Guitron et al v. Wells Fargo Bank, N.A. et al

Filing 33

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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1 2 3 4 5 6 7 8 9 10 11 12 13 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 14 15 16 Attorneys for Defendants WELLS FARGO BANK, N.A., WELLS FARGO & CO. AND PAM RUBIO 17 UNITED STATES DISTRICT COURT 18 FOR THE NORTHERN DISTRICT OF CALIFORNIA 19 20 CASE NO. CIV-10-03461 CW (MEJ) YESENIA GUITRON; and JUDI KLOSEK, 21 PARTIES' STIPULATION AND ORDER TO EXTEND FACT DISCOVERY AND DISPOSITIVE MOTION CUT-OFF DATES AND THE TIME TO COMPLETE ADR Plaintiffs, 22 23 24 25 26 v. WELLS FARGO BANK, N.A.; WELLS FARGO & CO.; PAM RUBIO; and DOES 120, Defendants. 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE TIME TO COMPLETE ADR -1- 1 Plaintiffs YESENIA GUITRON and JUDI KLOSEK and Defendants WELLS FARGO 2 BANK, N.A., WELLS FARGO & CO. and PAM RUBIO (collectively, “Defendants”) stipulate, 3 as follows: WHEREAS, disputes have arisen between the parties relating to various discovery issues 4 that have delayed the completion of the parties' noticed depositions; 5 6 7 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; 8 WHEREAS, the parties still have to complete at least fifteen days of deposition; 9 WHEREAS, the fact discovery cut-off date in this action currently is August 5, 2011 and 10 the motion cut-off date is October 13, 2011; WHEREAS, the parties need an additional 60 days to complete their depositions and all 11 12 13 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; 14 15 WHEREAS, the parties had agreed to mediate this case with the Court-appointed mediator, G. Scott Emblidge, on June 21, 2011. 16 17 WHEREAS, the parties believe that mediation will only be successful after substantive discovery has been conducted in this case; 18 WHEREAS, the parties have been meeting and conferring regarding several discovery 19 disputes that have delayed the completion of the discovery the parties believe is necessary to 20 engage in a successful mediation; WHEREAS, the parties have contacted Mr. Emblidge to schedule an alternative, later 21 date for the mediation before September 30, 2011; 22 THEREFORE, the parties stipulate and ask the Court to grant a 60-day extension of the 23 fact discovery and motion cut-off dates, as well as an extension to September 30, 2011, of the 24 date by which the parties must comply with the court-appointed mediation. 25 /// 26 /// 27 /// 28 /// STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE TIME TO COMPLETE ADR -2- 1 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD: 2 3 Dated: July 1, 2011 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 4 5 By: (-) Alexander Nestor ALEXANDER NESTOR Attorneys for Defendants WELLS FARGO BANK, N.A., WELLS FARGO & CO. AND PAM RUBIO 6 7 8 9 10 Dated: July 1, 2011 PERETZ & ASSOCIATES 11 By: (-) Yosef Peretz YOSEF PERETZ Attorneys for Plaintiffs YESENIA GUITRON and JUDI KLOSEK 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE TIME TO COMPLETE ADR -3- 1 ORDER 2 3 4 Pursuant to the parties' Stipulation, and Good Cause appearing therefor, the Court hereby orders as follows: 5 1) The fact discovery cut-off date is continued from August 5, 2011, to October 5, 2011; 6 2) The motion cut-off date and further case management conference are continued 7 from October 13, 2011, to December 15, 2011; and 3) The date by which the parties must complete their ADR session is continued from 8 July 1, 2011, to September 30, 2011. 9 10 IT IS SO ORDERED. This delay may lead to a delay of the pretrial and trial dates. 11 12 13 July 8 Dated: __________, 2011 By:____________________________ THE HON. CLAUDIA WILKEN U.S. DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY AND MOTION CUT-OFF DATES AND THE TIME TO COMPLETE ADR cc: ADR -4-

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