Plascencia et al v. Lending 1st Mortgage et al

Filing 125

ORDER re 123 GRANTING STIPULATION to continue hearing date on the Class Certification and Preliminary Injunction Motions. Motion Hearing set for 3/5/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 12/23/08. (scc, COURT STAFF) (Filed on 12/23/2008)

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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] Attorneys for Plaintiffs LeAnn Pedersen Pope (Pro Hac Vice) Robert J. Emanuel (Pro Hac Vice) BURKE, WARREN, MCKAY & SERRITELLA, P.C 330 North Wabash Avenue, 22nd Floor Chicago, Illinois 60611 3607 Phone: [phone]; Fax: [phone] Attorneys for Defendant EMC MORTGAGE CORPORATION 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION 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. 4:07-cv-04485-CW Judge: Hon. Claudia Wilken STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION AND PRELIMINARY INJUNCTION

Complaint Filed: August 29, 2007 Trial Date: Not set yet

Stipulation and [Proposed] Order - 4:07-cv-04485-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: December 19, 2008 IT IS SO STIPULATED:

STIPULATION WHEREFORE, on November 10, 2008, Plaintiffs, ARMANDO PLASCENCIA, and MELANIA PLASCENCIA, filed their Motion for Class Certification and Motion for Preliminary Injunction which are currently set to be heard on January 22, 2009; WHEREFORE, Plaintiffs and Defendant EMC Mortgage Corp. ("Defendant") have agreed to hold an informal settlement conference to discuss a resolution of this and other cases on January 21, 2009; WHEREFORE, in order to allow the parties to have meaningful settlement discussions, Defendant EMC has agreed that it will use its best efforts to provide Plaintiffs with pertinent information about the proposed Classes before the January 21, 2009 informal settlement conference; and WHEREFORE, Plaintiffs and Defendants have agreed, with the Court's permission, to reschedule the hearing date for Plaintiffs' Motion for Class Certification and Motion for Preliminary Injunction to March 5, 2009. 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 March 5, 2009, at 2:00 p.m.

Respectfully submitted, ARMANDO PLASCENCIA and MELANIAPLASCENCIA By their attorneys, /s/ Jeffrey K. Berns Jeffrey K. Berns ARBOGAST & BERNS LLP 19510 Ventura Blvd., Suite 200 Tarzana, CA 91356 Phone: [phone] Fax: [phone] Attorneys for Plaintiffs

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DATED: December 19, 2008

LENDING 1st MORTGAGE, LLC. By its attorneys, /s/ J. Thomas Aldrich J. Thomas Aldrich ERICKSEN, ARBUTHNOT, KILDUFF, DAY & LINDSTROM, INC. 100 Howe Avenue, Suite 110 South Sacramento, CA 95825-8201 Phone: [phone]

DATED: December 19, 2008

EMC MORTGAGE CORPORATION By its attorneys, /s/ Robert J. Emanuel Robert J. Emanuel BURKE, WARREN, MCKAY & SERRITELLA, P.C. 330 North Wabash, 22n Floor Phone: [phone]; Facsimile: [phone] Attorneys for Defendants

[PROPOSED] ORDER Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED that: 1. Plaintiffs' Motion for Class Certification and Motion for Preliminary Injunction, which

are both currently set for January 22, 2009, are continued to March 5, 2009 at 2:00 p.m.

IT IS SO ORDERED 12/23 Dated: ________________, 2008

________________________ Hon. Claudia Wilken United States District Court Judge

-3Stipulation and [Proposed] Order - 4:07-cv-04485-CW