Leslie Edward Walker v. DITECH FINANCIAL LLC et al

Filing 73

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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1 2 3 4 5 6 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. 7 8 [ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCKS] 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 LESLIE EDWARD WALKER and ELAHE S. WALKER, 13 Plaintiffs, 14 Case No. 4:16-CV-03084-KAW STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES; [PROPOSED] ORDER v. Judge: 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES, AND ORDER Case No. 4:16-CV-03084-KAW 1 Plaintiffs Leslie Edward Walker and Elahe S. Walker (“Plaintiffs”), defendant Ditech 2 Financial, LLC (“Ditech”) and defendant Residential Credit Solutions, Inc. (“RCS”), (collectively 3 “Defendants”) (collectively with Plaintiffs, “Parties”), by and through their counsel, hereby 4 stipulate as follows: 5 WHEREAS, on June 6, 2016, Plaintiff Edward Walker filed the Complaint in this action; 6 WHEREAS, on June 28, 2016, on behalf of RCS and Plaintiffs, Defendant RCS filed a 7 Stipulation extending the deadline for RCS to respond to the Complaint to July 29, 2016; 8 WHEREAS, on July 20, 2016, Plaintiffs filed the First Amended Complaint (“FAC”); 9 WHEREAS, on August 8, 2016, on behalf of RCS and Plaintiffs, Defendant RCS filed a 10 11 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 12 Stipulation and Proposed Order extending the deadlines for the Opposition and Reply to Ditech’s 13 Motion to Dismiss to August 31 and September 7, 2016, respectively; 14 15 16 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 17 Stipulation and Proposed Order extending the deadlines regarding the meet and confer and the 18 initial disclosures to September 23 and November 7, 2016, respectively; 19 20 21 22 23 24 25 26 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”); 27 28 1 STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES, AND ORDER Case No. 4:16-CV-03084-KAW 1 WHEREAS, on November 7, 2016, on behalf of all parties, Defendant RCS filed a 2 Stipulation and Proposed Order extending the deadlines regarding the initial disclosures to January 3 6, 2017; WHEREAS, on November 16, 2016, this Court issued an order granting RCS’s stipulation 4 5 extending the deadlines for the initial disclosures; WHEREAS, RCS and Ditech subsequently filed separate Motions to Dismiss the SAC, set 6 7 for hearing on February 2, 2017; 8 WHEREAS, the pleadings are not yet settled in this case; 9 WHEREAS, the current deadline for the Parties to provide initial disclosures is January 6, 10 2017; WHEREAS, it is in the interest of judicial economy and preservation of the Court’s and 11 12 the parties’ resources for the parties to temporarily hold off on initial disclosures, until the parties 13 have a better idea which claims, if any, remain at issue; 14 WHEREAS, no party will suffer any prejudice as a result of this Stipulation; 15 WHEREAS, the Parties met and conferred on January 4, 2017, regarding extending the 16 initial disclosure deadline; WHEREAS, this Stipulation is without prejudice to, or waiver of, any rights or defenses 17 18 otherwise available to the Parties in this action. 19 20 /// 21 22 /// 23 24 /// 25 26 /// 27 28 /// 2 STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES, AND ORDER Case No. 4:16-CV-03084-KAW 1 NOW THEREFORE, the Parties hereby stipulate and agree as follows: 2 1. The deadline for each party to provide initial disclosures is extended until and 3 including March 6, 2017. 4 5 SO STIPULATED. 6 7 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 8 9 10 Attorneys for Defendant RESIDENTIAL CREDIT SOLUTIONS, INC. 11 12 13 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 14 15 16 17 18 Attorneys for Plaintiffs: LESLIE EDWARD WALKER and ELAHE S. WALKER 19 20 21 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 22 23 24 25 26 Attorneys for Defendant: DITECH FINANCIAL LLC 27 28 3 STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES, AND ORDER Case No. 4:16-CV-03084-KAW 1 [PROPOSED] ORDER 2 Upon review of the Parties’ stipulation, and good cause appearing, PURSUANT TO 3 STIPULATION, IT IS SO ORDERED as follows: 4 5 6 1. The deadline for each party to provide initial disclosures is extended until and including March 6, 2017. 7 8 1/10 Dated: _________________________, 2017 HON. KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES, AND ORDER Case No. 4:16-CV-03084-KAW

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