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

Filing 254

JOINT STIPULATION AND ORDER RE: CASE DEADLINES AND PENDING SETTLEMENT DISCUSSIONS (approving 253 ). The Motion Hearing re Class Certification set for July 29, 2011 is CONTINUED to 10/14/2011 at 9:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Signed by Judge Jeremy Fogel on 6/6/2011. (jflc2, COURT STAFF) (Filed on 6/6/2011)

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**E-Filed 6/6/2011**

DAVID M. ARBOGAST
[e-mail]
JEFFREY K. BERNS
[e-mail]
ARBOGAST & BERNS LLP
6303 Owensmouth Ave., 10th Floor
Woodland Hills, CA 91367-2263
Tel. [phone]
Fax. [phone]

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LORI E. ANDRUS
[e-mail]
JENNIE LEE ANDERSON
[e-mail]
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, CA 94104
Tel. [phone]
Fax. [phone]

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[Additional Counsel Listed on Signature Block]

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Attorneys for Plaintiff and Proposed Classes

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JAY RALSTON, individually and on behalf of
all others similarly situated,

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Plaintiff,
v.
MORTGAGE INVESTORS GROUP, INC.;
MORTGAGE INVESTORS GROUP, a
general partnership; COUNTRYWIDE HOME
LOANS, INC.; and DOES 3-10,

Case No. 5:08-CV-00536-JF (PSGx)
JOINT STIPULATION AND -------------------[PROPOSED]
ORDER RE: CASE DEADLINES
PENDING SETTLEMENT DISCUSSIONS
Courtroom:
Judge:
Magistrate:

3 - 5th Floor
Hon. Jeremy Fogel
Hon. Paul Singh Grewal

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS

5:08-CV-00536-JF (PSGx)

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JOINT STIPULATION AND ORDER RE: CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS
Pursuant to Fed. R. Civ. P. 6(b), Jay J. Ralston (“Plaintiff”) and defendants Countrywide

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Home Loans, Inc. (“CHL”), Mortgage Investors Group, Inc., and Mortgage Investors Group

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(collectively, “Defendants”) hereby jointly stipulate and request the Court to extend the class

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certification briefing deadlines and hearing in this case in order to permit them to explore a potential

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resolution of this litigation in a mediation with the Honorable Edward A. Infante (Ret.) scheduled for

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August 2, 2011. In support of this Joint Stipulation, the parties state as follows:
1.

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

claims for fraudulent omissions and violation of the UCL.
2.

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By Minute Order dated February 11, 2011 (“Order”) (Dkt. No. 214) (adopting

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Defendants’ proposed case schedule in Dkt. No. 208), this Court set various deadlines for class

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certification briefing, including a May 20, 2011 deadline for Plaintiff’s class certification motion, a

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June 17, 2011 deadline for Defendants’ opposition, and a July 15, 2011 deadline for Plaintiff’s reply

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submissions.
3.

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certification motion.
4.

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In the Order, this Court also set July 29, 2011 as the hearing date for Plaintiff’s class

Plaintiff filed his class certification motion on May 20, 2011, and thereafter filed a

corrected class certification motion on May 25, 2011.
5.

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Plaintiff and CHL have agreed to explore a potential resolution of this matter with the

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assistance of a third-party mediator, Judge Infante of JAMS, and have scheduled a mediation for

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August 2, 2011. This mediation date was the first available to Judge Infante, the parties and the

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parties’ counsel.

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6.

In light of the pending mediation, the parties jointly request that this Court (a) extend

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Defendants’ deadline to file their class certification opposition submissions from June 17, 2011 to

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August 30, 2011; (b) extend Plaintiff’s deadline to file his reply submissions from July 15, 2011 to

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September 30, 2011; and (c) reschedule the July 29, 2011 class certification hearing to October 14,

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2011.

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS

5:08-CV-00536-JF (PSGx)

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7.

The parties respectfully submit that there is good cause for this joint request. First,

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the requested brief extension of deadlines will permit Plaintiff and CHL to devote their attention and

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resources to preparing for and participating in the mediation. Churchill Village, L.L.C. v. General

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Electric, 361 F.3d 566 (9th Cir. 2004) (there is a strong judicial policy that favors class action

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settlements); Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1276 (9th Cir. 1992) (same). And,

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second, the request extension will conserve the parties’ and this Court’s resources and avoid the

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potentially unnecessary expenditure of attorneys’ fees and other litigation costs while parties explore

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the possibility of a settlement. See Fed. R. Civ. P. 1 (federal rules “should be construed and

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administered to secure the just, speed, and inexpensive determination of every action and

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proceeding”).

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8.

No party will be prejudiced by the requested extensions.

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9.

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

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sought by the parties.
10.

WHEREFORE, for all the foregoing reasons, the parties jointly request that this Court

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(a) extend Defendants’ deadline to file their class certification opposition submissions from June 17,

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2011 to August 30, 2011; (b) extend Plaintiff’s deadline to file his reply submissions from July 15,

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2011 to September 30, 2011; and (c) reschedule the July 29, 2011 class certification hearing to

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October 14, 2011.
Respectfully submitted

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Dated: June 4, 2011

By: /s/ Jeffrey K. Berns
DAVID M. ARBOGAST
[e-mail]
JEFFREY K. BERNS
[e-mail]
ARBOGAST & BERNS LLP
6303 Owensmouth Ave., 10th Floor
Woodland Hills, CA 91367-2263
Tel. [phone]
Fax. [phone]

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS

5:08-CV-00536-JF (PSGx)

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LORI E. ANDRUS
[e-mail]
JENNIE LEE ANDERSON
[e-mail]
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, CA 94104
Tel. [phone]
Fax. [phone]

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GERSON HARRY SMOGER
[e-mail]
STEVEN MICHAEL BRONSON
[e-mail]
SMOGER & ASSOCIATES, P.C.
3175 Monterey Blvd.
Oakland, CA 94602
Tel.: [phone]
Fax: [phone]

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MICHAEL BOWSE
[e-mail]
BROWNE WOODS GEORGE LLP
2121 Avenue of the Stars, Suite 2400
Los Angeles, California 90067
Tel: [phone]
Fax: [phone]

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LEE A. WEISS
[e-mail]
BROWNE WOODS GEORGE LLP
626 RXR Plaza
Uniondale, NY 11556
Tel.: [phone]
Fax: [phone]

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J. MARK MOORE
[e-mail]
SPIRO MOSS LLP
11377 W. Olympic Boulevard, 5th Floor
Los Angeles, CA 90064-1683
Tel. [phone]
Fax. [phone]

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JONATHAN SHUB
[e-mail]
SEEGER WEISS LLP
1515 Market Street, Suite 1380
Philadelphia, PA 19102
Tel: [phone]
Fax: [phone]

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS

5:08-CV-00536-JF (PSGx)

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MARK R. CUKER
[e-mail]
WILLIAMS CUKER BEREZOFSKY
1515 Market Street, Suite 1300
Philadelphia, PA 19102
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff: Jay J. Ralston

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Dated: June 4, 2011

/s/Brooks R. Brown
BROOKS R. BROWN
[e-mail]
STEVEN A. ELLIS
[e-mail]
THOMAS M. HEFFERON (pro hac vice)
[e-mail]
ROBERT B. BADER
[e-mail]
GOODWIN PROCTER LLP

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Attorneys for Defendant:
Countrywide Home Loans, Inc.

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Dated: June 4, 2011

By: /s/Roland P. Reynolds
ROLAND P. REYNOLDS
[e-mail]
RUSSELL G. GOMM
[e-mail]
PALMER, LOMBARDI & DONOHUE LLP
888 West 6th Street, 12th Floor
Los Angeles, CA 90017
Tel. [phone]
Fax. [phone]

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Attorneys for Defendants: Mortgage Investors
Group, Inc. and Mortgage Investors Group

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS

5:08-CV-00536-JF (PSGx)

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ORDER

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

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HEREBY ORDERED that (a) Defendants’ deadline to file their opposition submissions is extended

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from June 17, 2011 to August 30, 2011; (b) Plaintiff’s deadline to file his reply submissions is

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extended from July 15, 2011 to September 30, 2011; and (c) the class certification hearing is

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rescheduled from July 29, 2011 to October 14, 2011.

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IT IS ORDERED.
June 6
Dated: ________________, 2011

________________________________
HON. JEREMY FOGEL
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS

5:08-CV-00536-JF (PSGx)