Plascencia et al v. Lending 1st Mortgage et al

Filing 249

ORDER Granting 248 Fourth Stipulation FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PURSUANT TO LOCAL RULE 16-2(d). Case Management Statement due by 3/15/2012. Further Case Management Conference (whether or not motion filed) set for 3/22/2012 02:00 PM . Final Pretrial Conference set for 6/5/2012 02:00 PM. Jury Selection set for 6/18/2012 08:30AM. Jury Trial (5 day) set for 6/18/2012 08:30 AM. (to be filed) Dispositive Motion Hearing set for 3/22/2012 02:00 PM.. Signed by Judge Claudia Wilken on 12/15/2010. (ndr, COURT STAFF) (Filed on 12/15/2010)

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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 FOURTH 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

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

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WHEREAS on January 25, 2010, the Court entered its Order Revising Case Management Schedule (Dkt. No. 199); and WHEREAS on August 13, 2010, the parties filed, and the Court entered, a Third Stipulation and Order for Relief from Case Management Schedule Pursuant to Local Rule 16-2(d) because Defendant Lending 1st needed to identify and produce relevant information from Defendant Lending 1st's computer server (Dkt. No. 201); and WHEREAS on November 5, 2010, Magistrate Judge Spero entered an Order requiring Defendant Lending 1st to produce all relevant data on its server by November 19, 2010: WHEREAS Defendant Lending 1st thereafter produced over 90,000 pages of data over a rolling period ending December 10, 2010, which will take considerable time for Plaintiffs to review and analyze; and WHEREAS Defendant EMC Mortgage Corp. produced over 1500 emails during the week of November 18, 2010, which Plaintiffs have just finished reviewing, and which has, in turn, triggered follow-up discovery requests; WHEREAS Plaintiffs require additional time to complete follow-up discovery on the large productions that have been received within the past few weeks; WHEREAS, the date for disclosure of Plaintiffs' experts and expert report is December 20, 2010 and Plaintiffs need additional time to review the recent productions by Defendants so as to determine whether additional experts or opinions are necessary; WHEREAS Plaintiffs intend to file a motion, pursuant to Fed. R. Civ. P. 23(c)(2)(B), for this Court's approval of class notice within the next ten days, likely time period for distribution of notice will be 14 days after Court approval, and return of opt-out requests will be approximately 90 days after the class notice is mailed; and WHEREAS Defendant EMC Mortgage Corp. has advised Plaintiffs of its desire to depose a number of absent class members after the expiration of the notice and opt-out period, and Plaintiffs' position is that Defendants should not be permitted to take discovery of absent class members; /// /// 2
Fourth Stipulation and [Proposed] Order for Relief from Case Management Schedule - 4:07-cv-04485-CW

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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 so as to enable the Parties to complete the aforementioned residual discovery, complete the meet-and-confer process as to any remaining discovery disputes, and/or present any unresolved discovery dispute for the Court's resolution, as follows: 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 and FCMC 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 12/20/2010 12/20/2010 Requested Deadline 8/19/2011

8/19/2011

2/14/2011

10/20/2011

3/16/2011

11/16/2011

4/18/2011 7/21/2011

12/19/2011

3/22/2012

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

2/9/2012 6/5/2012 6/18/2012

Agreed and stipulated to: DATED: December 15, 2010 ARMANDO PLASCENCIA and MELANIAPLASCENCIA By their attorneys, /s/ David M. Arbogast David M. Arbogast 3
Fourth Stipulation and [Proposed] Order for Relief from Case Management Schedule - 4:07-cv-04485-CW

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ARBOGAST & BERNS LLP 6303 Owensmouth Ave., 10th Floor Woodland Hills, CA 91367-2263 Phone: [phone] Fax: [phone] Attorneys for Plaintiffs and the Classes 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 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.

_________________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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