Guitron et al v. Wells Fargo Bank, N.A. et al
Filing
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ORDER Granting 31 Stipulation TO EXTEND FACT DISCOVERY AND DISPOSITIVE MOTION CUT-OFF DATES AND THE TIME TO COMPLETE ADR. Case Management Statement due by 12/8/2011. Further Case Management Conference set for 12/15/2011 02:00 PM. Motion Hearing set for 12/15/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 7/8/2011. (ndr, COURT STAFF) (Filed on 7/8/2011)
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Yosef Peretz (SBN 209288)
Emily A. Knoles (SBN 241671)
Michael D. Burstein (SBN 248516)
PERETZ & ASSOCIATES
22 Battery Street, Suite 202
San Francisco, CA 94111
Telephone: 415.732.3777
Facsimile: 415.372.3791
Attorneys for Plaintiffs
YESENIA GUITRON and JUDI KLOSEK
Baldwin J. Lee (Bar No. 187413)
Alexander Nestor (Bar No. 202795)
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
Phone: (415) 837-1515
Fax: (415) 837-1516
E-Mail:blee@allenmatkins.com
anestor@allenmatkins.com
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Attorneys for Defendants
WELLS FARGO BANK, N.A., WELLS FARGO & CO. AND
PAM RUBIO
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CASE NO. CIV-10-03461 CW (MEJ)
YESENIA GUITRON; and JUDI KLOSEK,
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PARTIES' STIPULATION AND
ORDER TO EXTEND FACT
DISCOVERY AND DISPOSITIVE
MOTION CUT-OFF DATES AND THE
TIME TO COMPLETE ADR
Plaintiffs,
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v.
WELLS FARGO BANK, N.A.; WELLS
FARGO & CO.; PAM RUBIO; and DOES 120,
Defendants.
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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE
TIME TO COMPLETE ADR
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Plaintiffs YESENIA GUITRON and JUDI KLOSEK and Defendants WELLS FARGO
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BANK, N.A., WELLS FARGO & CO. and PAM RUBIO (collectively, “Defendants”) stipulate,
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as follows:
WHEREAS, disputes have arisen between the parties relating to various discovery issues
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that have delayed the completion of the parties' noticed depositions;
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WHEREAS, in an effort to resolve the parties’ disputes, the parties have met and
conferred in person and in writing, and have reached sufficient resolution to the disputes such
that the depositions can now go forward;
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WHEREAS, the parties still have to complete at least fifteen days of deposition;
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WHEREAS, the fact discovery cut-off date in this action currently is August 5, 2011 and
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the motion cut-off date is October 13, 2011;
WHEREAS, the parties need an additional 60 days to complete their depositions and all
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fact discovery;
WHEREAS, the parties intend to participate in mediation in good faith pursuant to the
Court's January 18, 2011 Case Management Conference Order;
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WHEREAS, the parties had agreed to mediate this case with the Court-appointed
mediator, G. Scott Emblidge, on June 21, 2011.
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WHEREAS, the parties believe that mediation will only be successful after substantive
discovery has been conducted in this case;
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WHEREAS, the parties have been meeting and conferring regarding several discovery
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disputes that have delayed the completion of the discovery the parties believe is necessary to
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engage in a successful mediation;
WHEREAS, the parties have contacted Mr. Emblidge to schedule an alternative, later
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date for the mediation before September 30, 2011;
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THEREFORE, the parties stipulate and ask the Court to grant a 60-day extension of the
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fact discovery and motion cut-off dates, as well as an extension to September 30, 2011, of the
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date by which the parties must comply with the court-appointed mediation.
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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE
TIME TO COMPLETE ADR
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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD:
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Dated: July 1, 2011
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
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By: (-) Alexander Nestor
ALEXANDER NESTOR
Attorneys for Defendants WELLS
FARGO BANK, N.A., WELLS FARGO
& CO. AND PAM RUBIO
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Dated: July 1, 2011
PERETZ & ASSOCIATES
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By: (-) Yosef Peretz
YOSEF PERETZ
Attorneys for Plaintiffs YESENIA
GUITRON and JUDI KLOSEK
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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE
TIME TO COMPLETE ADR
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ORDER
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Pursuant to the parties' Stipulation, and Good Cause appearing therefor, the Court
hereby orders as follows:
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1) The fact discovery cut-off date is continued from August 5, 2011, to October 5, 2011;
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2) The motion cut-off date and further case management conference are continued
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from October 13, 2011, to December 15, 2011; and
3) The date by which the parties must complete their ADR session is continued from
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July 1, 2011, to September 30, 2011.
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IT IS SO ORDERED. This delay may lead to a delay of the pretrial and trial dates.
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July 8
Dated: __________, 2011
By:____________________________
THE HON. CLAUDIA WILKEN
U.S. DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE
TIME TO COMPLETE ADR
cc: ADR
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