Simpson et al v. Pulte Home Corporation

Filing 30

STIPULATION AND ORDER, Set/Reset Deadlines as to 10 MOTION to Compel Individual Arbitration and Dismiss or Stay Proceedings Pending Aribtration; Memorandum of Points and Authorities. Responses due by 1/31/2012. Replies due by 2/21/2012.. Signed by Judge ARMSTRONG on 1/23/12. (lrc, COURT STAFF) (Filed on 1/25/2012)

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Brian B. Miles, Esq., SBN 191136
Joel M. Westbrook, Esq., SBN 196578
MILES & WESTBROOK
1407 Oakland Blvd., Suite 107
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Alan R. Plutzik, SBN 77785
Robert M. Bramson SBN 102006
BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP
2125 Oak Grove Road, Suite 120
Walnut Creek, California 94598
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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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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MARK and AUREA SIMPSON, JEFF and
MOLLI FUNK, JOE NEITH and CINDY
GOODING, and MINDY NEWBERRY, on
behalf of themselves and all others similarly
situated,

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Plaintiffs,
v.
PULTE HOME CORPORATION, a
corporation; PULTE MORTGAGE, LLC, a
limited liability corporation; and DOES 1
through 30, inclusive,
Defendants.

CASE NO. 11-5376-LB
STIPULATION AND ORDER
EXTENDING TIME FOR FILING
OPPOSITION AND REPLY RE: MOTION
TO COMPEL INDIVIDUAL
ARBITRATION AND DISMISS OR STAY
PROCEEDINGS PENDING
ARBITRATION

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MILES & WESTBROOK
1407 Oakland Blvd.,
Suite 107
WALNUT CREEK, CA 94596

-1STIPULATION AND [PROPOSED] ORDER

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STIPULATION

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Pursuant to Local Rule 7-2 and the Court’s Standing Order, Plaintiffs MARK and

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AUREA SIMPSON, JEFF and MOLLI FUNK, JOE NEITH and CINDY GOODING, and

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MINDY NEWBERRY, and others similarly situated (“Plaintiffs”) and Defendants PULTE

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HOME CORPORATION and PULTE MORTGAGE, LLC (“Defendants”) have met and

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conferred regarding a briefing schedule for the filing of an opposition and reply in connection

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with Defendants’ Motion to Compel Individual Arbitration and Dismiss or Stay Proceedings

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Pending Arbitration (“the Motion”), and hereby stipulate and agree, subject to Court approval, as

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follows:

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WHEREAS, Defendants filed the Motion on November 14, 2011;

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WHEREAS, Defendants served a re-notice of the Motion on November 15, 2011,

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indicating that the Motion is set to be heard on March 13, 2012;
WHEREAS, on November 21, 2011, Plaintiffs met and conferred with Defendants
regarding a mutually acceptable briefing schedule;
WHEREAS, Plaintiffs requested that Defendants agree to extend the deadlines for

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opposing the Motion, and for replying to the opposition thereto, due to the complexity of the

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issues, the fact that the Motion was not scheduled to be heard until March 13, 2012, and because

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of Plaintiffs’ counsels' trial schedules;

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WHEREAS, on November 25, 2011, Defendants granted Plaintiffs a one week extension
to file an opposition to the Motion pending an anticipated agreement on a briefing schedule;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,

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through their undersigned counsel, that any opposition to the Motion shall be filed and served no

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later than January 31, 2012, and that any reply to said opposition shall be filed and served no

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later than February 21, 2012.

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MILES & WESTBROOK
1407 Oakland Blvd.,
Suite 107
WALNUT CREEK, CA 94596

-2STIPULATION AND [PROPOSED] ORDER

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DATED: November 30, 2011

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MILES & WESTBROOK
By

/s/ Joel M. Westbrook
JOEL M. WESTBROOK
Attorneys for Plaintiffs

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DATED: November 30, 2011

DLA PIPER LLP

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By

/s/ Stefanie J. Fogel (as authorized on
November 30, 2011)
STEFANIE J. FOGEL
Attorneys for Defendants
PULTE HOME CORPORATION and
PULTE MORTGAGE, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:1/23/12

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______________________________________
The Honorable Saundra Brown Armstrong
United States District Judge
Northern District of California

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MILES & WESTBROOK
1407 Oakland Blvd.,
Suite 107
WALNUT CREEK, CA 94596

-3STIPULATION AND [PROPOSED] ORDER