescheduled to March 28, 2014.

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Trial may be continued to April 7, 2014.
93000/BR0123/00797366-1

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CASE NO.: 3:11-CV-06431-SC
STIPULATION AND ORDER TO CONTINUE
TRIAL AND DISPOSITIVE MOTION DATES

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All other dates in the Court’s July 26, 2013 scheduling order will remain unaffected.

2 IT IS SO STIPULATED.
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Dated: January 15, 2013

ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

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By:

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Dated: January 15, 2013

GRAHAM & MARTIN
By:

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/s/ Michael Martin
Michael Martin
Attorneys for Plaintiff
RICHARD SOWINSKI

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S
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LI

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onti

amuel C

Judge S

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R NIA

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DIFIE

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D
Hon. Samuel Conti
RDERE
O OJudge D
United StatesS S
IT I District

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Dated: 01/16/2014

S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED

UNIT
ED

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NO

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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/s/ Robert A. Bailey
Robert A. Bailey
Attorneys for Defendant
WELLS FARGO BANK, N.A.

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F
D IS T IC T O
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93000/BR0123/00797366-1

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CASE NO.: 3:11-CV-06431-SC
STIPULATION AND ORDER TO CONTINUE
TRIAL AND DISPOSITIVE MOTION DATES