Pinel v. Aurora Loan Services LLC

Filing 136

STIPULATION AND ORDER re 132 STIPULATION WITH PROPOSED ORDER to Modify Pre-Trial Schedule filed by Deogeneso Palugod, Alice Chao, Mauder Chao, Aurora Loan Services LLC, Glorina Palugod, CASE MANAGEMENT SCHEDULING ORDER: Motion Hearing set for 1/29/2013 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 10/11/12. (lrc, COURT STAFF) (Filed on 10/11/2012)

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JOHN R. DANOS (CA SBN 210964)
[e-mail]
TIFFANY M. IKEDA (CA SBN 280083)
[e-mail]
ARNOLD & PORTER LLP
777 South Figueroa, 44th Floor
Los Angeles, CA 90017-5844
Telephone: [phone]
Facsimile: 1.213.243.4999
Attorneys for Defendant
Aurora Loan Services, LLC
[Additional counsel on signature page]
STEVE W. BERMAN (Pro Hac Vice)
THOMAS E. LOESER (202724)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Class
[Additional counsel on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MAUDER and ALICE CHAO;
DEOGENESO and GLORINA PALUGOD;

)
)
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AND
)
)
MARITZA PINEL
)
)
on behalf of themselves and all others similarly )
situated,
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Plaintiff(s),
)
)
v.
)
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AURORA LOAN SERVICES, LLC,
)
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Defendant(s).
)
)

CONSOLIDATED CASE NO.
CV-10-3118-SBA
JOINT STIPULATION TO MODIFY
PRE-TRIAL SCHEDULE
Hon. Saundra B. Armstrong
Hon. Laurel Beeler

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JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

Plaintiffs Mauder and Alice Chao, Deogeneso and Glorina Palugod, and Maritza Pinel

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(collectively, “Plaintiffs”) and defendant Aurora Loan Services, LLC (“Aurora”) (collectively, the

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“Parties”) hereby stipulate and agree, and request the Court modify the pre-trial schedule, as

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follows.

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I.

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BACKGROUND
This putative class action concerns Aurora’s mortgage loan “workout agreements,” also

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known as “special forbearance agreements.” The Parties incorporate by reference their respective

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factual statements of the case from the Parties’ prior Consolidated Joint Case Management

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Statement (Doc. # 59), and Joint Stipulation to Modify the Pre-Trial Schedule. Doc. # 92.

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Over the past six months, the Parties have engaged in extensive discovery. Discovery
remains open until March 8, 2013.
On September 18, 2012, pursuant to the existing pre-trial schedule (Doc. # 93), Plaintiffs
filed their Motion for Class Certification. Doc. # 108.
On September 24, 2012, Aurora filed a Motion to Strike or, in the Alternative, to Stay

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Briefing on Plaintiffs’ Motion for Class Certification. Doc. # 115. Aurora also filed a Motion for

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Expedited Briefing/Hearing on the Motion to Strike on the same date. Doc. # 116. Plaintiffs’

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opposition to the Motion to Strike is due to be filed on Tuesday, October 9, 2012.

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The deadline to amend pleadings in this case has not passed. Under Fed. R. Civ. P.

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15(a)(1)(B)(2), Plaintiffs intend to file a Second Consolidated Amended Complaint (“SCAC”). A

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copy of the proposed SCAC was provided to Aurora on October 1, 2012, and Aurora has agreed to

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stipulate to its filing.

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The Parties have agreed to the amendments to the pre-trial schedule described further below.

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Although these amendments restart the briefing schedule on Plaintiffs’ Motion for Class

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Certification to account for the filing of the SCAC, the remaining pre-trial schedule—including the

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fact discovery cutoff and trial dates—remains unchanged.

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-2JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

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II.

STIPULATION

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First, Aurora has reviewed the proposed SCAC and stipulates to its filing, without waiver of

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its right to file a response to the SCAC under Rule 12. Pursuant to this stipulation, Plaintiffs will file

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the SCAC on October 4, 2012.

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Second, Aurora’s deadline to file a Rule 12 motion in response to the SCAC shall be

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October 22, 2012. Plaintiffs’ opposition to Aurora’s Rule 12 motion shall be due on November 5,

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2012 and Aurora’s reply shall be due on November 12, 2012.

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Third, if this stipulation permitting re-filing is approved by the Court, Plaintiffs will
withdraw their Motion for Class Certification filed on September 18, 2012 and file a new Motion
for Class Certification on or before November 16, 2012.

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Fourth, Aurora’s deadline to file its opposition to Plaintiffs’ Motion for Class Certification

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shall be December 28, 2012 and Plaintiffs’ reply in support of their Motion for Class Certification

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shall be filed on January 21, 2013.

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Fifth, Aurora shall take the depositions of the named Plaintiffs during the week of December
3, 2012, or at such other mutually agreeable time.
Sixth, Aurora agrees to withdraw its Motion to Strike (Doc. # 115) and Motion for
Expedited Briefing on the Motion to Strike (Doc. # 116).
Seventh, the parties agree that Aurora’s Motion for Judgment on the Pleadings (Doc. #97) is

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not rendered moot by the filing of the SCAC. Any ruling on the merits on said Motion will apply

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equally to the SCAC. The hearing on Aurora’s Motion for Judgment on the Pleadings shall remain

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on October 23, 2012 at 1:00 p.m.

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Eighth, in accordance with the foregoing agreements, the Parties hereby request that the
Court amend the existing pre-trial schedule as follows:

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-3JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

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Matter

Current Date1

Proposed Date

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Plaintiffs file stipulated SCAC

(none)

October 4, 2012

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Hearing on Motion for Judgment on the
Pleadings

October 23, 2012; 1:00
p.m.

October 23, 2012;
1:00 p.m. (no
change)

Aurora files Rule 12 motion in response to the
SCAC

(none)

October 22, 2012

Plaintiffs file opposition to Aurora’s Rule 12
motion in response to the SCAC

(none)

November 5, 2012

Aurora files reply in support of its Rule 12
motion in response to the SCAC

(none)

November 12, 2012

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Plaintiffs file their Motion for Class
Certification

(none)

November 16, 2012

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Hearing on Aurora’s Rule 12 motion in
response to the SCAC

(none)

December 4, 2012
at 1:00 p.m.

Aurora files Opposition to Motion for Class
Certification

October 16, 2012

December 28, 2012

Plaintiffs file Reply in Support of Motion for
Class Certification

October 30, 2012

January 21, 2013

Class Certification Hearing

December 4, 2012

January 29, 2013, at
1:00 p.m. or as
otherwise set by the
Court

Fact Discovery Cut-Off

March 8, 2013

March 8, 2013
(no change)

Rule 26(a)(2) Expert Designations
and Reports

March 8, 2013

March 8, 2013
(no change)

Mandatory Settlement Conference

During the Month of
May 2013

During the Month of
May 2013
(no change)

Rule 26(a)(2) Rebuttal Expert Designations
and Reports

March 29, 2013

March 29, 2013
(no change)

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The “Current Dates” are derived from the Court’s Order Modifying Pre-Trial Schedule.
Doc. # 93 (June 15, 2012).
-4JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

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Expert Discovery Cut-Off

April 19, 2013

April 19, 2013
(no change)

Final Filing Date for Dispositive Motions

Court does not set

Court does not set
(no change)

Motions Hearing Cut-Off

April 30, 2013

April 30, 2013
(no change)

Pretrial Documents Due

June 11, 2013

June 11, 2013
(no change)

Motions in limine / objections to evidence

June 18, 2013

June 18, 2013
(no change)

Oppositions to motions in limine / objections
to evidence

June 25, 2013

June 25, 2013
(no change)

Replies to motions in limine / objections to
evidence

July 2, 2013

July 2, 2013
(no change)

Final Pre-Trial Conference

July 16, 2013 at 1:00
p.m.

July 16, 2013 at
1:00 p.m.
(no change)

Trial Estimated (if class certified)
5-10 Court Days

July 29, 2013 at 8:30
a.m.

July 29, 2013 at
8:30 a.m.
(no change)

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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel
for Plaintiffs and Aurora, upon consent of the Court, that:

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The pretrial schedule is MODIFIED as set forth herein, and

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Aurora’s Motion to Strike (Doc. # 115) and Motion for Expedited Briefing on the Motion to

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Strike (Doc. # 116) are hereby WITHDRAWN.

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Date: October 4, 2012

ARNOLD & PORTER LLP
By: /s/ John R. Danos
John R. Danos
JOHN R. DANOS (CA SBN 210964)
[e-mail]
ARNOLD & PORTER LLP
777 South Figueroa, 44th Floor
Los Angeles, CA 90017-5844
Telephone: [phone]
-5-

JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

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Facsimile: 1.213.243.4999

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DAVID B. BERGMAN (pro hac vice)
[e-mail]
IAN S. HOFFMAN (pro hac vice)
[e-mail]
ARNOLD & PORTER LLP
555 Twelfth Street, NW
Washington, DC 20004-1206
Telephone: [phone]
Facsimile: 1.202.942.5999

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Attorneys for Defendant
Aurora Loan Services, LLC

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Date: October 4, 2012

HAGENS BERMAN SOBOL SHAPIRO LLP

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By: /s/ Thomas E. Loeser
Thomas E. Loeser
Steve W. Berman (Pro Hac Vice)
Thomas E. Loeser (202724)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
[phone]
[e-mail]
[e-mail]
Andrew Oldham (144287)
LAW OFFICE OF ANDREW OLDHAM
901 Campisi Way, Suite 248
Campbell, CA 95008
Telephone: [phone]

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T. Christopher Tuck
RICHARDSON, PATRICK, WESTBROOK &
BRICKMAN, LLC
1037 Chuck Dawley Blvd., Bldg A
PO Box 1007
Mt. Pleasant, SC 29464
[phone]
[e-mail]
Ali Abtahi (224688)
Idene Saam (258741)
ABTAHI LAW FIRM
1528 S. El Camino Real, Suite 204
San Mateo, CA 94402
Tel: [phone]
-6JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

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Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs and the proposed Class

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IT IS SO ORDERED.
Dated___10/11/12

___________________________________
The Honorable Saundra B. Armstrong
United States District Judge

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-7JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA

GENERAL ORDER 45 ATTESTATION

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In accordance with General Order 45, concurrence in the filing of this document has been

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obtained from each of the signatories and I shall maintain records to support this concurrence for

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subsequent production for the court if so ordered or for inspection upon request by a party.

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Dated: October 4, 2012

ARNOLD & PORTER LLP

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By:

/s/ John R. Danos
John R. Danos

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Attorneys for Defendant
AURORA LOAN SERVICES LLC

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JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE
Consolidated Case No. CV-10-3118-SBA