Camberis v. Ocwen Financial Corporation

Filing 39

STIPULATION AND ORDER re 37 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 27 Stipulation and Order, 34 STIPULATION and Proposed Order selecting Private ADR by Ocwen Financial Corporation TO, [ 19] MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Motion to Dismiss Hearing set for 12/18/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Case Management Statement due by 12/11/2014. Initial Case Management Conference set for 12/18/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/14/14. (bpf, COURT STAFF) (Filed on 10/14/2014)

1 JEFF E. SCOTT (State Bar No. 126308)
[e-mail]
2 JENNIFER L. GRAY (State Bar No. 287855)
[e-mail]
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GREENBERG TRAURIG LLP
4 1840 Century Park East
Los Angeles, CA 90067
5 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Defendant
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Ocwen Financial Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GEORGE CAMBERIS and CLAUDIA
12 CAMBERIS, individually, and on behalf
of the class of all others similarly situated,
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Plaintiff,
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vs.
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OCWEN FINANCIAL CORPORATION,
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Defendant.

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Case No. 3:14-CV-02970-EMC
STIPULATION AND [PROPOSED] ORDER
TO STAY ACTION PENDING MEDIATION

Judge:

Hon. Edward M. Chen

Action Filed: June 26, 2014

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION
LA 131664204v1

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WHEREAS, defendant Ocwen Financial Corporation filed a Motion to Dismiss Plaintiffs’

2 Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (the “Motion”) on August 27, 2014 [Dkt 19], and the
3 Motion is now fully briefed and set for a hearing before the Court on October 21, 2014, at 2:00 p.m.;
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WHEREAS the initial Case Management Conference also is set for October 21, 2014, at 2:00

5 p.m [Dkt 27];
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WHEREAS, the parties voluntarily agreed to submit their dispute to Private ADR and filed a

7 Stipulation and [Proposed] Order Selecting ADR Process on October 7, 2014 [Dkt 34];
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WHEREAS, the parties have selected a private mediator and are in the process of clearing dates

9 for a mediation to take place within the next 30-60 days;
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WHEREAS, the parties desire to stay this action for 65 days to afford them an opportunity to

11 resolve this lawsuit before a hearing or decision on the Motion;
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WHEREAS, the parties agree that a successful mediation of this action would require that no

13 further activity occur in the case pending the mediation;
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The parties therefore respectfully request that the Court stay this action and reset the hearing on

15 the Motion and the Case Management Conference for some date on or after December 15, 2014. In
16 furtherance of this request, the parties state:
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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that:

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1. All proceedings before this Court in this action are stayed for sixty-five (65) days;

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2. If mediation concludes with no resolution of this action, then the hearing on the Motion and

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the Case Management Conference shall take place on or after December 15, 2014, at a time

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and date selected by the Court.

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION
LA 131664204v1

1 DATED: October 10, 2014

Respectfully Submitted,

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GREENBERG TRAURIG, LLP

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By:

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/s/ Jennifer L. Gray
Jeff E. Scott
Jennifer L. Gray
Attorneys for Defendant
Ocwen Financial Corporation

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MORRIS POLICH & PURDY LLP

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By:

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/s/ David J. Vendler
DAVID J. VENDLER (SBN 146528)
[e-mail]
MORRIS POLICH & PURDY LLP
1055 West Seventh Street, Suite 2400
Los Angeles, CA 90017
Telephone:
[phone]
Facsimile:
[phone]
MICHAEL R. BROWN APC

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By:

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/s/ Michael R. Brown
MICHAEL R. BROWN (SBN 65324)
[e-mail]
MICHAEL R. BROWN APC
18101 Von Karman Avenue, Suite 1900
Irvine, CA 92612
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs, GEORGE and CLAUDIA
CAMBERIS, and all others similarly situated

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION
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ATTESTATION CLAUSE

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I, Jennifer L. Gray, and the ECF user whose ID and password are being used to file this
Stipulation to Stay Action Pending Mediation, in compliance with Civil Local Rule 5-1, hereby attest
that Attorneys for Plaintiffs, David J. Vendler of Morris Polich & Purdy LLP and Michael R. Brown of
Michael R. Brown, APC concurred with this filing.

8 DATED: October 10, 2014
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GREENBERG TRAURIG, LLP
By:

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/s/ Jennifer L. Gray
Jennifer L. Gray

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, all proceedings in this matter are stayed for a period of sixty-

3 five (65) days. If mediation concludes with no resolution of this action, the hearing on the Motion to
December 18, 2014 at 1:30 p.m.
4 Dismiss and the Case Management Conference shall take place on or after December 15, 2014, at a time
5 and date selected by the Court. A joint CMC Statement shall be filed by December 11,
2014.
IT IS SO ORDERED.
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7 October ____, 2014
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Hon. Edward M. Chen
United States ORDERED Judge
District Court

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION
LA 131664204v1