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

Filing 297

ORDER APPROVING 295 STIPULATION EXTENDING TIME FOR COUNTRYWIDE HOME LOANS, INC. TO FILE REPLY BRIEFS IN SUPPORT OF MOTION TO EXCLUDE THE TESTIMONY OF LEONARD H. LYONS AND MOTION TO STRIKE PORTIONS OF JESSICA MOYS DECLARATION INSUPPORT OF PLAINTIFFS CORRECTED MOTION FOR CLASS CERTIFICATION, AND FOR PLAINTIFF TO FILE REPLY IN SUPPORT OF CORRECTED MOTION FOR CLASS CERTIFICATION. Signed by Judge Jeremy Fogel on 9/27/2011. (jflc2, COURT STAFF) (Filed on 9/27/2011)

**E-Filed 9/27/2011**

1 BROOKS R. BROWN (SBN 250724)
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[e-mail]
STEVEN A. ELLIS (SBN 171742)
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017
Tel.: [phone]
Fax: [phone]

6 THOMAS M. HEFFERON (pro hac vice)
[e-mail]

7 GOODWIN PROCTER LLP
Washington, DC 20001

8 Tel.: [phone]
Fax: [phone]

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ROBERT B. BADER (SBN 233165)

10 [e-mail]

GOODWIN PROCTER LLP

11 Three Embarcadero Center, 24th Floor
San Francisco, California 94111

12 Tel.: [phone]
Fax: [phone]

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Attorneys for Defendant

14 Countrywide Home Loans, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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

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v.
MORTGAGE INVESTORS GROUP, INC.;

22 MORTGAGE INVESTORS GROUP, a general
partnership; COUNTRYWIDE HOME LOANS,
23 INC. AND DOES 3-10,
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Defendants.

Case No. 08-CV-00536 JF (PSG)
ORDER APPROVING
STIPULATION EXTENDING TIME FOR
COUNTRYWIDE HOME LOANS, INC.
TO FILE REPLY BRIEFS IN SUPPORT
OF MOTION TO EXCLUDE THE
TESTIMONY OF LEONARD H. LYONS
AND MOTION TO STRIKE PORTIONS
OF JESSICA MOY’S DECLARATION IN
SUPPORT OF PLAINTIFF’S
CORRECTED MOTION FOR CLASS
CERTIFICATION, AND FOR PLAINTIFF
TO FILE REPLY IN SUPPORT OF
CORRECTED MOTION FOR CLASS
CERTIFICATION
Courtroom: 3 - 5th Floor
Judge:
Hon. Jeremy Fogel

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

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STIPULATION EXTENDING TIME FOR COUNTRYWIDE HOME LOANS, INC. TO FILE REPLY
BRIEFS IN SUPPORT OF MOTION TO EXCLUDE THE TESTIMONY OF LEONARD H. LYONS AND
MOTION TO STRIKE PORTIONS OF JESSICA MOY’S DECLARATION IN SUPPORT OF PLAINTIFF’S
CORRECTED MOTION FOR CLASS CERTIFICATION, AND FOR PLAINTIFF TO FILE REPLY IN
SUPPORT OF CORRECTED MOTION FOR CLASS CERTIFICATION

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Pursuant to Civil Local Rules 6-2 and 7-12, plaintiff Jay Ralston (“Plaintiff”), and

5 defendant Countrywide Home Loans, Inc. (“CHL”) (together, with Plaintiff, the “Parties”),
6 through their undersigned counsel, stipulate as follows:
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WHEREAS, on May 25, 2011, Plaintiff filed a Corrected Motion for Class Certification

8 (“Class Motion”) (Dkt. No. 243);
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WHEREAS, on August 30, 2011, CHL filed an Opposition to the Class Motion (Dkt. No.

10 271);
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WHEREAS, on August 30, 2011, CHL filed a Motion to Exclude the Testimony of

12 Leonard H. Lyons (Dkt. No. 275) and a Motion to Strike Portions of Jessica Moy’s Declaration in
13 Support of Plaintiff’s Corrected Motion for Class Certification (Dkt. No. 274) (collectively, the
14 “Motions”);
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WHEREAS, on September 13, 2011, Plaintiff filed Oppositions to the Motions (Dkt. Nos.

16 288, 292);
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WHEREAS, under Civil Local Rule 7-3(c), CHL’s Replies in support of the Motions

18 currently are due on September 20, 2011;
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WHEREAS, Plaintiff’s Reply in support of the Class Motion currently is due on

20 September 30, 2011 (Dkt. No. 254);
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WHEREAS, on September 13, 2011, this Court moved the hearing date on the Class

22 Motion and CHL’s Motions from October 14, 2011 to December 9, 2011 (Dkt. No. 287);
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WHEREAS, in light of the short period to file replies and the fact that the Court moved the

24 hearing date, CHL requested, and Plaintiff agreed, to extend the time for CHL to file its Replies by
25 one week to September 27, 2011;
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WHEREAS, contemporaneous with CHL’s request to extend the time to file its Replies,

27 Plaintiff requested, and CHL agreed, to extend the time for Plaintiff to file his Reply in support of
28 the Class Motion by two weeks to October 14, 2011;
-1STIPULATION EXTENDING TIME TO FILE REPLY BRIEFS
CASE NO. 5:08-CV-00536-JF (PSG)

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WHEREAS, no trial date has been set;

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WHEREAS, the requested time modifications will not have any effect on the schedule for

3 the case;
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WHEREAS, this Stipulation is without prejudice to, or waiver of, any rights or defenses

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

7 by his undersigned counsel, and CHL, by its undersigned counsel, that, subject to the approval of
8 the Court, (1) CHL shall file its Replies in support of the Motions on or before September 27,
9 2011, and (2) Plaintiff shall file his Reply in support of the Class Motion on or before October 14,
10 2011.
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Respectfully submitted,

12 Dated: September 20, 2011

/s/ Brooks R. Brown
Brooks R. Brown
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017

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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.

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-2STIPULATION EXTENDING TIME TO FILE REPLY BRIEFS
CASE NO. 5:08-CV-00536-JF (PSG)

1 Dated: September 20, 2011

/s/ David M. Arbogast
Lori E. Andrus
[e-mail]
Jennie Lee Anderson
[e-mail]
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, CA 94104

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David M. Arbogast
[e-mail]
Jeffrey K. Berns
[e-mail]
ARBOGAST & BERNS LLP
6303 Owensmouth Ave., 10th Floor
Woodland Hills, CA 91367

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Attorneys for Plaintiff:
Jay Ralston

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------------------- ORDER
[PROPOSED]
PURSUANT TO STIPULATION, IT IS SO ORDERED

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9/27/2011
Dated: _____________________

_______________________________
Judge Jeremy Fogel

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-3STIPULATION EXTENDING TIME TO FILE REPLY BRIEFS
CASE NO. 5:08-CV-00536-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: September 20, 2011

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

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By: /s/ Brooks R. Brown

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Attorneys for Defendant:
Countrywide Home Loans, Inc.

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

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PROOF OF SERVICE

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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 September
20, 2011.

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/s/ Brooks R. Brown
Brooks R. Brown

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