Plascencia et al v. Lending 1st Mortgage et al

Filing 201

ORDER re 200 Granting Third Stipulation for Relief from Case Management Schedule. Further Case Management Conference set for 7/21/2011 02:00 PM. Final Pretrial Conference set for 10/4/2011 02:00 PM. Jury Trial (5 day) set for 10/17/2011 08:30 AM. Motion Hearing set for 7/21/2011 02:00 PM. Signed by Judge Claudia Wilken on 8/13/2010. (ndr, COURT STAFF) (Filed on 8/13/2010)

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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 Classes

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 THIRD 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 [Proposed] 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 a 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 January 5, 2010, the parties filed a Second Stipulation and [Proposed] Order for Relief from Case Management Schedule Pursuant to Local Rule 16-2(d); WHEREAS, on January 25, 2010, the Court entered its Order Revising Case Management Schedule; WHEREAS, on December 9, 2009, Plaintiffs noticed the deposition Chris Lombardi, the principal at Defendant Lending 1st Mortgage ("Lending 1st"), along with requests to produce documents; WHEREAS, on January 5, 2010, Lending 1st provided supplemental responses to Plaintiffs' discovery which stated that "Responding Party no longer has any documents related to this action as all documents responsive to this request have been lost or destroyed"; WHEREAS, after protracted meet-and-confer efforts, and numerous continuances, the deposition of Chris Lombardi was finally taken on May 18, 2010, but was not concluded after it was revealed that a computer server exists, and that the deponent had made no effort to search the server for relevant documents that would be responsive to the document requests included in the deposition notice. Counsel for Defendant Lending 1st, has subsequently provided a list of fields and the parties are working on searches to extract relevant information concerning the Class; WHEREAS, the parties anticipate that they will require additional time to complete this discovery because the server is likely to contain relevant information that has not yet been produced by Lending 1st, THEREFORE, the Parties hereby stipulate to, and request that the Court approve, an extension of the deadlines in the Court's Order Revising Case Management Schedule as follows:

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

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

Current Deadline 7/ 2 3 / 2 0 1 0 7/23/2010

Requested Deadline 12/20/2010 12/20/2010

9/17/2010

2/14/2011

10/18/2010

3/16/2011

11/19/2010 2/24/2011

4/18/2011 7/21/2011

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

6/7/2011 10/4/2011 10/18/2011

Agreed and stipulated to: DATED: August 13, 2010 ARMANDO PLASCENCIA and MELANIAPLASCENCIA By their attorneys, /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 Classes

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

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DATED: August 13, 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] Attorneys for Defendant Lending 1st Mortgage, LLC

DATED: August 13, 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 Defendant EMC Mortgage Corp.

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED, EXCEPT THAT THE TRIAL WILL BEGIN ON OCT. 17. A CMC WILL BE ON 7/21/11 AT 2 P.M.

Date: August 13, 2010

_________________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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