Leslie Edward Walker v. DITECH FINANCIAL LLC et al
Filing
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STIPULATION AND ORDER re 72 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 1/10/17. (sis, COURT STAFF) (Filed on 1/10/2017)
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TODD A. BOOCK (SBN 181933)
tboock@goodwinlaw.com
GALEN A. PHILLIPS (SBN 307644)
gphillips@goodwinlaw.com
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017
Tel.: +1 213 426 2500
Fax.: +1 213 623 1673
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 and 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;
[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:
January 6, 2017
New Initial
Disclosures Date:
March 6, 2017
Defendants.
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STIPULATION TO EXTEND DEADLINE RE
INITIAL DISCLOSURES, AND 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”);
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STIPULATION TO EXTEND DEADLINE RE
INITIAL DISCLOSURES, AND ORDER
Case No. 4:16-CV-03084-KAW
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WHEREAS, on November 7, 2016, on behalf of all parties, Defendant RCS filed a
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Stipulation and Proposed Order extending the deadlines regarding the initial disclosures to January
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6, 2017;
WHEREAS, on November 16, 2016, this Court issued an order granting RCS’s stipulation
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extending the deadlines for the initial disclosures;
WHEREAS, RCS and Ditech subsequently filed separate Motions to Dismiss the SAC, set
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for hearing on February 2, 2017;
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WHEREAS, the pleadings are not yet settled in this case;
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WHEREAS, the current deadline for the Parties to provide initial disclosures is January 6,
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2017;
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, if any, remain at issue;
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WHEREAS, no party will suffer any prejudice as a result of this Stipulation;
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WHEREAS, the Parties met and conferred on January 4, 2017, regarding extending the
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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 ORDER
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 March 6, 2017.
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SO STIPULATED.
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Respectfully submitted,
Dated: January 6, 2017
By:
/s/ Todd A. Boock
TODD A. BOOCK (SBN 181933)
tboock@goodwinlaw.com
GALEN A. PHILLIPS (SBN 307644)
gphillips@goodwinlaw.com
GOODWIN PROCTER LLP
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Attorneys for Defendant
RESIDENTIAL CREDIT SOLUTIONS, INC.
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Dated: January 6, 2017
By:
/s/ Nicole Cherones
DAVID L. SMART (SBN 262533)
dsmart@thesmartlawoffices.com
NICOLE CHERONES (SBN 249281)
ncherones@thesmartlawoffices.com
SMART LAW OFFICES
8880 Cal Center Drive, Suite 400
Sacramento, CA 95826
Tel.: 916.361.6020
Fax: 916.361.6021
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Attorneys for Plaintiffs:
LESLIE EDWARD WALKER and ELAHE S.
WALKER
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Dated: January 6, 2017
By:
/s/ Lindsey E. Kress
REGINA J. MCCLENDON (SBN 184669)
rmcclendon@lockelord.com
LINDSEY E. KRESS (SBN 278213)
lkress@lockelord.com
LOCKE LORD LLP
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
Tel.: 415.318.8810
Fax: 415.676.5816
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Attorneys for Defendant:
DITECH FINANCIAL LLC
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STIPULATION TO EXTEND DEADLINE RE
INITIAL DISCLOSURES, AND ORDER
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, PURSUANT TO
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STIPULATION, IT IS SO ORDERED as follows:
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1. The deadline for each party to provide initial disclosures is extended until and
including March 6, 2017.
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Dated: _________________________, 2017
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE
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STIPULATION TO EXTEND DEADLINE RE
INITIAL DISCLOSURES, AND ORDER
Case No. 4:16-CV-03084-KAW
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