Plascencia et al v. Lending 1st Mortgage et al

Filing 101

ORDER re 100 granting as modified STIPULATION Continuing Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction. Motion Hearing set for 1/8/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/14/08. (scc, COURT STAFF) (Filed on 11/14/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

David M. Arbogast - State Bar No. 167571 [e-mail] Jeffrey K. Berns - State Bar No. 131351 [e-mail] ARBOGAST & BERNS LLP 19510 Ventura Boulevard, Suite 200 Tarzana, California 91356 Phone: [phone]; Fax: [phone] [Additional counsel listed on signature page] Attorneys for Plaintiffs J. Thomas Aldrich - State Bar No. 216695 [e-mail] ERICKSEN ARBUTHNOT. 100 Howe Avenue, Suite 110 South Sacramento, CA 95825-8201 Phone: [phone] Attorneys for Defendant LENDING 1st MORTGAGE, LLC Regina J. McClendon - State Bar No. 184669 [e-mail] SEVERSON & WERSON One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Phone: [phone]; Facsimile: [phone] Attorneys for Defendant EMC MORTGAGE CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ARMANDO PLASCENCIA, and MELANIA PLASCENCIA, individually and on behalf of all others similarly situated, Plaintiffs, v. LENDING 1st MORTGAGE and LENDING 1st MORTGAGE, LLC, EMC MORTGAGE CORPORATION, and DOES 1 through 10 inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C-07-04485 - CW Judge: Hon. Claudia Wilken STIPULATION AND ORDER CONTINUING HEARING DATE FOR PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION AND PRELIMINARY INJUNCTION AS MODIFIED Complaint Filed: August 29, 2007 Trial Date: Not set yet

Stipulation and [Proposed] Order - C-O7-4485 - CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 13, 2008 IT IS SO STIPULATED:

STIPULATION WHEREAS, on July 3, 2008, this Court issued its Case Management Order which set the hearing date for Plaintiffs' Motion of Class Certification for January 8, 2009 at 2:00 p.m.; WHEREAS, on November 10, 2008, Plaintiffs filed their Class Certification Motion and Motion for Preliminary Injunction which, with proper notice under the local rules of this court, set the motion hearing for December 11, 2008; WHEREAS, Defendants EMC MORTGAGE CORPORATION, LENDING 1st MORTGAGE and LENDING 1st MORTGAGE, LLC ("Defendants") have requested that Plaintiffs' motions be continued from the noticed date to the date originally provided by this Court; WHEREAS, Plaintiffs have requested that if their class certification motion and motion for preliminary injunction are continued per Defendants' request, that the deadline for Defendants' Oppositions thereto be specifically set for December 15, 2008. WHEREAS, counsel have agreed, with the Court's permission, to reschedule the hearing date for Plaintiffs' Motion for Class Certification and Motion for Preliminary Injunction to January 8, 2009 and modify the briefing schedule as indicated herein. IT IS THEREFORE STIPULATED by and among Plaintiffs and Defendants that, should the Court's schedule permit, Plaintiffs' Motion for Class Certification and Motion for Preliminary Injunction shall be continued to January 8, 2009, at 2:00 p.m. and Defendants' Oppositions thereto be filed and served on or before December 15, 2008.

Respectfully submitted, ARMANDO PLASCENCIA and MELANIAPLASCENCIA By their attorneys, /s/ Jeffrey K. Berns Jeffrey K. Berns ARBOGAST & BERNS LLP 19510 Ventura Blvd., Suite 200
-2-

Stipulation and [Proposed] Order - C-O7-4485 - CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 13, 2008 DATED: November 13, 2008

Tarzana, CA 91356 Phone: [phone] Fax: [phone] KIESEL BOUCHER LARSON LLP Paul R. Kiesel (SBN 119854) Patrick De Blasé(SBN 167138) Michael C. Eyerly (SBN 178693) 8648 Wilshire Blvd. Beverly Hills, CA 90211 Phone: [phone] Fax: [phone] SEEGER WEISS LLP Jonathan Shub (SBN 237708) 1515 Market Street, Suite 1380 Philadelphia, PA 19102 Phone: [phone] Fax: [phone] Attorneys for Plaintiffs LENDING 1st MORTGAGE, LLC. By its attorneys, /s/ Thomas Aldrich J. Thomas Aldrich ERICKSEN, ARBUTHNOT, KILDUFF, DAY & LINDSTROM, INC. 100 Howe Avenue, Suite 110 South Sacramento, CA 95825-8201 Phone: [phone] EMC MORTGAGE CORPORATION By its attorneys, /s/ Regina McClendon Regina J. McClendon SEVERSON & WERSON One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Phone: [phone]; Facsimile: [phone] Attorneys for Defendants

-3-

Stipulation and [Proposed] Order - C-O7-4485 - CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED 11/14 Dated: ________________, 2008 that: 1.

ORDER Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED

Plaintiffs' Motion for Class Certification and Motion for Preliminary Injunction, which

are both currently set for December 11, 2008, are continued to January 8, 2009 at 2:00 p.m. 2. Defendants EMC MORTGAGE CORPORATION, LENDING 1st MORTGAGE and

LENDING 1st MORTGAGE, LLC Opposition(s) to Plaintiffs' Motion for Class Certification and Motion for Preliminary Injunction shall be filed and served on or before December 15, 2008. Any reply shall be filed by December 22, 2008.

________________________ Hon. Claudia Wilken United States District Court Judge

-4-

Stipulation and [Proposed] Order - C-O7-4485 - CW