USA v. Home Loan Auditors et al

Filing 96

STIPULATION AND ORDER RE 95 Joint MOTION for Extension of Time to File and Motion to Continue Hearing as modified by the court. Signed by Judge Richard Seeborg on 1/31/17. (cl, COURT STAFF) (Filed on 1/31/2017)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO AND OAKLAND DIVISION
)
UNITED STATES OF AMERICA,
) Case No. 3:16-cv-04839-RS
)
Plaintiff,
) JOINT/STIPULATED MOTION TO
) ENLARGE TIME TO RESPOND TO
vs.
) MOTIONS TO DISMISS AND TO
) CONTINUE HEARING, AND [PROPOSED]
THE HOME LOAN AUDITORS, LLC, et al., ) ORDER ENLARGING TIME TO RESPOND
) TO MOTIONS TO DISMISS AND
Defendants.
) CONTINUING THE HEARING AS MODIFIED BY THE
COURT
Pursuant to Civil L.R. 6-2, the undersigned counsel for the Parties (“the Parties”),

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respectfully request that the Court enter an Order enlarging the deadlines to file responses and
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replies and the hearing in connection with two motions to dismiss filed by Defendants Luna and
Alcaraz (Dkt. Nos. 86, 91). The Parties stipulate and request that responses to the motions to
dismiss be filed on or before March 2, 2017, with Defendants’ replies, if any, due on March 15,
2017. The Parties also request that the hearing be continued to March 30, 2017, due to a conflict
of one of the Parties’ counsel on March 16 and a conflict of another counsel on March 23. As
required by Civil L.R. 6-2(a), the United States submits the attached Seventh Declaration of
Christopher Belen (“Belen Decl.”).
The Parties agree and stipulate as follows:
1. On January 17, 2017, Defendants Luna and Alcaraz moved to dismiss claims against
them by the United States, Defendant David Spieker, and Defendant Gutierrez. (Dkt. No. 86.)
Under the Local Rules, the responses to this motion to dismiss would be due on January 31,
2017. See Civil L.R. 7.3. On January 24, 2017, Defendants Luna and Alcaraz moved to dismiss
the Intervenor Plaintiffs’ claims. (Dkt. No. 91.) Under the Local Rules, the Intervenor
Plaintiffs’ response would be due on February 7, 2017. See Civil L.R. 7.3. Both motions to
dismiss have been noticed for hearing on March 16, 2017.
2. As set forth in the attached Declaration, for example, the United States needs additional
time to adequately respond to the arguments in Defendants’ motion. In light of the claims in the

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motions to dismiss, the Parties submit that it is prudent to have all responses to the motions due

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on the same date, and likewise for the replies. Moreover, the hearing date needs to be postponed

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due to a conflict affecting the individuals at the firm representing Defendants Luna and Alcaraz.
3. The Parties request that the deadline to respond to the motions to dismiss be enlarged and

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set for March 2, 2017. Defendants Luna and Alcaraz’s replies, if any, will be filed on or before

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March 15, 2017. The Parties also request that the hearing on the motions be continued and reset

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for March 30, 2017.
4. The Parties submit that this enlargement will not significantly affect the schedule for the

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case. Following the proposed schedule, the motions to dismiss will be fully briefed two weeks

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before the hearing on March 30, 2017. Nor do the Parties believe this enlargement will have any

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effect on the current deadlines for a case management statement (February 2, 2017) or the case

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management conference scheduled for February 9, 2017.
5. Parties to this case have previously requested two modifications of deadlines: the

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enlargement of time to serve process (Dkt. No. 43) and the continuance of the case management

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conference (Dkt. No. 53). In addition, Defendant Spieker submitted a Notice of Unavailability

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for the initial date for the Case Management Conference before the previously-assigned judge

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(Dkt. No. 26), which the Court rescheduled (Dkt. No. 29). The Court has slightly modified other

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dates and Defendant Gutierrez and Intervenor Plaintiffs re-noticed hearing dates for pending

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motions when this case was reassigned.
WHEREFORE the Parties request that the Court enter an Order setting a modified

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briefing schedule for the pending motions to dismiss and continuing the hearing on the motions

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as follows: responses due on or before March 2, 2017, replies by Defendants Luna and Alcaraz

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on or before March 15, 2017, and a hearing on March 30, 2017.

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//

//

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Dated: January 30, 2017.
T.E. WHEELER, II
Acting Assistant Attorney General
Civil Rights Division
SAMEENA SHINA MAJEED
Chief
/s/ Christopher D. Belen
R. TAMAR HAGLER, Deputy Chief (CA 189441)
VARDA HUSSAIN, Acting Special Litigation Counsel (VA 70132)
CHRISTOPHER D. BELEN (VA 78281)
ABIGAIL MARSHAK (NY Reg. No. 5350053)
JUNIS BALDON (KY 93045)
United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW - NWB
Washington, DC 20530
Phone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for the United States of America

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/s/ Armando S. Mendez
ARMANDO S. MENDEZ, SBN 203909
1231 8TH STREET #600
MODESTO, CA 95354
[phone]

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Attorney for Defendant Oralia Gutierrez

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/s/ David M. Spieker
DAVID M. SPIEKER SBN 215548
ATTORNEY AT LAW
744 MILBANK DRIVE
MODESTO, CA 95357
TELEPHONE [phone]
[e-mail]
Defendant in propria persona

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/s/ Rebecca M. Coll
JAMES A. QUADRA, State Bar No. 131084
REBECCA M. COLL, State Bar No. 184468
QUADRA & COLL, LLP
649 Mission Street, 5th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Raul Luna and Omar Alcaraz

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/s/ Joseph Jaramillo
JOSEPH JARAMILLO (SB# 178566)
[e-mail]
GINA DI GIUSTO (SB# 293252)
[e-mail]
HOUSING AND ECONOMIC RIGHTS
ADVOCATES
1814 Franklin Street, Ste. 1040
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Intervenor Plaintiffs Eberardo Perez, Roberto Hernandez, Magdalena Galindo,
DG, CH, and Housing and Economic Rights Advocates

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PURSUANT TO STIPULATION:
Parties shall file responses to Defendants Luna and Alcaraz’s motions to dismiss (Dkt.

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Nos. 86, 91) on or before March 2, 2017. Defendants Luna and Alcaraz shall file their replies, if

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any, on or before March 15, 2017. The hearing on these motions to dismiss is continued to
April 6,
March 30, 2017 at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: 1/31/17
Honorable Richard Seeborg
UNITED STATES DISTRICT JUDGE

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