Ralston .v Mortgage Investors Group, Inc., et.al.

Filing 232

ORDER Approving Stipulation 231 . Signed by Judge Paul S. Grewal on March 23, 2011. (psglc2, COURT STAFF) (Filed on 3/23/2011)

Ralston .v Mortgage Investors Group, Inc., et.al.

Doc. 232

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

2 STEVEN A. ELLIS (SBN 171742) 3 GOODWIN PROCTER LLP 4 Los Angeles, CA 90017
Tel.: [phone] S. Figueroa Street, 41st Floor

5 Fax: [phone] THOMAS M. HEFFERON (pro hac vice)
[e-mail] Washington, DC 20001 Fax: [phone]

7 GOODWIN PROCTER LLP 8 Tel.: [phone]
ROBERT B. BADER (SBN 233165) GOODWIN PROCTER LLP San Francisco, California 94111 Fax: [phone]

10 [e-mail]

11 Three Embarcadero Center, 24th Floor 12 Tel.: [phone]
Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. 08-CV-00536 JF (PSG) STIPULATION EXTENDING TIME TO FILE BRIEFS RE DEADLINE TO COMPLETE DOCUMENT PRODUCTION PURSUANT TO DISCOVERY ORDER; ORDER Courtroom: 5, 4th Floor Judge: Hon. Paul Singh Grewal Filed Herewith: 1. Declaration of Robert B. Bader

14 Countrywide Home Loans, Inc. 15 16 17

18 JAY RALSTON, individually and on behalf of all others similarly situated, 19 20 21
v. MORTGAGE INVESTORS GROUP, INC.; Plaintiff,

22 MORTGAGE INVESTORS GROUP, a general partnership; COUNTRYWIDE HOME LOANS, 23 INC. AND DOES 3-10, 24 25 26 27 28
STIPULATION EXTENDING TIME TO FILE BRIEFS CASE NO. 5:08-CV-00536-JF (PSG)

Defendants.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION EXTENDING TIME TO FILE BRIEFS RE: DEADLINE TO COMPLETE PRODUCTION PURSUANT TO DISCOVERY ORDER Pursuant to Local Rules 6-2 and 7-12, plaintiff Jay Ralston ("Plaintiff"), and defendant Countrywide Home Loans, Inc. ("CHL") (together, with Plaintiff, the "Parties"), through their undersigned counsel, stipulate as follows: WHEREAS, on December 23, 2010, this Court granted Plaintiff's motion to compel ("Discovery Order"); WHEREAS, on January 26, 2011, this Court granted CHL's motion to stay compliance with the Discovery Order ("Stay Order") pending Judge Fogel's ruling on CHL's Fed. R. Civ. P. 72(a) objection ("Rule 72(a) Objection"); WHEREAS, in the Stay Order, this Court ordered the Parties to (a) promptly meet and confer regarding CHL's deadline to complete its production of documents and information under the Discovery Order after Judge Fogel issued his ruling on CHL's Rule 72(a) Objection to the Discovery Order, or (b) in the event the Parties cannot agree on a deadline, to submit briefs setting forth their positions regarding the production deadline within five (5) court days after Judge Fogel's ruling; WHEREAS, on March 14, 2011, Judge Fogel denied CHL's Rule 72(a) Objection; WHEREAS, the Parties' briefs currently are due on March 21, 2011; WHEREAS, the Parties were prepared to meet and confer regarding the production deadline on March 18, 2011, but CHL's counsel responsible for the meet and confer ­ Steven A. Ellis ­ was unexpectedly called away from the office due to a death in his family and thus was not available to handle the meet and confer; WHEREAS, as a result of the unforeseen and unfortunate circumstances affecting Mr. Ellis and certain additional scheduling conflicts affecting CHL's other counsel, CHL requested, and Plaintiff agreed, to schedule the meet and confer for March 22, 2011 and to extend the time for filing briefs concerning the production deadline by two (2) days to March 23, 2011; WHEREAS, no trial date has been set; WHEREAS, this Stipulation is without prejudice to, or waiver of, any rights or defenses

-1STIPULATION EXTENDING TIME TO FILE BRIEFS CASE NO. 5:08-CV-00536-JF (PSG)

1 otherwise available to the Parties in this action; 2
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff,

3 by his undersigned counsel, and CHL, by its undersigned counsel, that, subject to the approval of 4 the Court, the Parties shall file their briefs concerning CHL's production deadline no later than 5 March 23, 2011. 6 7 Dated: March 21, 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION EXTENDING TIME TO FILE BRIEFS CASE NO. 5:08-CV-00536-JF (PSG)

Respectfully submitted, /s/ Brooks R. Brown Brooks R. Brown [e-mail] GOODWIN PROCTER LLP 601 S. Figueroa Street, 41st Floor Los Angeles, CA 90017 Thomas M. Hefferon [e-mail] GOODWIN PROCTER LLP Washington, DC 20001 Robert B. Bader [e-mail] GOODWIN PROCTER LLP Three Embarcadero Center, 24th Floor San Francisco, California 94111 Attorneys for Defendant Countrywide Home Loans, Inc. Dated: March 21, 2011 /s/ Jennie Lee Anderson Lori E. Andrus [e-mail] Jennie Lee Anderson [e-mail] ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 David M. Arbogast [e-mail] Jeffrey K. Berns [e-mail] ARBOGAST & BERNS LLP 6303 Owensmouth Ave., 10th Floor Woodland Hills, CA 91367 Attorneys for Plaintiff: Jay Ralston

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Dated: March 23, 2011

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED

_______________________________ Magistrate Judge Paul Singh Grewal

-3STIPULATION EXTENDING TIME TO FILE BRIEFS CASE NO. 5:08-CV-00536-JF (PSG)

1 2

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. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION EXTENDING TIME TO FILE BRIEFS CASE NO. 5:08-CV-00536-JF (PSG)

Dated: March 21, 2011

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

By: /s/ Brooks R. Brown Attorneys for Defendant: Countrywide Home Loans, Inc.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE I further certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on March 21, 2011. /s/ Brooks R. Brown Brooks R. Brown

-1STIPULATION EXTENDING TIME TO FILE BRIEFS CASE NO. 5:08-CV-00536-JF (PSG)