Leslie Edward Walker v. DITECH FINANCIAL LLC et al

Filing 52

STIPULATION AND ORDER TO EXTEND DEADLINE RE: INITIAL DISCLOSURES re 51 STIPULATION WITH PROPOSED ORDER to Extend Deadline Re Initial Disclosures filed by DITECH FINANCIAL LLC, Elahe S Walker, Leslie Edward Walker, Residential Credit Solutions, Inc. Signed by Magistrate Judge Kandis A. Westmore on 11/15/16. (sisS, COURT STAFF) (Filed on 11/16/2016)

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TODD A. BOOCK (SBN 181933)
[e-mail]
GALEN A. PHILLIPS (SBN 307644)
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant:
RESIDENTIAL CREDIT SOLUTIONS, INC.

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[ADDITIONAL COUNSEL LISTED IN SIGNATURE
BLOCKS]

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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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LESLIE EDWARD WALKER; ELAHE S.
WALKER,

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Plaintiffs,
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Case No. 4:16-CV-03084-KAW
STIPULATION TO EXTEND DEADLINE
RE INITIAL DISCLOSURES, AND
[PROPOSED] ORDER

v.
Judge:

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DITECH FINANCIAL, LLC; RESIDENTIAL
CREDIT SOLUTIONS, INC.; and DOES 1-10,

Hon. Kandis A. Westmore

Current Initial
Disclosures Date:

November 7, 2016

New Initial
Disclosures Date:

January 6, 2017

Defendants.

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ACTIVE/88530616.2

STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES,
AND [PROPOSED] ORDER

Case No. 4:16-CV-03084-KAW

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Plaintiffs Leslie Edward Walker and Elahe S. Walker (“Plaintiffs”), Defendant Ditech

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Financial, LLC (“Ditech”) and Defendant Residential Credit Solutions, Inc. (“RCS”), (collectively

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“Defendants”) (collectively with Plaintiffs, “Parties”), by and through their counsel, hereby

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stipulate as follows:

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WHEREAS, on June 6, 2016, Plaintiff Edward Walker filed the Complaint in this action;

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WHEREAS, on June 28, 2016, on behalf of RCS and Plaintiffs, Defendant RCS filed a

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Stipulation extending the deadline for RCS to respond to the Complaint to July 29, 2016;

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WHEREAS, on July 20, 2016, Plaintiffs filed the First Amended Complaint (“FAC”);

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WHEREAS, on August 8, 2016, on behalf of RCS and Plaintiffs, Defendant RCS filed a

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Stipulation extending the deadline for RCS to respond to the FAC to August 22, 2016;
WHEREAS, on August 18, 2016, on behalf of Ditech and Plaintiffs, Plaintiffs filed a

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Stipulation and Proposed Order extending the deadlines for the Opposition and Reply to Ditech’s

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Motion to Dismiss to August 31 and September 7, 2016, respectively;

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WHEREAS, on August 30, 2016, this Court issued an order granting Plaintiffs’ Stipulation
extending the deadlines for the Opposition and Reply to Ditech’s Motion to Dismiss;
WHEREAS, on September 8, 2016, on behalf of all parties, Defendant RCS filed a

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Stipulation and Proposed Order extending the deadlines regarding the meet and confer and the

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initial disclosures to September 23 and November 7, 2016, respectively;

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WHEREAS, on September 14, 2016, this Court issued an order granting RCS’s stipulation
extending the deadlines for the meet and confer and the initial disclosures;
WHEREAS, RCS and Ditech separately filed Motions to Dismiss set for hearing on
October 6, 2016;
WHEREAS, on October 6, 2016, this Court issued an order granting Defendants’ Motions
to Dismiss in their entirety, with leave to amend;
WHEREAS, on November 4, 2016, Plaintiffs filed the Second Amended Complaint
(“SAC”);
WHEREAS, the current deadline for the Parties to provide initial disclosures is November
7, 2016;
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STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES,
AND [PROPOSED] ORDER
ACTIVE/88530616.2

Case No. 4:16-CV-03084-KAW

WHEREAS, after the Court’s October 6, 2016 order granting defendants’ Motions to

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Dismiss, there was no operative pleading on file until November 4, 2016;

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WHEREAS, the pleadings are not yet settled in this case;

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WHEREAS, defendants have just received and are beginning to digest and analyze the

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SAC;
WHEREAS, it is in the interest of judicial economy and preservation of the Court’s and

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the parties’ resources for the parties to temporarily hold off on initial disclosures, until the parties

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have a better idea which claims remain at issue;
WHEREAS, no party will suffer any prejudice as a result of this Stipulation;

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WHEREAS, the Parties met and conferred on November 3 and 4, 2016, regarding

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extending the initial disclosure deadline;
WHEREAS, this Stipulation is without prejudice to, or waiver of, any rights or defenses

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otherwise available to the Parties in this action.

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STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES,
AND [PROPOSED] ORDER
ACTIVE/88530616.2

Case No. 4:16-CV-03084-KAW

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NOW THEREFORE, the Parties hereby stipulate and agree as follows:

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1. The deadline for each party to provide initial disclosures is extended until and

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including January 6, 2017.

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SO STIPULATED.

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Respectfully submitted,
Dated: November 7, 2016

By:

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/s/ Todd A. Boock
TODD A. BOOCK
[e-mail]
GALEN A. PHILLIPS
[e-mail]
GOODWIN PROCTER LLP
Attorneys for Defendant
RESIDENTIAL CREDIT SOLUTIONS, INC.

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Dated: November 7, 2016

By:

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Attorneys for Plaintiffs:
LESLIE EDWARD WALKER and ELAHE S.
WALKER

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/s/ Nicole Cherones
DAVID L. SMART
[e-mail]
NICOLE CHERONES
[e-mail]
SMART LAW OFFICES

Dated: November 7, 2016

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By:

/s/ Lindsey E. Kress
REGINA J. MCCLENDON (SBN 184669)
[e-mail]
LINDSEY E. KRESS (SBN 278213)
[e-mail]
LOCKE LORD LLP
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant:
DITECH FINANCIAL LLC

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STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES,
AND [PROPOSED] ORDER
ACTIVE/88530616.2

Case No. 4:16-CV-03084-KAW

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[PROPOSED] ORDER

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Upon review of the Parties’ stipulation, and good cause appearing, IT IS HEREBY

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ORDERED as follows:

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1. The deadline for each party to provide initial disclosures is extended until and
including January 6, 2017.

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11/15
Dated: _________________________, 2016

HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES,
AND [PROPOSED] ORDER
ACTIVE/88530616.2

Case No. 4:16-CV-03084-KAW