Soto v. Commercial Recovery Systems, Inc. et al

Filing 79

STIPULATION AND ORDER EXTENDING DEADLINES TO PARTICIPATE IN MEDIATION re 78 Stipulation filed by Jorge Soto. Signed by Judge Phyllis J. Hamilton on 10/11/11. (nah, COURT STAFF) (Filed on 10/11/2011)

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1 2 3 4 5 6 7 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 8 9 Attorneys for Plaintiff JORGE SOTO and the Proposed Classes 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 __________________________________________ 14 JORGE SOTO 15 Plaintiff, 16 vs. 17 18 COMMERCIAL RECOVERY SYSTEMS, INC., CHASE HOME FINANCE LLC, 19 Defendants. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.:C09 02842 PJH STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES TO PARTICIPATE IN MEDIATION 21 WHEREAS, on May 3, 2011, the court ordered the parties to participate in mediation 22 through the Court’s ADR Program no later than October 31, 2011; 23 WHEREAS, plaintiff filed a motion for class certification which was to be heard on 24 September 7, 2011; 25 WHEREAS, on September 2, 2011, the Court continued the hearing date on the motion 26 for class certification to November 23, 2011 due to the press of business before the court; 27 WHEREAS, the parties believe that mediation will not be fruitful until after the pending 28 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES TO PARTICIPATE IN MEDIATION 1 1 2 3 4 5 6 motion for class certification has been decided; WHEREAS, the class certification motion will not be resolved until after the October 31, 2011 mediation deadline; WHEREAS, the parties wish to extend the mediation deadline to January 15, 2012 so as to be able to hold the mediation after the class certification motion has been resolved; SO STIPULATED 7 Dated: October 3, 2011 LAW OFFICE OF WILLIAM E. KENNEDY 8 9 By: 10 /s/ William E. Kennedy Attorneys for Plaintiff JORGE SOTO and the Proposed Classes 11 12 13 Dated: October 3, 2011 SKANE WILCOX LLP 14 By: 15 16 /s/ Jennifer McCune Attorneys for Defendant Commercial Recovery Systems, Inc. 17 ATTESTATION PURSUANT TO GENERAL ORDER 45 18 William E. Kennedy, attest that concurrence in the filing of this document has been 19 obtained from the other signatories. 20 I declare under penalty of perjury that the foregoing is true and correct. 21 Executed on October 3, 2011 at Santa Clara, California. 22 23 24 Dated: October 3, 2011 LAW OFFICE OF WILLIAM E. KENNEDY 25 26 27 By: /s/ William E. Kennedy Attorneys for Plaintiff JORGE SOTO and the Proposed Classes 28 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES TO PARTICIPATE IN MEDIATION 2 1 ORDER 2 Pursuant to stipulation, the parties are ordered to participate in mediation through the 3 12 ER R NIA FO Ju H 11 RT 10 amilton llis J. H dge Phy NO 9 DERED O OR IT IS S LI 8 Hon. Phyllis J. Hamilton A 7 RT U O 6 10/11/11 Date: ________________ S DISTRICT TE C TA _______________________________________ S 5 court’s ADR Program no later than October 31, 2011. January 16, 2012. UNIT ED 4 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES TO PARTICIPATE IN MEDIATION 3

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