Cole v. Sierra Pacific Mortgage Company, Inc.

Filing 16

STIPULATION AND ORDER CONTINUING DEADLINES. Case Management Statement due by 8/14/2018. Initial Case Management Conference set for 8/24/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. Signed by Judge Joseph C. Spero on 5/10/2018. (tlhS, COURT STAFF) (Filed on 5/10/2018)

1 Scott M. Pearson (SBN 173880)
[e-mail]
2 Kay Fitz-Patrick (SBN 252977)
[e-mail]
3 BALLARD SPAHR LLP
2029 Century Park East, Suite 800
4 Los Angeles, CA 90067-2909
Telephone: [phone]
5 Facsimile: 424.204.4350
6 Attorneys for Defendant
SIERRA PACIFIC MORTGAGE
COMPANY, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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SAN FRANCISCO DIVISION

11 DEVIN COLE, on behalf of himself and all
others similarly situated,
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Plaintiff,
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v.
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SIERRA PACIFIC MORTGAGE COMPANY,
15 INC., and DOES 1 through 10, inclusive,
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Defendant.

Case No. 3:18-CV-01692-JCS
CLASS ACTION
JOINT STIPULATION FOR ORDER
CONTINUING DEADLINES BY SIXTY
DAYS; [PROPOSED] ORDER (L.R. 6-2)
The Honorable Joseph C. Spero
Complaint Filed: March 19, 2018
Trial Date: None Set

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DMWEST #17698604 v2

Case No. 3:18-CV-01692-JCS
JOINT STIPULATION FOR ORDER CONTINUING DEADLINES BY SIXTY DAYS; [PROPOSED] ORDER

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Pursuant to Northern District Local Rule 6-2, plaintiff Devin Cole (“Cole”) and defendant

2 Sierra Pacific Mortgage Company, Inc. (“SPMC”) hereby stipulate and respectfully request that
3 the Court grant sixty-day continuance of all currently scheduled deadlines, including deadline for
4 SPMC’s response to the Complaint. The parties declare in support of this request:
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WHEREAS, Cole filed the instant action on March 19, 2018;

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WHEREAS, SPMC must currently respond to the Complaint by May 11, 2018;

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WHEREAS, on March 20, 2018, the Court entered its Order Setting Initial Case

8 Management Conference and ADR deadlines (ECF 5) and setting the Initial Case Management
9 Conference for June 22, 2018;
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WHEREAS, the parties have agreed to engage in an informal exchange of information in

Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

11 an effort to settle this action early;
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WHEREAS, the parties jointly desire to avoid further expenditure of the Court’s resources

13 or their resources on this litigation given the significant possibility that the case will be voluntarily
14 dismissed without further burden on the Court;
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WHEREAS, there has only been one prior time modification in this case; and

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WHEREAS, in light of the above and in order to facilitate the settlement discussions, the

17 parties jointly stipulate to and respectfully request this Court grant an approximate sixty-day
18 continuance of all currently scheduled deadlines, including the response to the Complaint, and for
19 the dates to be set as follows:
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Deadline

New Deadline

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Response to Complaint

5/11/2018

7/10/2018

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Last Day to meet and confer re: initial disclosures, early
settlement, ADR process selection, and discovery plan

6/1/2018

7/31/2018

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Last Day to file ADR Certification signed by Parties and
Counsel

6/1/2018

7/31/2018

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Last Day file either Stipulation to ADR Process or Notice
of Need for ADR Phone Conference

6/1/2018

7/31/2018

Last day to file Rule 26(f) Report, complete initial
disclosures or state objection in Rule 26(f) Report and file
Case Management Statement per Standing Order re
Contents of Joint Case Management Statement

6/15/2018

8/14/2018

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DMWEST #17698604 v2

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Case No. 3:18-CV-01692-JCS
JOINT STIPULATION FOR ORDER CONTINUING DEADLINES BY SIXTY DAYS; [PROPOSED] ORDER

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Deadline
6/22/2018

Initial Case Management Conference (CMC) at 2:00 PM

New Deadline
8/24/2018

SO STIPULATED.

4 DATED: May 9, 2018

Respectfully submitted,

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BALLARD SPAHR LLP
Scott M. Pearson
Kay Fitz-Patrick

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By:

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Attorneys for Defendant
SIERRA PACIFIC MORTGAGE
COMPANY, INC

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DATED: May 9, 2018

LAW OFFICE OF DAVID W. MARTIN
David W. Martin

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

/s/ Kay Fitz-Patrick
Kay Fitz-Patrick

LESTER & ASSOCIATES
Patric A. Lester

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By:

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/s/ David W. Martin
David W. Martin

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Attorneys for Plaintiff
DEVIN COLE

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N.D. Cal. Rule 5-1(i)(3) ATTESTATION

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In compliance with Northern District Local Rule 5-1(i)(3), I, Kay Fitz-Patrick, hereby

19 attest that David W. Martin has concurred in this filing. /s/ Kay Fitz-Patrick
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[PROPOSED] ORDER

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23 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: May 10

, 2018
The Honorable Joseph C. Spero
Chief Magistrate Judge

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Case No. 3:18-CV-01692-JCS
JOINT STIPULATION FOR ORDER CONTINUING DEADLINES BY SIXTY DAYS; [PROPOSED] ORDER

CERTIFICATE OF SERVICE

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I hereby certify that on this 9th day of May, 2018, I electronically filed a true and correct
copy of the foregoing JOINT STIPULATION FOR ORDER CONTINUING DEADLINES
BY SIXTY DAYS; [PROPOSED] ORDER (L.R. 6-2) through the Court’s CM/ECF system,
which will send a notice of electronic filing to the following:

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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Law Offices of David W. Martin

Attorneys for Plaintiff

David Wayne Martin
Email: [e-mail]
Lester & Associates
Patric A. Lester
Email: [e-mail]

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/s/ Kay Fitz-Patrick
Kay Fitz-Patrick

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Case No. 3:18-CV-01692-JCS
CERTIFICATE OF SERVICE

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