Plascencia et al v. Lending 1st Mortgage et al

Filing 199

ORDER re 198 granting SECOND STIPULATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PURSUANT TO LOCAL RULE 16-2(d). Further Case Management Conference set for 2/24/2011 02:00 PM. Jury Trial set for 5/23/2011 08:30 AM. Motion Hearing set for 2/24/2011 02:00 PM. Pretrial Conference set for 5/10/2011 02:00 PM.. Signed by Judge Claudia Wilken on 1/25/10. (scc, COURT STAFF) (Filed on 1/25/2010)

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SMOGER & ASSOCIATES Gerson H. Smoger (SBN 79196) [e-mail] Steven M. Bronson (SBN 246751) [e-mail] 3175 Monterey Blvd Oakland, CA, 94602-3560 Phone: [phone] Fax: [phone] ARBOGAST & BERNS LLP David M. Arbogast (SBN 167571) [e-mail] Jeffrey K. Berns, Esq. (SBN 131351) [e-mail] 6303 Owensmouth Ave., 10th Floor Woodland Hills, CA 91367-2263 Phone: [phone] Fax: [phone] [Additional counsel listed on signature page] Attorneys for Plaintiffs and the Class

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, LENDING 1st MORTGAGE, LLC, EMC MORTGAGE CORPORATION, and DOES 1 through 10 inclusive, Defendants.

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CASE NO. 4:07-cv-04485-CW CLASS ACTION SECOND STIPULATION AND ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PURSUANT TO LOCAL RULE 16-2(d)

Complaint Filed: Trial Date:

August 29, 2007 April 12, 2010

Second Stipulation and Order for Relief from Case Management Schedule - 4:07-cv-04485-CW

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WHEREAS, on July 3, 2008, the Court entered a minute order and case management order setting ("CM Order"), among other things, deadlines pertaining to discovery, and the date of trial; WHEREAS, on October 15, 2009, the parties filed their proposed Stipulation and [Proposed] Order for Relief from Case Management Schedule Pursuant to Local Rule 16-2(d); WHEREAS, on October 19, 2009, the Court entered its Order Revising Case Management Schedule; WHEREAS, on December 16, 2009, the parties agreed to the entry of a proposed Stipulated Protective Order to govern the production and handling of materials defendants claim are confidential. The proposed Stipulated Protective Order was filed and then signed by Magistrate Judge Spero on December 21, 2009. WHEREAS Plaintiffs have requested substantial discovery from Defendants some of which includes material which had been withheld pending entry of a protective order. WHEREAS, on December 8, 2009, after protracted meet and confer efforts, Defendant Lending 1st provided supplemental responses to Plaintiffs First Set of Requests for Production of Documents that were originally served on March 27, 2008. In those supplemental responses, Lending 1st responded by stating "Responding Party has no documents responsive to this request as all documents have been lost or destroyed." The deposition of Chris Lombardi, the principal at Lending 1st, is currently noticed for January 11, 2010. WHEREAS, the parties anticipate that the parties will require additional time to complete this discovery. THEREFORE, the Parties hereby stipulate to, and request that the Court approve, an extension of the times in the Court's Order Revising Case Management Schedule as follows:

Pretrial or Trial Event Completion of Fact Discovery: Disclosure of identities and reports of Plaintiff's expert witnesses:

Current Deadline 2/16/2010 2/16/2010

Requested Deadline 7/23/2010 7/23/2010

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Second Stipulation and Order for Relief from Case Management Schedule - 4:07-cv-04485-CW

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Disclosure of identities and reports of Defendants' expert witnesses: Disclosure of identities and reports of expert witnesses (Rebuttal): Completion of Expert Discovery: All case-dispositive motions to be heard at 2:00 P.M. on or before: A Further CMC will also be held whether or not dispositive motions are filed. Dispositive motions shall be filed by: Final Pretrial Conference at 2:00 P.M. on: A 5 day Jury Trial will begin at 8:30 A.M. on:

3/16/2010

9/17/2010

4/16/2010

10/18/2010

5/16/2010 8/12/2010

11/19/2010 2/24/2011

7/1/2010 11/2/2010 11/15/2010

1/10/2011 5/10/2011 5/23/2011

Respectfully submitted, ARMANDO PLASCENCIA and MELANIAPLASCENCIA By their attorneys, DATED: January 25, 2010 /s/ David M. Arbogast David M. Arbogast ARBOGAST & BERNS LLP 6303 Owensmouth Ave., 10th Floor Woodland Hills, CA 91367-2263 Phone: [phone] Fax: [phone] Attorneys for Plaintiffs and the Class /// /// /// /// 3
Second Stipulation and Order for Relief from Case Management Schedule - 4:07-cv-04485-CW

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/// DATED: January 25, 2010 LENDING 1st MORTGAGE, LLC. By its attorneys, /s/ J. Thomas Aldrich J. Thomas Aldrich ERICKSEN, ARBUTHNOT 100 Howe Avenue, Suite 110 South Sacramento, CA 95825-8201 Phone: [phone]

DATED: January 25, 2010

EMC MORTGAGE CORPORATION By its attorneys, /s/ Stephen R. Meinertzhagen Stephen R. Meinertzhagen BURKE, WARREN, MCKAY & SERRITELLA, P.C. 330 North Wabash, 22n Floor Chicago, Illinois 60611-3607 Phone: [phone]; Facsimile: [phone] Attorneys for Defendants

PURSUANT TO THE PARTIES STIPULATION, IT IS SO ORDERED. 1/25/10 Date: ____________________________ _________________________________________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

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Second Stipulation and Order for Relief from Case Management Schedule - 4:07-cv-04485-CW