Soto v. Commercial Recovery Systems, Inc. et al

Filing 41

STIPULATION AND ORDER FURTHER EXTENDING DEADLINES TO FILE MOTIONS FOR CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT: Plaintiff's deadline for filing a motion for class certification is 5/2/2011 and CRS' deadline for filing a summary j udgment motion is 6/6/2011. Defendant CRS has discretion to file its motion for summary judgment prior to plaintiff filing his motion for class certification if it chooses to do so re 40 Stipulation filed by Jorge Soto. Signed by Judge Phyllis J. Hamilton on 11/30/10. (ig, COURT STAFF) (Filed on 11/30/2010)

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Soto v. Commercial Recovery Systems, Inc. et al Doc. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 William E. Kennedy (CSB #158214) LAW OFFICE OF WILLIAM E. KENNEDY 2797 Park Avenue, Suite 201 Santa Clara, California 95050 (408) 241-1000 phone (408) 241-1500 fax willkennedy@pacbell.net Cynthia Singerman (CSB #244450) HOUSING AND ECONOMIC RIGHTS ADVOCATES P.O. Box 29435 Oakland, CA 94604-0091 (510) 271-8443 csingerman@heraca.org Attorneys for Plaintiff JORGE SOTO and the Proposed Classes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA __________________________________________ 14 JORGE SOTO 15 Plaintiff, 16 vs. 17 18 19 Defendants. 20 21 COMMERCIAL RECOVERY SYSTEMS, INC., CHASE HOME FINANCE LLC, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.:C09 02842 PJH STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING DEADLINES TO FILE MOTIONS FOR CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT WHEREAS, on November 19, 2009, a Case Management Conference was held in this 22 matter; 23 WHEREAS, at the Case Management Conference, it was determined that plaintiff Jorge 24 Soto shall file a motion for class certification by March 3, 2010, and Defendant Commercial 25 Recovery Systems, Inc. ("CRS") shall file a motion for summary judgment by April 7, 2010; 26 WHEREAS, a Minute Order was prepared and filed with the court on November 20, 27 2009 which set forth the above-referenced deadlines; 28 STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING DEADLINES TO FILE MOTIONS FOR CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on February 16, 2010, the parties submitted a Stipulation and Order which was subsequently entered which extended plaintiff's deadline for filing a motion for class certification to June 2, 2010 and CRS' deadline for filing a summary judgment motion to July 7, 2010 (docket #34, #35); WHEREAS, on May 14, 2010, the parties submitted a Stipulation and Order which was subsequently entered which extended plaintiff's deadline for filing a motion for class certification to September 1, 2010 and CRS' deadline for filing a summary judgment motion to October 6, 2010 (docket #36, #37); WHEREAS, on August 25, 2010, the parties submitted a Stipulation and Order which was subsequently entered which extended plaintiff's deadline for filing a motion for class certification to December 1, 2010 and CRS' deadline for filing a summary judgment motion to January 6, 2010 (docket #38, #39); WHEREAS, plaintiff has propounded three separate sets of discovery on CRS, and has taken the deposition of CRS's deposition pursuant to FRCP 30; WHEREAS, discovery disputes have existed between the parties, but following a lengthy meet and confer process, CRS is now in the process of responding to plaintiff's requests for class discovery, i.e. information relevant to plaintiff's planned motion for class certification; WHEREAS, plaintiff has sought information on potential class members from CRS in order to obtain information as to whether such individuals fall within the class definition; WHEREAS, the parties have made significant efforts to address issues related to privacy rights associated with the requested information; WHEREAS, the parties have agreed on a process by which potential class members will be sent a letter which provides them the opportunity to opt-out of having their information provided to plaintiff's counsel - a process similar to that described in Stone v. Advance America, 2009 WL 4722924 (S.D. Cal. 2009); WHEREAS, the parties have agreed that putative class members will have 45 days to respond to opt-out of the class; STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING DEADLINES TO FILE MOTIONS FOR CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, because CRS has only limited information concerning the loans, once the information is provided, plaintiff will likely have to obtain more information from Chase Home Finance, LLC, (from whom CRS originally obtained the loans for collection purposes) concerning the loans to ascertain whether they fall within the class definition; WHEREAS, it is anticipated that the steps outlined above will take 4-6 months to complete; WHEREAS, the parties agree that due to these discovery issues, the deadlines for the two motions should be further extended approximately 180 days, and therefore request that plaintiff's deadline for filing a motion for class certification be extended to May 2, 2011 and CRS' deadline for filing a summary judgment motion be extended to June 6, 2011. WHEREAS, defendant CRS wishes to have the discretion to file its summary judgment motion prior to plaintiff filing his motion for class certification; SO STIPULATED Dated: November 23, 2010 LAW OFFICE OF WILLIAM E. KENNEDY By: /s/ William E. Kennedy Attorneys for Plaintiff JORGE SOTO and the Proposed Classes SKANE WILCOX LLP By: /s/ David A. Eligator Attorneys for Defendant Commercial Recovery Systems, Inc. 16 17 18 19 20 21 22 23 24 25 26 obtained from the other signatories. 27 I declare under penalty of perjury that the foregoing is true and correct. 28 STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING DEADLINES TO FILE MOTIONS FOR CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT Dated: November 23, 2010 ATTESTATION PURSUANT TO GENERAL ORDER 45 William E. Kennedy, attest that concurrence in the filing of this document has been 3 1 2 3 4 Executed on November 23, 2010 at Santa Clara, California. Dated: November 23, 2010 By: LAW OFFICE OF WILLIAM E. KENNEDY /s/ William E. Kennedy Attorneys for Plaintiff JORGE SOTO and the Proposed Classes ORDER 5 6 7 8 9 Pursuant to stipulation, plaintiff's deadline for filing a motion for class certification is May 2, 2011 and CRS' deadline for filing a summary judgment motion is June 6, 2011. 10 Defendant CRS has discretion to file its motion for summary judgment prior to plaintiff filing his 11 motion for class certification if it chooses to do so. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING DEADLINES TO FILE MOTIONS FOR CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT 11/30/2010 Date: ________________ _______________________________________ Hon. Phyllis J. Hamilton 4

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