Stromberg v. OCWEN Loan Servicing, LLC et al

Filing 220

STIPULATION AND ORDER re 219 STIPULATION WITH PROPOSED ORDER Stipulation and Proposed Order re Modification of Deadline for Class Certification Motion and Briefing Schedule filed by Bonnie Lynne Stromberg. Signed by Judge Jon S. Tigar on May 8, 2018. (wsn, COURT STAFF) (Filed on 5/8/2018)

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TODD M. SCHNEIDER (BAR NO. 158253)
MARK T. JOHNSON (BAR NO. 76904)
KYLE G. BATES (BAR NO. 299114)
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: [phone]
Facsimile: 415-421-7105
E-mail: [e-mail]
E-mail: [e-mail]
Counsel for Plaintiff Bonnie Stromberg
(additional counsel listed on signature page)

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SEVERSON & WERSON, P.C.
MICHAEL J. STEINER (SBN 112079)
[e-mail]
JOSEPH W. GUZZETTA (SBN 233560)
[e-mail]
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant
OCWEN LOAN SERVICING, LLC AND
CITIZENS BANK

MORGAN LEWIS AND BOCKIUS, LLP
LUCY WANG (SBN 257771)
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone:
415.442.1000
Facsimile:
415.442.1001

Counsel for Defendant MORGAN STANLEY
PRIVATE BANK, N.A.
(additional counsel listed on signature page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BONNIE LYNNE STROMBERG, on behalf of
herself and all others similarly situated,

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STIPULATION AND PROPOSED ORDER RE
MODIFICATION OF DEADLINE FOR
CLASS CERTIFICATION MOTION AND
BRIEFING SCHEDULE

Plaintiff,

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CASE NO. 3:15-CV-04719-JST

v.
OCWEN LOAN SERVICING, LLC, MORGAN
STANLEY PRIVATE BANK, N.A., RBS
CITIZENS, N.A., DOE DEFENDANTS 1-50,
Defendants.

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STIPULATION AND PROPOSED ORDER RE CERTIFICATION MOTION

CASE NO. 3:15-CV-04719-JST

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Plaintiff Bonnie Lynne Stromberg hereby submits this Stipulation and request for an Order

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modifying the current case schedule by vacating the current deadline of May 16, 2018 by which

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Plaintiff is required to file her motion for class certification and the accompanying briefing schedule

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set forth in the Court’s Order of July 26, 2017 (ECF 120), and setting a new deadline and briefing

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schedule for the class certification motion that is tied to the date on which the Court issues an Order

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on the pending summary judgment motion filed by Defendant Ocwen Loan Servicing, Inc. (“Ocwen”).

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In support of this request, Plaintiff states, and the parties stipulate, as follows:

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WHEREAS, the current Scheduling Order requires that Plaintiff file her class certification
motion by May 16, 2028, with oppositions to the motion due by June 18, 2018 and replies by July 16,
2018;

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WHEREAS, it was anticipated at the time the current Scheduling Order was entered that early

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motions for summary judgment would be resolved before the deadline for filing the class certification

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motion;

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WHEREAS, the briefing schedule and the resolution of the pending summary judgment motion

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filed by Ocwen has been delayed by Plaintiff’s request for additional discovery and the Court’s Order

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granting Plaintiff’s motion pursuant to Fed. R. Civ. P. 56(d);

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WHEREAS, Plaintiff and Ocwen believe that efficient management of the case would be

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served by resolution of Ocwen’s summary judgment motion prior to class certification briefing; and

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Plaintiff believes that certain discovery is relevant to the class certification motion, and that discovery

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will not be available to Plaintiff on a motion to compel until after a ruling on Ocwen’s motion for

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summary judgment; and

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WHEREAS, Plaintiff, Ocwen, and Citizens Bank, N.A. desire and consent to having the

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deadline for filing the class certification motion moved to the date that is 30 days after the date on

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which this Court enters an order on Ocwen’s motion for summary judgment, with Defendants’

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oppositions due thirty days after the filing of the motion and Plaintiff’s reply due thirty (30) days after

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the opposition;

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WHEREAS, Defendant Morgan Stanley Private Bank, N.A. has agreed not to oppose this
request;
STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION

CASE NO. 5:15-CV-04719-JST

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THEREFORE, IT IS HEREBY STIPULATED, subject to this Court’s approval, as follows:

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The Scheduling Order of July 26, 2017, ECF 120, is hereby vacated with respect to the due date for

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the class certification motion and the opposition and reply briefs on that motion;

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1.

Plaintiff’s deadline for filing a motion for class certification is thirty (30) days after the

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Court issues an order ruling on the merits of Ocwen’s pending Motion for Summary Judgment (ECF

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167).

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2.

Oppositions to the motion are due thirty (30) days after the motion is filed and replies

thirty (30) days thereafter.

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3.

All other aspects of the Court’s Scheduling Order entered on July 26, 2017 remain in

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effect.

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SO STIPULATED

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Dated: May 7, 2018

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SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
By:

/s/ Mark T. Johnson
Todd M. Schneider (Bar No. 158253)
Mark T. Johnson (Bar No. 76904)
Kyle G. Bates (Bar No. 299114)
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: [phone]
Facsimile: 415-421-7105
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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Counsel for Plaintiff Bonnie Lynne Stromberg

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SEVERSON & WERSON, P.C.
By:

/s/ Michael J. Steiner
Michael J. Steiner (SBN 112079)
Joseph W. Guzzetta (SBN 233560)
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]

STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION

CASE NO. 5:15-CV-04719-JST

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Counsel for Defendants
Ocwen Loan Servicing, LLC and
Citizens Bank (sued herein as RBS Citizens, N.A.)

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MORGAN LEWIS AND BOCKIUS, LLP

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By:

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/s/ Patrick A. Harvey
Jason R. Scherr (admitted pro hac vice)
Patrick A. Harvey (admitted pro hac vice)
1111 Pennsylvania Ave., NW
Washington, DC 20004
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

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Counsel for Defendant
Morgan Stanley Private Bank, N.A.

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PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: May ___, 2018
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____________________________

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Jon S. Tigar
United States District Judge

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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION

CASE NO. 5:15-CV-04719-JST

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ATTESTATION

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I, Mark Johnson, am the CM/ECF user whose ID and password are being used to file this
JOINT CASE MANAGEMENT CONFERENCE STATEMENT. I hereby attest that all above-named
Plaintiff’s counsel and Defendant’s counsel have concurred in this filing.

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Dated: May 8, 2018

SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP

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By:

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/s/ Mark T. Johnson
Mark T. Johnson
Counsel for Plaintiff Bonnie Lynn Stromberg

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CERTIFICATE OF SERVICE

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I hereby certify that on May 8, 2018, I electronically filed the foregoing document with the
Clerk of the Court using the Court's CM/ECF system, which will send a notice of electronic filing to
all CM/ECF participants.

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/s/ Mark T. Johnson
Mark T. Johnson
Counsel for Plaintiff Bonnie Lynn Stromberg

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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION

CASE NO. 5:15-CV-04719-JST

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