Plascencia et al v. Lending 1st Mortgage et al

Filing 348

ORDER GRANTING IN PART EMC MORTGAGE CORPORATIONS 347 ADMINISTRATIVE MOTION FOR ADDITIONAL PAGES AND THE PARTIES 345 STIPULATION FOR RELIEF FROM THE CASE MANAGEMENT SCHEDULE.Cross Motions/Responses due by 7/13/2012. Replies due by 7/27/2012. Repli es due by 8/9/2012. Motion Hearing set for 8/23/2012 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 8/16/2012. Further Case Management Conference set for 8/23/2012 02:00 PM. Signed by Judge Claudia Wilken on 6/26/2012. (ndr, COURT STAFF) (Filed on 6/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARMANDO PLASCENCIA; and MELANIA
PLASCENCIA, individually and on
behalf of all others similarly
situated,
Plaintiffs,

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v.

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United States District Court
For the Northern District of California

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LENDING 1ST MORTGAGE; LENDING 1ST
MORTGAGE, LLC; EMC MORTGAGE
CORPORATION; and DOES 1-10,
Defendants.

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No. C 07-4485 CW
ORDER GRANTING IN
PART EMC MORTGAGE
CORPORATION’S
ADMINISTRATIVE
MOTION FOR
ADDITIONAL PAGES
AND THE PARTIES’
STIPULATION FOR
RELIEF FROM THE
CASE MANAGEMENT
SCHEDULE
(Docket Nos. 345
and 347)

________________________________/
Having considered Defendant EMC Mortgage Corporation’s motion

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to exceed twenty-five pages in its motions for summary judgment

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and to decertify the class, Plaintiffs Armando and Melania

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Plascencia’s opposition thereto and the parties’ stipulation to

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change the briefing and hearing schedule for dispositive motions,

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the Court finds good cause to modify the case management order and
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set the following schedule for these motions:
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Event

Date

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Deadline for Plaintiffs to file their motion for
summary judgment, in a brief of thirty pages or
less.

Friday, June
29, 2012

Deadline for Defendants to file their crossmotions for summary judgment, motions to
decertify the class and opposition to Plaintiffs’
motion for summary judgment.
The motions and opposition shall be addressed in
a single brief of sixty pages or less. To the
extent possible, Defendants shall file a single
joint brief on behalf of more than one, or all,

Friday, July
13, 2012

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United States District Court
For the Northern District of California

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Defendants, with separate sections to address
individual differences as needed.
Deadline for Plaintiffs to file their reply in
support of their motion for summary judgment and
their oppositions to Defendants’ cross-motions.
The reply and oppositions shall be addressed in
the same brief of thirty pages or less.

Friday, July
27, 2012

Deadline for Defendants to file their replies in
support of their cross-motions for summary
judgment and motions to decertify the class.
The reply brief shall not exceed fifteen pages.
To the extent possible, Defendants shall file a
single joint brief on behalf of more than one, or
all, Defendants, with separate sections to
address individual differences as needed.

Thursday,
August 9, 2012

Deadline for the parties to file a joint case
management conference statement.

Thursday,
August 16, 2012

Hearing on motions for summary judgment and to
decertify class, and further case management
conference.

Thursday,
August 23, 2012
at 2:00 p.m.

The Court will entertain a stipulation to change the briefing

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schedule, provided that opposing briefs are filed in series as

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described above, not contemporaneously, with as little repetition

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as possible, and that the parties’ briefing is completed at least

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two weeks prior to the hearing date.

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The final pretrial conference is currently scheduled for

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October 22, 2012, and the five day jury trial in this matter is

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set to begin on November 5, 2012.

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parties’ stipulation to change the date for the dispositive motion

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hearing, the Court notes that the dates for the final pretrial

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conference and trial may need to be continued.

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Because the Court grants the

IT IS SO ORDERED.

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Dated:

6/26/2012

CLAUDIA WILKEN
United States District Judge
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