Plascencia et al v. Lending 1st Mortgage et al

Filing 261

ORDER GRANTING DISCOVERY MOTION CONTAINED In 254 Joint Letter, filed by EMC Mortgage Corporation. Signed by Judge Joseph C. Spero on 8/5/11. (klhS, COURT STAFF) (Filed on 8/5/2011)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

ARMANDO PLASCENCIA, ET AL,

7
8
9

Plaintiff(s),
v.
LENDING 1ST MORTGAGE, ET AL.,

ORDER GRANTING DISCOVERY
MOTION CONTAINED IN JOINT
LETTER [Docket No. 254]

Defendant(s).
___________________________________/

11
For the Northern District of California

United States District Court

10

Case No. C07-04485 CW (JCS)

12
13
14

On June 24, 2011, the parties filed a Joint Letter Brief to take limited written discovery and
deposition discovery from class members whose loans were purchased by EMC.
Two hearings were held on this matter on July 29, 2011, and on August 5, 2011. Mark

15

Cuker, counsel for Plaintiffs, appeared. Leann Pope, counsel for Defendant appeared.

16

For reasons stated on the record, IT IS HEREBY ORDERED THAT:

17

1.

The motion to take limited discovery of absent class members is Granted.

18

2.

On or before September 19, 2011, Defendants may take up fifteen (15) depositions of

19
20

absent class members of their choosing.
3.

Defendants shall identify the chosen class members on or before August 12, 2011.

21

Defendants shall produce to Plaintiffs’ counsel all records relating to the servicing of

22

the loans of the chosen absent class members on or before August 19, 2011. Each

23

side (all defendants on the one hand and all plaintiffs on the other) may have up to

24

one (1) hour to question each deponent. Each deposition shall take place in the city

25

where such deponent lives. Each deponent may be represented at the deposition by

26

Plaintiffs’ counsel, or by any other counsel of their choosing. Plaintiffs’ counsel has

27

agreed to contact the witnesses and arrange for them to be available for deposition.

28

4.

The parties shall meet and confer on the dates for the depositions.

1

IT IS SO ORDERED.

2
3
4
5

Dated: August 5, 2011
__________________________
JOSEPH C. SPERO
United States Magistrate Judge

6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2