Phleger v. Countrywide Home Loans, Inc. et al

Filing 255

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Jury Trial set for 4/20/2009 08:30 AM. Pretrial Conference set for 4/14/2009 01:00 PM.. Signed by Judge ARMSTRONG on 11/18/08. (lrc, COURT STAFF) (Filed on 11/19/2008)

1 ROBERT R. MOORE (BAR NO. 113818) MICHAEL J. BETZ (BAR NO. 196228) 2 NICHOLAS A. SUBIAS (BAR NO. 228789) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 3 Three Embarcadero Center, 12th Floor 4 San Francisco, CA 94111-4074 Phone: [phone] Fax: [phone] E-Mail: [e-mail] [e-mail] 6 [e-mail] 7 Attorneys for Plaintiff and Counter-Defendant 8 Jean Phleger 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JEAN PHLEGER, an individual, Case No. C-07-01686 SBA (WDB)

vs.

Plaintiff and Counter-Defendant, JOINT STIPULATION AND ORDER CONTINUING THE TRIAL DATE AND CERTAIN RELATED DATES

COUNTRYWIDE HOME LOANS, INC. (dba 17 AMERICA'S WHOLESALE LENDER); COUNTRYWIDE BANK, N.A.; 18 RECONTRUST COMPANY, N.A.; FIRST NATIONAL MORTGAGE SOURCES, LLC; 19 GEORGE W. HANNAH II, an individual; and DOES 1 through 10, inclusive, 20 Defendants and Counter21 Plaintiffs. 22 23 AND RELATED CROSS-ACTIONS. 24 25 26 27 28
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Case No. C-07-01686 SBA (WDB) JOINT STIPULATION AND [PROPOSED] ORDER

1

WHEREAS plaintiff and counter-defendant Jean Phleger ("Plaintiff"); defendants and Countrywide Bank, F.S.B., fka

2 counter-plaintiffs Countrywide Home Loans, Inc. and

3 Countrywide Bank, N.A. (collectively, "Countrywide"); and third-party defendant Stewart Title of 4 California, Inc. ("Stewart Title") have engaged in discussions concerning the need to continue the 5 trial date. 6 WHEREAS defendants First National Mortgage Sources, LLC and George Hannah, II,

7 which are in the process of settling with Plaintiff, and not oppose continuing the trial and related 8 dates. 9 WHEREAS good cause exists for a continuance of trial because plaintiff's lead trial

10 counsel, Robert R. Moore, suffered serious health complications requiring emergency open-heart 11 surgery and rehabilitation. Because of the nature of the surgery, recuperation and rehabilitation 12 were slow and difficult, and that time, Mr. Moore could not directly participate in preparation of 13 this litigation for trial. Although Mr. Moore is making progress, at present he has not sufficiently 14 recovered to adequately represent the interests of his client at trial. His cardiologist has explained 15 to him that it is expected, given the nature of the surgery, that Mr. Moore's recovery is not yet 16 complete. As a result of Mr. Moore's condition, a number of his cases (trials) have been pushed to 17 the early portion of next year, further frustrating his ability to prepare for trial in this matter. 18 WHEREAS good cause exists for a continuance of trial because the parties have

19 experienced difficulty completing necessary fact witness and expert witness depositions. Many 20 deposition dates have ultimately proven unworkable, and third-party deponents have also required 21 depositions be cancelled or rescheduled. Rescheduling depositions, in turn, has proven difficult 22 because many of the depositions were to take, and have taken, place outside of California, 23 including in Jacksonville, Florida; Cherry Hill, New Jersey; New York, New York; Kansas City, 24 Missouri; and Fort Worth Texas. Locating former employees of defendants also proved difficult 25 and time consuming. Furthermore, expert discovery has also been delayed, with depositions 26 needing to be rescheduled. 27 WHEREAS good cause exists for a continuance of trial because at least one expert is

28 unavailable at the time trial is currently set for. Judi Souza is an important expert retained by
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Case No. C-07-01686 SBA (WDB) JOINT STIPULATION AND [PROPOSED] ORDER

1 Plaintiff to testify concerning the duties of escrow holders and standards and practices within that 2 industry. She has already submitted an expert report in this action and has been deposed. She is 3 currently unavailable for the period the case is currently set for trial. 4 WHEREAS good cause exists for a continuance of trial because defendant First National

5 Mortgage Sources, LLC, recently filed for bankruptcy, replaced its counsel, and commenced 6 serious settlement negotiations with Plaintiff, which after extensive work resulted in agreement to 7 a proposed settlement. On April 15, 2008, First National filed for bankruptcy in the United States 8 Bankruptcy Court for the District of Kansas, Case No. 08-20832, staying this action as to First 9 National. In June 2008, counsel for plaintiff and defendants First National's and Hannah's new 10 counsel commenced serious and extensive settlement negotiations, which continued until October 11 2008, when the parties signed a proposed settlement agreement, and defendant First National 12 obtained the bankruptcy court's approval and moved this Court for a determination of good faith 13 settlement. 14 WHEREAS all parties agree to continue the trial date and related dates to those set forth in

15 the chart below: 16 ACTIVITY CURRENT DATE 12/17/08 ­ 1/09/09 PROPOSED REVISED DATE 2/25/09 - 3/20/09

17 Mandatory Settlement 18 Conference1 19 Pretrial Preparation Due 20 Joint Pretrial Statement Due 21 Trial Brief Due 22 Proposed Findings of Fact Due 23 Witness List Due 24 Designation of Discovery 25 Excerpts Due 26 27 28
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1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09

3/24/09 3/24/09 3/24/09 3/24/09 3/24/09 3/24/09

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The parties have agreed to discuss the possibility of mediation with their respective clients, and will meet and confer on mediation in lieu of a Mandatory Settlement Conference if authority to mediate is given by their respective clients.
-2Case No. C-07-01686 SBA (WDB) JOINT STIPULATION AND [PROPOSED] ORDER

Allen Matkins Leck Gamble Mallory & Natsis LLP

750716.01/SF

1 Jury Instructions Due 2 Jury Vior Dire and Verdict 3 Forms Due 4 Exhibits Due 5 Motions in Limine and 6 Objections to Evidence 7 Responses to Motions in Limine or Objections to 8 Evidence Pretrial Conference 9 Trial 10 11 12

1/13/09 1/13/09

3/24/09 3/24/09

1/13/09 1/20/09

3/24/09 3/31/09

1/27/09 2/03/09 2/09/09

4/07/09 4/14/09 4/20/09

NOW THEREFORE, JEAN PHLEGER, COUNTRYWIDE, FIRST NATIONAL

13 MORTGAGE SOURCES, LLC, GEORGE HANNAH, II, AND STEWART TITLE HEREBY 14 STIPULATE AND AGREE AS FOLLOWS: 15 1. To continue the trial and related dates to those set forth in the chart above, or to

16 subsequent dates when the parties and the Court are available. The parties further agree, as is set 17 forth above, that good cause for such a continuance exists. 18 19 20 21 22 23 24 25 26 27 28
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Dated: November 14, 2008

ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: /s/ Michael J. Betz MICHAEL J. BETZ Attorneys for Plaintiff and Counter-Defendant Jean Phleger

Dated: November 14, 2008

MILLER STARR REGALIA By: /s/ Kenneth Styles KENNETH STYLES Attorneys for Defendant and Counter-Plaintiff Countrywide Home Loans, Inc. and Countrywide Bank, F.S.B., fka Countrywide Bank, N.A.
Case No. C-07-01686 SBA (WDB) JOINT STIPULATION AND [PROPOSED] ORDER

Allen Matkins Leck Gamble Mallory & Natsis LLP

750716.01/SF

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1 Dated: November 14, 2008 2 3 4 5 Dated: November 14, 2008 6 7 8 9 10

ALBORG VEILUVA & EPSTEIN LLP By: /s/ Daniel P. Beaver DANIEL P. BEAVER Attorneys for Third- Party Defendant Stewart Title of California, Inc.

LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ Patrik Johansson PATRIK JOHANSSON Attorneys for Defendants First National Mortgage Sources LLC, and George Hannah, II

11 Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Michael J. Betz hereby attests that concurrence in the filing of this document has been obtained. 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Dated: _11/18/08

By: HON. SAUNDRA BROWN ARMSTRONG United States District Judge

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Case No. C-07-01686 SBA (WDB) JOINT STIPULATION AND [PROPOSED] ORDER