Barrionuevo et al v. Chase Bank, N.A. et al

Filing 60

STIPULATION AND ORDER re 58 Case Management Scheduling Order,,, filed by California Reconveyance Corporation, JP Morgan Chase Bank, N.A. as acquirer of certain assets from Washington Mutual Bank, FA Dispositive Motion Hearing reset for 6/27/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 419/13. (bpf, COURT STAFF) (Filed on 4/19/2013)

1 BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178264
2 Bahareh Mostajelean, California Bar No. 258903
John C. Hedger, California Bar No. 230814
3 560 Mission Street, 25th Floor
San Francisco, CA 94105
[phone]
4 Telephone:
Facsimile:
[phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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7 Attorneys for Defendants
JPMORGAN CHASE BANK, N.A (as acquirer of certain assets from WASHINGTON MUTUAL
8 BANK, FA); and CALIFORNIA RECONVEYANCE CO.
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Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

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IN THE UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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14 JOSE BARRIONUEVO AND FLOR
BARRIONEUVO individuals,
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Plaintiffs,
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vs.
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CHASE BANK, N.A. Successor In Interest to
18 WASHINGTON MUTUAL BANK, FA,
LASALLE BANK NATIONAL ASSOCIATION
19 as Trustee for WMALT SERIES 2006-AR4 Trust;
CALIFORNIA RECONVEYANCE
20 CORPORATION; MORTGAGE
ELECTRONIC REGISTRATION SYSTEM, aka
21 “MERS” and DOES 1 THROUGH 100,
INCLUSIVE
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Defendants.
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Case No.: 3:12-CV-0572 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
SCHEDULING ORDER

Complaint Filed:
12/06/2011
First Amended Complaint Filed: 4/19/2012
Trial Date:
8/26/13

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING ORDER – CASE NO. 3:12-CV-572 EMC

Plaintiffs Jose and Flor Barrionuevo (“Plaintiffs”) and defendant JPMorgan Chase Bank,

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2 N.A., for itself and as an acquirer of certain assets and liabilities of Washington Mutual from the
3 Federal Deposit Insurance Corporation, as receiver for Washington Mutual Bank (“Defendant”),
4 by and through their counsels of record, hereby submit this Joint Stipulation and Proposed Order
5 regarding the scheduling order.
JOINT STIPULATION

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Whereas, on November 5, 2012, the court set a trial date of August 26, 2012 and ordered a

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8 schedule concurrent with that date;
Whereas, the scheduling order requires all dispositive motions to be heard no later than

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Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

10 June 6, 2013;
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Whereas, such motions must consequently be filed no later than May 2, 2013;

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Whereas, the deadline to conduct expert discovery is April 26, 2013;

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Whereas, the parties agreed to have Defendant take the deposition of Plaintiffs’ expert on

14 April 26, 2013;
Whereas, Plaintiffs’ counsel is having cataract surgery on April 23, 2013 and has been

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16 advised by his doctor that he cannot fly on April 26, 2013 and most likely not until May 5, 2013;
Whereas, the parties are agreed that Defendant should be allowed to depose Plaintiffs’ expert

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18 and file a Rule 56 motion thereafter;
Whereas, the parties are agreed that, given current circumstances, there is insufficient time

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20 for Defendant to do so;
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING ORDER – CASE NO. 3:12-CV-572 EMC

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IT IS THEREFORE STIPULATED BETWEEN THE PARTIES that they recommend that

2 the court’s order of November 5, 2012 be amended and a new order be issued setting a deadline of
3 June 27, 2013 for the hearing of dispositive motions (which requires such a motion to be filed no later
4 than May 30, 2013).
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6 Dated: April 17, 2013

Respectfully submitted,

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Michael Yesk, Attorney at Law

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By: /s/ Michael Yesk
Michael Yesk
Attorney for Plaintiffs

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Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

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12 Dated: April 17, 2013

Respectfully submitted,

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BRYAN CAVE LLP

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By: /s/ John C. Hedger
John C. Hedger
Attorneys for Defendants
JPMORGAN CHASE BANK, N.A., for itself and as
an acquirer of certain assets and liabilities of
Washington Mutual from the Federal Deposit
Insurance Corporation, as receiver for Washington
Mutual Bank

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, John C. Hedger, attest that concurrence in the filing of this document has been obtained

23 from each of the signatories. I declare under penalty of perjury under the laws of the United States of
24 America that the foregoing is true and correct. Executed on April 17, 2013, at San Francisco,
25 California.
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______/S/_John C. Hedger_____________
John C. Hedger
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING ORDER – CASE NO. 3:12-CV-572 EMC

[PROPOSED] ORDER REGARDING SCHEDULING ORDER

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Having reviewed the stipulation of the parties and the status of the pleadings, the

3 recommendations of the stipulation are adopted as an order of the court as follows:
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1.

The scheduling order of November 5, 2012 is amended to allow the hearing of

5 dispositive motions no later than June 27, 2013.
IT IS SO ORDERED.

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Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

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UNIT
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____________________________________
Honorable Edward M. Chen
D
UNITED STATED DISTRICT COURT
RDERE
IS SO O OF CALIFORNIA
NORTHERN DISTRICT
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4/19
8 DATED: ______________, 2013

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING ORDER – CASE NO. 3:12-CV-572 EMC