Pinel v. Aurora Loan Services LLC

Filing 201

ORDER by Judge ARMSTRONG granting 196 Stipulation (lrc, COURT STAFF) (Filed on 5/29/2013)

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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 (CA SBN 202724)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: 1.206.623.0594
[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
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MARITZA PINEL
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on behalf of themselves and all others similarly )
situated,
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)
Plaintiff(s),
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v.
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AURORA LOAN SERVICES, LLC,
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Defendant(s).
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CONSOLIDATED CASE NO.
CV-10-3118-SBA
JOINT STIPULATION AND REQUEST
FOR A STAY PENDING CLASS
CERTIFICATION RULING
Hon. Saundra B. Armstrong
Hon. Laurel Beeler

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JOINT STIPULATION FOR A STAY PENDING CLASS CERTIFICATION RULING
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 to Order, as 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. #186.

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Plaintiffs’ Renewed Motion for Class Certification (Doc. # 149) is fully briefed and remains

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pending. The hearing on the Motion, originally scheduled for February 12, 2013, was taken off

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calendar by the Court.

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A mandatory settlement conference is scheduled to take place on May 21, 2013 before

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Magistrate Judge Nathanael Cousins, and the parties must file settlement statements by May 14,

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2013. Doc. # 195.

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Under the current pre-trial schedule, fact discovery is scheduled to close on July 26, 2013.

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Doc. # 193. Approximately ninety (90) days remain in the fact discovery period as of the filing of

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this stipulation.

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The Parties agree that the forthcoming ruling on the Renewed Motion for Class Certification

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will have significant implications on (a) any settlement conference or mediation, and (b) the

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remaining fact and expert discovery to be taken in the case, in particular deposition discovery. The

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Parties are thus in agreement that postponing the settlement conference and staying deposition

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discovery until after the Court issues its ruling on class certification is both cost-effective and in the

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interests of judicial efficiency.

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For clarity, the Parties do not seek to stay their ongoing written discovery and do not seek to

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stay their ability to advance ongoing discovery disputes before Judge Beeler (which particularly

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includes the Court’s ability to order a Rule 30(b)(6) deposition). The Parties specifically envision

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that the ninety (90) days currently remaining in the fact discovery period will be preserved and

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-2JOINT STIPULATION FOR A STAY PENDING CLASS CERTIFICATION RULING
Consolidated Case No. CV-10-3118-SBA

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maintained such that the fact discovery cut-off shall be set for at least ninety (90) days from the date

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that any such stay is lifted.

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Accordingly, the Parties request the Court to Order as follows:

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1. The current pre-trial schedule (Doc. # 193) is vacated;

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2. The settlement conference scheduled for May 21, 2013 (Doc. #195) is taken off

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calendar;
3. The parties will engage in a settlement conference or private mediation within thirty

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(30) days after the Court issues a ruling on the Renewed Motion for Class

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Certification;

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4. The parties must file a joint status report and/or proposed revised pretrial schedule 45

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days after the Court issues a ruling on the Renewed Motion for Class Certification;

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5. The case, including all discovery except as provided below, is stayed until and

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through 45 days after the Court issues a ruling on the Renewed Motion for Class

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Certification; and

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6. Discovery that has already been served will not be stayed, including discovery

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pursuant to Judge Beeler’s discovery Orders in this case. The Parties will not serve

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new sets of discovery requests or note percipient witness depositions during the

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pendency of the requested stay.

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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:
The case is PARTIALLY STAYED as set forth above and the pretrial schedule MODIFIED
as set forth herein.

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Date: April 26, 2013

ARNOLD & PORTER LLP
By: /s/ John R. Danos
John R. Danos

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JOHN R. DANOS (CA SBN 210964)
[e-mail]
ARNOLD & PORTER LLP
-3JOINT STIPULATION FOR A STAY PENDING CLASS CERTIFICATION RULING
Consolidated Case No. CV-10-3118-SBA

777 South Figueroa, 44th Floor
Los Angeles, CA 90017-5844
Telephone: [phone]
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: April 26, 2013

HAGENS BERMAN SOBOL SHAPIRO LLP

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By: /s/ Thomas E. Loeser
Thomas E. Loeser

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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]
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
-4JOINT STIPULATION FOR A STAY PENDING CLASS CERTIFICATION RULING
Consolidated Case No. CV-10-3118-SBA

1528 S. El Camino Real, Suite 204
San Mateo, CA 94402
Tel: [phone]
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.

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Dated__5/29________________, 2013

___________________________________
The Honorable Saundra B. Armstrong
United States District Judge

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-5JOINT STIPULATION FOR A STAY PENDING CLASS CERTIFICATION RULING
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: April 26, 2013

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 FOR A STAY PENDING CLASS CERTIFICATION RULING
Consolidated Case No. CV-10-3118-SBA