York -v- Bank of America, et al

Filing 223

STIPULATION AND ORDER RE 222 to Extend Discovery Cut-Off. Signed by Judge Richard Seeborg on 10/20/17. (cl, COURT STAFF) (Filed on 10/23/2017)

1
2
3
4
5
6

Glenn H. Wechsler, State Bar No. 118456
Jeffrey S. Nelson, State Bar No. 149494
LAW OFFICES OF GLENN H. WECHSLER
1111 Civic Drive, Suite 210
Walnut Creek, California 94596
Telephone: [phone]
Attorney for Defendant
NATIONSTAR MORTGAGE LLC doing business as
CHAMPION MORTGAGE COMPANY,
erroneously sued as CHAMPION MORTGAGE COMPANY

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

WILLIE YORK,

12
13
14
15
16
17
18

Plaintiff,
vs.
BANK OF AMERICA, CHAMPION
MORTGAGE, et al.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 14-CV-02471 RS
Assigned to U.S. District Judge:
Judge Richard Seeborg
STIPULATION TO EXTEND
DISCOVERY CUT-OFF;
MEMORANDUM IN SUPPORT; AND
[PROPOSED] ORDER
Trial: March 19, 2018

19
20
21
22
23
24
25
26
27
28

Pursuant to Federal Rule of Civil Procedure 16(b)(4) and Northern District of California Civ.
L.R. 6.1(b) and 6.2, Plaintiffs WILLIE YORK and CAROLYN YORK MILES (“Plaintiffs”) and
Defendants NATIONSTAR MORTGAGE LLC doing business as CHAMPION MORTGAGE
COMPANY, erroneously sued as CHAMPION MORTGAGE; BANK OF AMERICA, N.A.;
REVERSE MORTGAGES OF CALIFORNIA, INC.; THOMAS PERKINS and SURETY BONDING
COMPANY OF AMERICA (collectively “Parties”) by their respective undersigned counsel respectfully
jointly stipulate and hereby request that the current discovery deadline of October 20, 2017, set forth in
the Case Management Scheduling Order of August 3, 2017 (Doc. 213), be extended to November 22,
Stipulation to Extend Discovery Cut-Off; Order thereon
Case No. 14-CV-02471 RS - PAGE 1 OF 3

1

2017, for good cause to permit the parties to continue focusing on settlement discussions and to avoid

2

incurring additional expenses associated with pending discovery while settlement discussions are

3

ongoing.

4

The requested extension of discovery-related deadlines will not affect any of the other dates set

5

in the case, including the trial date (3/19/18) and the hearing date (12/7/17) on the pending motions for

6

summary judgment. This is the parties’ third request for an extension of time in this matter regarding

7

the discovery deadline.

8
9
10

MEMORANDUM IN SUPPORT
I.

PROCEDURAL HISTORY

In its Case Management Scheduling Order of August 3, 2017 (“scheduling order”) (Doc. 213),

11

this Court confirmed an agreement among the parties to extend the discovery cut-off date to October 20,

12

2017, which remains the current cut-off date. Since the scheduling order was issued, the parties have

13

been engaged in still-ongoing settlement discussions, both directly with each other and with the

14

assistance of Tamara Lange, mediator. During such time, the parties have deferred expert witness

15

depositions and completing outstanding written discovery in an effort to avoid both the expense

16

necessarily involved in such discovery, and the obstacle to settlement presented by the incurring of such

17

expense.

18

The scheduling order anticipated and allowed for further extension of the discovery cut-off

19

[“Should [the parties] agree to any further extension of the cut-off, the parties are to file a stipulation

20

prior to that date”]. (Dkt 213 1:17-18)

21
22

The parties have agreed to an extension of the discovery cut-off to November 22, 2017, and
submit this joint stipulation requesting the Court to approve the extension.

23

II.

LEGAL STANDARD

24

Pursuant to Fed. R. Civ. P. 16(b)(4), a schedule may be modified for good cause and with the

25

judge’s consent. The primary measure of Rule 16’s ‘good cause’ standard is the moving party’s

26

diligence in attempting to meet the case management order’s requirements. Johnson v. Mammoth

27

Recreations, Inc., 975 F.2d 604, 609 (9th Cir. Sep. 14, 1992).

28
Stipulation to Extend Discovery Cut-Off; Order thereon
Case No. 14-CV-02471 RS - PAGE 2 OF 3

1

III.

ARGUMENT

2

Good cause exists to extend the discovery cut-off an additional thirty days (approximately).

3

Mindful of the Court’s admonition that this “is a case that should settle,” the parties have engaged in

4

extensive and still-ongoing settlement discussions, while attempting to limit litigation expenses by

5

deferring the taking of expert witness depositions and drafting of responses to outstanding written

6

discovery among the parties.

7

The discovery cut-off date should be extended to November 22, 2017, to allow the parties to

8

continue settlement talks and to attempt to limit litigation expenses that would be avoided entirely in the

9

event the parties reach an agreement to settle this matter.

10

The parties, therefore, stipulate and request the Court to extend the discovery cut-off to

11

November 22, 2017, to allow the parties to continue settlement talks and allow time for the taking of

12

expert witness depositions and completion of written discovery in the event that a settlement is not

13

reached.

14

Respectfully submitted,¶

15
16
17

LAW OFFICES OF ROBERT KANE
DATED: October 19, 2017

18
By: /s/ Robert F. Kane
ROBERT F. KANE
Attorneys for Plaintiffs WILLIE YORK and
CAROLYN YORK MILES

19
20
21
22
23
24
25
26
27

MCGUIREWOODS LLP
DATED: October 19, 2017
By: /s/Alison Lippa
ALISON V. LIPPA
Attorneys for Defendant BANK OF AMERICA,
N.A.

28
Stipulation to Extend Discovery Cut-Off; Order thereon
Case No. 14-CV-02471 RS - PAGE 3 OF 3

1

DATED: October 19, 2017

LAW OFFICES OF JOHN L. FALLAT

2
By: /s/ Timothy J. Tomlin
TIMOTHY J. TOMLIN
Attorneys for Defendant SURETY BONDING COMPANY
OF AMERICA.

3
4
5
6

DATED: October 19, 2017

7

DOYLE & FORTUNE
By: _____ /s/ David D. Doyle______________
David D. Doyle
Counsel for Defendants REVERSE MORTGAGES OF
CALIFORNIA, INC. and THOMAS PERKINS

8
9
10
11
12
13
14
15

DATED: October 19, 2017

LAW OFFICES OF GLENN H. WECHSLER
By: /s/ Jeffrey S. Nelson*
JEFFREY S. NELSON
Attorneys for Defendant NATIONSTAR MORTGAGE
LLC doing business as CHAMPION MORTGAGE
COMPANY, erroneously sued as CHAMPION
MORTGAGE

16
17
18

*I hereby attest that I have received authorization to provide any signatures indicated by a “conformed”
signature (/s/) within this e-filed document and that such authorizations are available for inspection upon
request.

19
20
21
22
23
24
25
26
27
28
Stipulation to Extend Discovery Cut-Off; Order thereon
Case No. 14-CV-02471 RS - PAGE 4 OF 3

ORDER

1
2
3

The Court, having considered the Parties’ stipulation to extend the discovery cut-off to
November 22, 2017, and good cause appearing,

4

IT IS HEREBY ORDERED:

5

The discovery completion deadline shall be extended from October 20, 2017, to

6

November 22, 2017.

7

All other dates scheduled in this case, including the trial date, shall remain as previously set.

8

.

9

20
Dated: October ______, 2017

10

______________________________
RICHARD SEEBORG
United States District Judge

11
12
13
14
15
16
17

G:\Glenn\DOCS\LOANSTAR\YORK\Pleadings\Joint Motion to Extend Disco Cutoffs V170412.docx

18
19
20
21
22
23
24
25
26
27
28
Stipulation to Extend Discovery Cut-Off; Order thereon
Case No. 14-CV-02471 RS - PAGE 5 OF 3