Ibrahim et al v. MortgageIT Inc et al

Filing 41

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 5/29/2012. Motions due by 9/11/2012. Pretrial Conference set for 1/15/2013 01:00 PM before Hon. Saundra Brown Armstrong. Jury Selection set for 1/28/2013 08:30 AM before Hon. Saundra Brown Armstrong. Jury Trial set for 1/28/2013 08:30 AM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 1/24/12. (lrc, COURT STAFF) (Filed on 1/25/2012)

1 BRYAN CAVE LLP
Robert E. Boone III, California Bar No. 132780
2 Ori Edelstein, California Bar No. 268145
2 Embarcadero Center, Suite 1410
3 San Francisco, CA 94111
Telephone:
[phone]
[phone]
4 Facsimile:
Email:
[e-mail]
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Attorneys for Defendant
6 BANK OF NEW YORK CORPORATION
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

Bryan Cave LLP
Two Embarcadero Center, Suite 1410
201 Clay Street
San Francisco, CA 94111-3907

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Khawil and Salma Ibrahim, Individuals,

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Plaintiff,
v.

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MortgageIt, Inc., a New York Corporation,
14 and Bank of New York Corporation, a New
York corporation; and Does 1 through 100,
15 inclusive,
Defendants.

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Case No. 3:11-cv-00802-SBA
JOINT STIPULATION REQUESTING
CONTINUANCE OF PRE-TRIAL AND
TRIAL DATES; [PROPOSED] ORDER

Honorable Saundra Brown Armstrong
Complaint Filed:
Trial Date:

February 19, 2010
September 24, 2012

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SF01DOCS\60348.1
JT STIPULATION TO CONTINUE PRE-TRIAL AND TRIAL DATES
Case No. 3:11-cv-00802-SBA

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Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiffs KHAWIL IBRAHIM and SALMA

2 IBRAHIM (“Plaintiffs”), and Defendant BANK OF NEW YORK CORPORATION (collectively
3 the “Parties”) submit this stipulation requesting an order continuing the trial date and all
4 corresponding pre-trial deadlines.
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WHEREAS, the current pre-trial dates and deadlines are as follows:
A.

Discovery cut-off February 29, 2012.

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B.

Expert Designation February 29, 2012.

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C.

Rebuttal disclosure March 14, 2012.

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D.

Expert Discovery completion April 11, 2012.

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E.

Hearing on all motions including dispositive motions June 15, 2012 .

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Bryan Cave LLP
Two embarcadero center, suite 1410
201 Clay street
San Francisco, CA 94111

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F.

Settlement Conferences before a Magistrate Judge in July 2012.

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G.

The Pretrial Conference September 18, 2012.

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H.

Pretrial Preparations and Documents August 21, 2012.

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Motions in Limine and Objections to Evidence August 28, 2012 .

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Responses to motions in limine or objections to evidence September 4, 2012.

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K.

Replies to motions in limine or objections to evidence September 11, 2012 .

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L.

Trial Date September 24, 2012.

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WHEREAS, the parties are in discussions regarding the evaluation of Plaintiffs for a

19 possible loan modification, and the Parties need additional time to complete this review.
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WHEREAS, the parties have a mediation scheduled for February 22, 2012, only a week
21 before the discovery cut-off.
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WHEREAS, all parties believe that the extension of time will facilitate early settlement of
23 this matter, including the loan modification review process.
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WHEREAS, this Stipulation is the first request by either party in this case to continue the
25 Trial Date and trial-related dates.
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SF01DOCS\60348.1
JT STIPULATION TO CONTINUE PRE-TRIAL
AND TRIAL DATES
Case No. 3:11-cv-00802-SBA

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JOINT STIPULATION

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NOW, THEREFORE, Plaintiffs, and Defendant Bank of New York Corporation, by and

3 through their respective counsel of record, hereby agree and request this Court to continue all pre4 trial and trial dates by three months as listed below:
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A.

Discovery cut-off from February 29, 2012 to May 29, 2012.

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B.

Expert Designation from February 29, 2012 to May 29, 2012.

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C.

Rebuttal disclosure from March 14, 2012 to June 14, 2012.

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D.

Expert Discovery completion from April 11, 2012 to July 11, 2012.

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E.

Hearing on all motions including dispositive motions from June 15, 2012 to on or

10 before September 14, 2012.
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F.

Settlement Conferences before a Magistrate Judge from the month of July 2012 to

12 the month of October 2012.
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G.

The Pretrial Conference from September 18, 2012 to December 18, 2012.

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H.

Pretrial Preparations and Documents from August 21, 2012 to November 21, 2012.

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I.

Motions in Limine and Objections to Evidence from August 28, 2012 to November

16 28, 2012.
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J.

Responses to motions in limine or objections to evidence from September 4, 2012

18 to November 26, 2012.
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K.

Replies to motions in limine or objections to evidence from September 11, 2012 to

20 December 3, 2012.
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L.

Trial Date from September 24, 2012 to December 17, 2012 or as soon as thereafter

22 as the Court’s schedule allows.
23 Dated:
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January 19, 2012

DE LA PEÑA & HOLIDAY LLP

By: /s/ Bonnie L. Portis__________
Bonnie L. Portis
Attorneys for Plaintiffs
KHAWIL IBRAHIM and SALMA IBRAHIM

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SF01DOCS\60348.1

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JT STIPULATION TO CONTINUE PRE-TRIAL
AND TRIAL DATES
Case No. 3:11-cv-00802-SBA

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Dated:

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January 23, 2012

BRYAN CAVE LLP
By: /s/ Ori Edelstein_______
Ori Edelstein
Attorneys for Defendant
BANK OF NEW YORK CORPORATION

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SF01DOCS\60348.1

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JT STIPULATION TO CONTINUE PRE-TRIAL
AND TRIAL DATES
Case No. 3:11-cv-00802-SBA

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[PROPOSED] ORDER

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Bryan Cave LLP
Two embarcadero center, suite 1410
201 Clay street
San Francisco, CA 94111

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Having reviewed the Stipulation of Plaintiffs Khalil Ibrahim and Salma Ibrahim
(“Plaintiffs”), and Defendant Bank of New York Corporation, and good cause appearing, IT IS
ORDERED THAT the pre-trial and trial dates to be extended by three months as listed below:
A.

Discovery cut-off shall be May 29, 2012.

B.

Expert Designation shall occur on or before May 29, 2012.

C.

Rebuttal disclosure shall occur on or before June 14, 2012.

D.

Expert Discovery completion shall occur on or before July 11, 2012.

E.

Hearing on all motions including dispositive motions shall occur on or before

September 11, 2012. September 14, 2012.
F.

Settlement Conferences before a Magistrate Judge shall occur in the month of

October 2012.
G.

The Pretrial Conference shall occur on January 15, 2013 at 1:00 p.m. December

18, 2012.
H.

Pretrial Preparations and Documents shall be due on or before November 20, 2012.

November 21, 2012.
I.

Motions in Limine and Objections to Evidence shall be due on or before

November 27, 2012. November 28, 2012.
J.

Responses to motions in limine or objections to evidence shall be due on or before

December 4, 2012. November 26, 2012.
K.

Replies to motions in limine or objections to evidence shall be due on or before

December 7, 2012. December 3, 2012.
L.

Trial (5-day jury) Date shall commence on January 28, 2013 at 8:30 a.m.be

December 17, 2012 or as soon as thereafter as the Court’s schedule allows.

26 Dated: 1-24-12
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Honorable Saundra Brown Armstrong

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SF01DOCS\60348.1
JT STIPULATION TO CONTINUE PRE-TRIAL
AND TRIAL DATES
Case No. 3:11-cv-00802-SBA