Amparan v. Plaza Home Mortgage, Inc.

Filing 184

STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION re 183 . Signed by Judge Jeremy Fogel on 6/21/11. (dlm, COURT STAFF) (Filed on 7/8/2011)

1 BROOKS R. BROWN (SBN 250724)
[e-mail]

2 STEVEN A. ELLIS (SBN 171742)
[e-mail]

LLP
3 GOODWIN PROCTER st

601 S. Figueroa Street, 41 Floor

4 Los Angeles, California 90017
Tel.: [phone]

5 Fax: [phone]
6 ROBERT B. BADER (SBN 233165)
[e-mail]

7 GOODWIN PROCTER LLP

Three Embarcadero Center, 24th Floor

8 San Francisco, California 94111
Tel.: [phone]

9 Fax: [phone]
10 Attorneys for Defendants Named As:

“Countrywide Home Loans, Inc.” and

11 “Countrywide Bank, FSB”
12 [Additional counsel on signature page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

16 ENEIDA AMPARAN, RAFAEL CISNEROS
and GUADALUPE CISNEROS, individually
17 and on behalf of all others similarly situated,
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Plaintiffs,
v.

Case No. C-07-04498 JF (PSG)
JOINT STIPULATION AND ORDER RE:
ADJOURNING CASE DEADLINES
PENDING MEDIATION
Judge:

Hon. Jeremy Fogel

20 PLAZA HOME MORTGAGE, INC.;
WASHINGTON MUTUAL MORTGAGE
21 SECURITIES CORP.; WAMU ASSET
ACCEPTANCE CORP.; COUNTRYWIDE

22 HOME LOANS, INC.; COUNTRYWIDE
BANK, FSB; and DOES 5 through 10 inclusive,
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Defendants.

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Pursuant to Fed. R. Civ. P. 6(b), Plaintiffs Eneida Amparan, Rafael Cisneros and
Guadalupe Cisneros (“Plaintiffs”), and defendants named as “Countrywide Home Loans, Inc.”
(“CHL”), “Countrywide Bank, FSB” (“Countrywide Bank”) (collectively, CHL and Countrywide
Bank are referred to herein as “Countrywide”); “Plaza Home Mortgage Inc.” (“Plaza Home”);
“Washington Mutual Mortgage Securities Corp.” (“WMMSC”) and “WAMU Asset Acceptance
Corp.” (“WAAC”) (collectively, WMMSC and WAAC are referred to herein as “WaMu”)
(Countrywide, Plaza Home and WAMU are collectively referred to herein as “Defendants," and
together, with Plaintiffs, the “Parties”) hereby jointly stipulate and request that this Court
temporarily adjourn the case deadlines in this case pending the outcome of settlement discussions.
In support of this Joint Stipulation, the Parties state as follows:
1.

This is a putative class action brought by Plaintiffs against Defendants, asserting

claims for fraudulent omissions and violation of the UCL in connection with payment option loans
made by Plaza Home that were later purchased by Countrywide and/or WaMu.
2.

By Minute Order dated March 18, 2011 (“Order”) (Dkt. No. 182), this Court set

October 28, 2011 as the date for the hearing on Plaintiffs’ class certification motion. The Parties
later agreed to a schedule for expert disclosures and a class certification briefing schedule,
including an August 19, 2011 deadline for Plaintiffs’ class certification motion, a September 16,
2011 deadline for Defendants’ oppositions, and an October 14, 2011 deadline for Plaintiffs’ reply
submissions.
3.

This case is one of several pending putative class actions brought by Plaintiffs’

counsel asserting the same claims and legal theories for recovery in the California state and federal
courts against various defendants, including Countrywide. See Avila v. OneWest Bank, FSB, No.
CV08-0419 AG (CTx) (C.D. Cal.); Baker v. Aegis Wholesale Corp., No. 4:09-cv-05280 PJH
(N.D. Cal.); Love v. First Mortgage Corp., No. G044630 (Cal. Court of Appeal); Ralston v.
Mortgage Investors Group, Inc., No. Case No. 08-CV-00536 JF (PVT) (N.D. Cal.); Rohrmann v.
First Metropolitan Funding Corp., No. SACV 08-0313 AG (CTx) (C.D. Cal.); Romero v.

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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Countrywide Home Loans, Inc., No. 5:07-cv-04491-JF (N.D. Cal.); Thibault v. American
Mortgage Network, Inc., No. H036620 (Cal. Court of Appeal).
4.

In Ralston, plaintiff filed his class certification motion on May 20, 2011, seeking to

certify a class of more than 168,000 borrowers who obtained payment option loans from more
than 1,200 correspondent lenders (including Plaza Home) that were later purchased by CHL
(including the loan made by Plaza Home to the Cisneroses that is the subject of this action).
5.

The parties in Ralston have agreed to explore a potential resolution of the matter

with the assistance of a third-party mediator, and have scheduled a mediation for August 2, 2011.
In light of the pending mediation, the parties in Ralston jointly requested that this Court extend the
pending class certification briefing and hearing deadlines. This Court approved that stipulation by
Order on June 6, 2011 (Dkt. No. 254).
6.

In light of the extension of the deadlines in the Ralston case to allow for settlement

discussions, and because of the overlap between Ralston and this case, the Parties respectfully
request that this Court (a) temporarily adjourn the class certification briefing and other deadlines,
including the August 19, 2011 deadline for Plaintiffs’ class certification motion, the September 16,
2011 deadline for Defendants’ oppositions, the October 14, 2011 deadline for Plaintiffs’ reply
submissions and the October 28, 2011 class certification hearing date; and (b) permit the Parties to
file a Joint Status Report with the Court on or before August 15, 2011 advising the Court as to the
status of the settlement discussions and, if necessary, proposing new class certification briefing
deadlines and a new class certification hearing date.
7.

The Parties agree that, if new class certification briefing deadlines are necessary,

the filing date for Plaintiffs’ class certification motion shall be no sooner than sixty (60) days after
the conclusion of the temporary adjournment of the deadlines, and the Parties shall be allowed to
conduct pre-certification discovery during that time.
8.

The Parties respectfully submit that there is good cause for this joint request. The

requested temporary adjournment will conserve the Parties’ and this Court’s resources and avoid
the potentially unnecessary expenditure of attorneys’ fees and other litigation costs while the

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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parties in Ralston explore the possibility of a settlement. See Fed. R. Civ. P. 1 (federal rules
“should be construed and administered to secure the just, speed, and inexpensive determination of
every action and proceeding”).
9.

No party will be prejudiced by the requested temporary suspension.

10.

No prior extension or adjustment of the deadlines set forth in the Order has been

sought by the Parties.
WHEREFORE, for all the foregoing reasons, the Parties jointly request that this Court (a)
temporarily adjourn the case deadlines, including the August 19, 2011 deadline for Plaintiffs’ class
certification motion, the September 16, 2011 deadline for Defendants’ oppositions, the October
14, 2011 deadline for Plaintiffs’ reply submissions and the October 28, 2011 class certification
hearing date; and (b) permit the Parties to file a Joint Status Report with the Court on or before
August 15, 2011 advising the Court as to the status of the settlement discussions in Ralston and, if
necessary, proposing new class certification briefing deadlines and a new class certification
hearing date.

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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Respectfully submitted,
Dated: June 20, 2011

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Robert B. Bader
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendants Named As:
“Countrywide Home Loans, Inc.” and
“Countrywide Bank, FSB”

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14 Dated: June 20, 2011
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/s/ Brooks R. Brown
Brooks R. Brown
[e-mail]
Steven A. Ellis
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, California 90017
Tel.: [phone]
Fax: [phone]

/s/ John D. Alessio
John D. Alessio
[e-mail]
PROCOPIO, CORY, HARGREAVES &
SAVITCH, LLP
525 B Street, Ste. 2200
San Diego, California 92191
Tel: [phone]
Fax: [phone]
Attorneys for Defendant:
Plaza Home Mortgage, Inc.

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

1 Dated: June 20, 2011
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/s/ Stephen R. Meinertzhagen
Stephen R. Meinertzhagen (Admitted Pro Hac
Vice)
[e-mail]
Leann Pedersen Pope (Admitted Pro Hac Vice)
[e-mail]
BURKE, WARREN, MACKAY &
SERRITELLA, P.C.
330 North Wabash Avenue, 22nd Floor
Chicago, Illinois 60611-3607
Tel.: [phone]
Fax: [phone]
Shannon Z. Petersen
[e-mail]
Robert S. Beall
[e-mail]
SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
650 Town Center Drive, 4th Floor
Costa Mesa, California 92626-1993
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendants:
Washington Mutual Mortgage Securities
Corporation and WaMu Asset Acceptance Corp.

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15 Dated: June 20, 2011

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/s/ Lee A. Weiss
Lee A. Weiss (admitted pro hac vice)
[e-mail]
BROWNE WOODS GEORGE LLP
626 RXR Plaza
Uniondale, NY 11556
Telephone: [phone]
Facsimile: [phone]

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-and-

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Michael Bowse (SBN 189659)
[e-mail]
BROWNE WOODS GEORGE LLP
2121 Avenue of the Stars, Suite 2400
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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David M. Arbogast (SBN 167571)
[e-mail]
Jeffrey K. Berns (SBN 131351)
[e-mail]
ARBOGAST & BERNS LLP
6303 Owensmouth Avenue, 10th Floor
Woodland Hills, CA 91367-2263
Telephone: [phone]
Facsimile: [phone]
Jennie Anderson (SBN 203586)
[e-mail]
ANDRUS ANDERSON LLP
155 Montgomery Street, 9th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Jonathan Shub (SBN 237708)
SEEGER WEISS LLP
1515 Market Street, Suite 1380
Philadelphia, PA 19107
Telephone: [phone]
Facsimile: [phone]

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Christopher A. Seeger (admitted pro hac vice)
SEEGER WEISS LLP
One William Street
New York, New York 10004
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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ORDER
Upon consideration of the Parties’ Stipulation and having good cause therefore, IT IS

3 HEREBY ORDERED that (a) the deadlines in the case are adjourned, including the August 19,
4 2011 deadline for Plaintiffs’ class certification motion, the September 16, 2011 deadline for
5 Defendants’ oppositions, the October 14, 2011 deadline for Plaintiffs’ reply submissions and the
6 October 28, 2011 class certification hearing date; and (b) the Parties are to file a Joint Status
7 Report with the Court on or before August 15, 2011 advising the Court as to the status of the
8 settlement discussions and, if necessary, proposing new class certification briefing deadlines and a
9 new class certification hearing date.
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IT IS ORDERED.
6/21
Dated: ________________, 2011

________________________________
HON. JEREMY FOGEL
United States District Judge

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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ECF CERTIFICATION
Pursuant to General Order No. 45, § X.B., the filing attorney attests that he has obtained

3 concurrence regarding the filing of this document from the signatories to the document.
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Dated: June 20, 2011

GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, California 90017

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By: /s/ Brooks R. Brown

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Attorneys for Defendants:
Countrywide Bank, FSB and Countrywide
Home Loans, Inc.

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)

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PROOF OF SERVICE

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I certify that this document filed through the ECF system will be sent

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electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)

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and paper copies will be sent to those indicated as non registered participants on this June 20,

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2011.

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/s/ Brooks R. Brown
Brooks R. Brown

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JOINT STIPULATION AND ORDER RE: ADJOURNING CASE DEADLINES PENDING MEDIATION
Case No. C-07-04498 JF (PSG)