Amparan v. Plaza Home Mortgage, Inc.

Filing 221

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 220 STIPULATION WITH PROPOSED ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE filed by Eneida Amparan, Guadalupe Cisneros, Rafael Cisneros. Motion Deadline 5/10/2013. Joint Case Mana gement Statement due by 5/10/2013. Case Management Conference set for 5/17/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose. This is the final continuance of the Case Management Conference. All parties shall be personally present at the conference scheduled for May 17, 2013, unless it is vacated in advance. Requests for telephonic appearance will not be considered. **4/19/2013 CMC Deadlines terminated. Signed by Judge Edward J. Davila on 4/16/2013. (ecg, COURT STAFF) (Filed on 4/16/2013)

1 Lee A. Weiss (admitted pro hac vice)
[e-mail]
2 BERNS WEISS, LLP
585 Stewart Avenue, Suite L-20
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Garden City, New York 11530
4 Telephone: [phone]
Facsimile: [phone]
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-and6
7 Jeffrey K. Berns (SBN 131351)
[e-mail]
8 BERNS WEISS, LLP
20700 Ventura Boulevard, Suite 140
9 Woodland Hills, CA 91364
Telephone: [phone]
10 Facsimile: [phone]
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[additional counsel listed on signature page]
Attorneys for Plaintiffs and all others similarly situated
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

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ENEIDA AMPARAN, RAFAEL CISNEROS
16 and GUADALUPE CISNEROS, individually
and on behalf of all others similarly situated,
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Plaintiffs,
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v.
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PLAZA HOME MORTGAGE, INC.;
20 WASHINGTON MUTUAL MORTGAGE
SECURITIES CORP.; WAMU ASSET
21 ACCEPTANCE CORP.; and DOES 5 through
10 inclusive,
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Defendants.
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Case No. 5:07-CV-04498-EJD
JOINT STIPULATION AND [PROPOSED]
ORDER TO RESCHEDULE CASE
MANAGEMENT CONFERENCE
Current date:
Proposed date:
Time:
Courtroom:
Judge:

April 19, 2013
May 17, 2013
10:00 a.m.
Courtroom 4, 5th Floor
Hon. Edward J. Davila

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JOINT STIPULATION TO
RESCHEDULE CASE MANAGEMENT CONFERENCE

CASE NO. 5:07-CV-04498-EJD

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Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6-1(b), plaintiffs Eneida

2 Amparan, Rafael Cisneros, and Guadalupe Cisneros (“Plaintiffs”), and defendant Plaza Home
3 Mortgage, Inc. (“Plaza Home” or “Defendant”) (together, with Plaintiffs, the “Parties”), through
4 their undersigned counsel, stipulate as follows:
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WHEREAS, by Order dated April 27, 2012 (Dkt. No. 200), this Court dismissed

6 defendants Countrywide Home Loans, Inc. and Countrywide Bank, FSB;
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WHEREAS, by Order dated October 1, 2012 (Dkt. No. 209), this Court dismissed

8 defendants Washington Mutual Mortgage Securities Corp. and WaMu Asset Acceptance Corp.;
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WHEREAS, by Order dated November 28, 2012 (Dkt. No. 214), this Court continued the

10 Case Management Conference in this matter to March 1, 2013 at 10:00 a.m. and stayed the case
11 until then, so that the parties could attempt to resolve the case through mediation;
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WHEREAS, on January 29, 2013, the Parties participated in a mediation with mediator

13 Ross R. Hart;
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WHEREAS, the Parties agreed to a settlement and on February 19, 2013 requested

15 additional time to finalize a settlement agreement, and to prepare and file a motion for preliminary
16 approval;
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WHEREAS, this Court continued the Case Management Conference from March 1, 2013

18 to April 19, 2013,
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WHEREAS, the parties have been working diligently on the settlement agreement, but

20 need an additional extension of four weeks to finalize the settlement agreement and to file a
21 motion for preliminary approval for the settlement;
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WHEREAS, no Party will be prejudiced by the relief requested in this Notice of Settlement

23 and Stipulation; and
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WHEREAS, this Notice of Settlement and Stipulation is without prejudice to, or waiver of,

25 any rights or defenses otherwise available to the Parties in this action;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs,

27 by their undersigned counsel, and Defendant, by their undersigned counsel, that, subject to the
28 approval of this Court:
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JOINT STIPULATION TO
RESCHEDULE CASE MANAGEMENT CONFERENCE

CASE NO. 5:07-CV-04498-EJD

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(1) the Case Management Conference set for April 19, 2013 shall be continued to May 17,
2013 at 10:00 a.m.;

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(2) the Parties shall submit a full Joint Case Management Statement in compliance with

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Civil L.R. 16-9 and the Standing Order for All Judges of the Northern District of

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California on or before May 10, 2013;

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(3) if the Parties file a motion for preliminary approval of their settlement on or before
May 10, 2013, then the Case Management Conference shall be taken off calendar; and
(4) the proceedings in this action shall remain stayed in their entirety.

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Respectfully submitted,

10 Dated: April 11, 2013
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/s/ Lee A. Weiss
Lee A. Weiss (admitted pro hac vice)
[e-mail]
BERNS WEISS, LLP
585 Stewart Avenue, Suite L-20
Garden City, New York 11530
Telephone: [phone]
Facsimile: [phone]
-andJeffrey K. Berns (SBN 131351)
[e-mail]
BERNS WEISS LLP
20700 Ventura Boulevard, Suite 140
Woodland Hills, CA 91364
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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22 Dated: April 11, 2013
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/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 TO
RESCHEDULE CASE MANAGEMENT CONFERENCE

CASE NO. 5:07-CV-04498-EJD

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ECF CERTIFICATION

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Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained

4 concurrence regarding the filing of this document from the signatories to the document.
5 Dated: April 11, 2013
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/s/ Lee A. Weiss
Lee A. Weiss (admitted pro hac vice)
[e-mail]
BERNS WEISS, LLP
585 Stewart Avenue, Suite L-20
Garden City, New York 11530
Telephone: [phone]
Facsimile: [phone]

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JOINT STIPULATION TO
RESCHEDULE CASE MANAGEMENT CONFERENCE

CASE NO. 5:07-CV-04498-EJD

[PROPOSED] ORDER

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Pursuant to the Joint Notice of Settlement and Stipulation of counsel and for good cause

3 shown, IT IS HEREBY ORDERED that:
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(1) the Case Management Conference is continued to May 17, 2013 at 10:00 a.m.;
(2) the Parties shall submit a full Joint Case Management Statement in compliance with
Civil L.R. 16-9 and the Standing Order for All Judges of the Northern District of
California on or before May 10, 2013;
(3) if the Parties file a motion for preliminary approval of their settlement on or before
May 10, 2013, then the Case Management Conference shall be taken off calendar; and
(4) the proceedings in this action shall remain stayed in their entirety.
(5) this is the final continuance of the Case Management Conference. All parties
shall be personally present at the conference scheduled for May 17, 2013, unless it
isIT IS SO ORDERED Requests for telephonic appearance will not be considered.
vacated in advance.

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April 15
Dated: ______________, 2013

______________________________________
Judge Edward J. Davila
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER RE: JOINT STIPULATION TO
RESCHEDULE CASE MANAGEMENT CONFERENCE

CASE NO. 5:07-CV-04498-EJD