Perryman v. Litton Loan Servicing, LP et al

Filing 216

STIPULATION AND ORDER re #215 STIPULATION WITH PROPOSED ORDER to extend deadline to file amended complaint to January 15, 2016 filed by Margo Perryman. Signed by Judge Jon S. Tigar on November 18, 2015. (wsn, COURT STAFF) (Filed on 11/18/2015)

1 Barry Himmelstein, SBN 157736
E-mail: [e-mail]
2 HIMMELSTEIN LAW NETWORK
2000 Powell St., Ste. 1605
3 Emeryville, CA 94608
Telephone: [phone]
4 Facsimile: [phone]
5 Sheri L. Kelly, SBN 226993
E-mail: [e-mail]
6 LAW OFFICE OF SHERI L. KELLY
31 E. Julian St.
7 San Jose, CA 95112
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Plaintiff Margo Perryman
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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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17 MARGO PERRYMAN individually, and for
other persons similarly situated,
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Plaintiff,
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vs.
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LITTON LOAN SERVICING, LP; OCWEN
21 LOAN SERVICING LLC; AMERICAN
SECURITY INSURANCE COMPANY;
22 AMERICAN MODERN HOME
INSURANCE COMPANY; ALTISOURCE
23 PORTFOLIO SOLUTIONS, S.A., BELTLINE
ROAD INSURANCE AGENCY, INC.; and
24 DOES 4-100,
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Case No.: 3:14-cv-02261-JST
STIPULATION TO EXTEND DEADLINE
FOR PLAINTIFF TO FILE AN
AMENDED COMPLAINT; [PROPOSED]
ORDER
Civil Local Rule 6-2

Defendants.

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STIPULATION TO MODIFY SCHEDULING ORDER, CASE NO. 14-cv-02261-JST

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Pursuant to Civil L.R. 6-1(b), 6-2, and 7-12, Plaintiff Margo Perryman (“Plaintiff”), and

2 Defendants Litton Loan Servicing, LP and American Modern Home Insurance Company
3 (“American Modern”), through their respective attorneys, stipulate as follows:
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WHEREAS, on August 19, 2015, this Court held a Case Management Conference and set

5 a deadline of November 19, 2015 for Plaintiff to file a Second Amended Complaint (Dkt. No.
6 212);
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WHEREAS, prior to amending her Complaint, Plaintiff contends she requires certain

8 documents and/or testimony from non-party Southwest Business Corporation (“SWBC”);
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WHEREAS, on October 9, Plaintiff served a subpoena to obtain documents and testimony

10 from SWBC;
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WHEREAS, as of the date of this stipulation, Plaintiff contends that SWBC has not

12 produced all documents and information responsive to the subpoena;
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WHEREAS, Defendant American Modern has also entered into a settlement in principle in

14 a parallel, partially overlapping class action pending in the Southern District of New York,
15 captioned Lyons v. Litton Loan Servicing LP, et al., S.D.N.Y. Case No. 13-cv-00513 (ALC)
16 (“Lyons”), whose terms will be finalized by December 12, 2015 and will become public shortly
17 thereafter;
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WHEREAS, this case is currently stayed against all Defendants other than Litton and

19 American Modern – American Security Insurance Company, Ocwen Loan Servicing, LLC,
20 Altisource Portfolio Solutions, S.A., and Beltline Road Insurance Agency, Inc., pending the
21 resolution of settlement proceedings in Lee v. Ocwen Loan Servicing, LLC, et al., S.D. Fla. Case
22 No. 14-cv-60649;
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WHEREAS, Plaintiff and Defendants Litton and American Modern stipulate and agree

24 that good cause exists to extend the deadline for Plaintiff to file the Second Amended Complaint
25 to January 15, 2016, to allow Plaintiff to complete discovery as to SWBC, and assess the impact
26 of American Modern’s settlement in the Lyons action on this case and Plaintiff’s potential
27 amendments to the operative Complaint.
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to
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STIPULATION TO MODIFY SCHEDULING ORDER, CASE NO. 14-cv-02261-JST

1 the Court’s approval, Plaintiff and Defendants Litton and American Modern agree to the
2 following:
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•

The deadline for Plaintiff to file and serve the Second Amended Complaint shall be
extended to January 15, 2016.

5 DATED: November 16, 2015

LAW OFFICE OF SHERI L. KELLY

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By: /s/ Sheri L. Kelly
Attorneys for Plaintiff
MARGO PERRYMAN

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9 DATED: November 16, 2015

HUNTON & WILLIAMS LLP

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By: /s/ Ryan Becker
Attorneys for Defendants
OCWEN LOAN SERVICING LLC and
LITTON LOAN SERVICING, LP

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14 DATED: November 16, 2015
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BAKER HOSTETLER
By: /s/ Rodger Eckelberry
Attorneys for Defendant
AMERICAN MODERN HOME
INSURANCE COMPANY

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FILER’S ATTESTATION

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I, Sheri L. Kelly, attest, pursuant to Civil L.R. 5-1(i)(3), that concurrence in the filing of

21 this document has been obtained from the other signatory to this document.
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DATED: November 16, 2015

LAW OFFICE OF SHERI L. KELLY
Sheri L. Kelly
By: /s/ Sheri L. Kelly
Sheri L. Kelly
Attorneys for Plaintiff
MARGO PERRYMAN

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STIPULATION TO MODIFY SCHEDULING ORDER, CASE NO. 14-cv-02261-JST

1 PURSUANT TO STIPULATION, IT IS SO ORDERED:

January 15, 2016.

6 DATED: November 18, 2015

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JON S. TIGAR
United States District iJudge
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The deadline for Plaintiff to file and serve the Second Amended Complaint shall be extended to

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STIPULATION TO MODIFY SCHEDULING ORDER, CASE NO. 14-cv-02261-JST