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

Filing 375

ORDER APPROVING 374 JOINT STIPULATION AND ORDER RE: CASE MANAGEMENT CONF. & PENDING SETTLEMENT. The Case Management Conference set for 7/17/2012 is CONTINUED to 12/14/2012. Signed by Judge Jeremy Fogel on 7/11/2012. (jflc2, COURT STAFF) (Filed on 7/11/2012)

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BROOKS R. BROWN (SBN 250724)
[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]
THOMAS M. HEFFERON (pro hac vice)
[e-mail]
GOODWIN PROCTER LLP
Washington, DC 20001
Tel.: [phone]
Fax: [phone]
ROBERT B. BADER (SBN 233165)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendant
Countrywide Home Loans, Inc.

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[additional counsel listed on signature pages]

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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 MANAGEMENT
CONF. & PENDING SETTLEMENT
DISCUSSIONS
Courtroom:
Judge:

3 - 5th Floor
Hon. Jeremy Fogel

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & 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 reset the Case

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Management Conference currently set for July 17, 2012 to a date convenient for the Court after

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December 10, 2012.

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In support of this Joint Stipulation, the parties state as follows:

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1.

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

claims for violation of the UCL.
2.

By Minute Order dated May 22, 2012 (“Clerk's Notice”) (Dkt. No. 373) this Court set

a Case Management Conference (“CMC”) for July 17, 2012.
3.

Plaintiff and Defendants have agreed to explore a potential resolution of this matter

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with the assistance of a third-party mediator, Randall Wulff of Wulff Quinby Sochynsky, and have

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scheduled a two day mediation for November 28 and December 5, 2012. These mediation dates

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were the first available to Mr. Wulff, the parties and the parties’ counsel.

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4.

In light of the pending mediation, the parties jointly request that this Court reschedule

the July 17, 2012 CMC for a date to be determined after December 10, 2012.
5.

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

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the requested brief extension of the CMC date and related deadlines will permit Plaintiff and

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Defendants to devote their attention and resources to preparing for and participating in the

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mediation. Churchill Village, L.L.C. v. General Electric, 361 F.3d 566 (9th Cir. 2004) (there is a

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strong judicial policy that favors class action settlements); Class Plaintiffs v. City of Seattle, 955

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F.2d 1268, 1276 (9th Cir. 1992) (same). And, second, the requested extension will conserve the

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parties’ and this Court’s resources and avoid the potentially unnecessary expenditure of attorneys’

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fees and other litigation costs while the parties explore the possibility of a settlement. See Fed. R.

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Civ. P. 1 (federal rules “should be construed and administered to secure the just, speed, and

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inexpensive determination of every action and proceeding”). No party will be prejudiced by the

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requested extensions.
-1JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & PENDING SETTLEMENT DISCUSSIONS

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

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6.

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 reset
the Case Management Conference to a date convenient for the Court after December 10, 2012.

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Respectfully submitted,
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Dated: July 10, 2012

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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]

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THOMAS M. HEFFERON (pro hac vice)
[e-mail]
GOODWIN PROCTER LLP
901 New York Avenue, N.W.
Washington, DC 20001
Tel.: [phone]
Fax: [phone]

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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 Defendant:
Countrywide Home Loans, Inc.

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Dated: July 10, 2012
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By: /s/ Roland P. Reynolds
ROLAND P. REYNOLDS
[e-mail]
PALMER, LOMBARDI & DONOHUE LLP
888 West 6th Street, 12th Floor
Los Angeles, CA 90017
Tel. [phone]
Fax. [phone]
Attorneys for Defendants: Mortgage Investors
Group, Inc. and Mortgage Investors Group

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-2JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & PENDING SETTLEMENT DISCUSSIONS

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

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Dated: July 10, 2012

By: /s/ Jeffrey K. Berns
JEFFREY K. BERNS
[e-mail]
LEE WEISS
BERNS WEISS, LLP
20700 Ventura Blvd. Suite 140
Woodland Hills, CA 91364
Tel. [phone]
Fax. [phone]
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]
Attorneys for Plaintiff: Jay J. Ralston

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-3JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & 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 the Case Management Conference currently set for July 17, 2012 be

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continued to December ______ 2012.

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IT IS ORDERED.

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Dated: ________________, 2012

________________________________
HON. JEREMY FOGEL
United States District Judge

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-4-

JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & PENDING SETTLEMENT DISCUSSIONS

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

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ATTESTATION OF SIGNATURE
(N.D. CAL. GENERAL ORDER NO. 45)

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Pursuant to N.D. Cal. General Order No. 45 § X(B), I hereby attest under penalty of
perjury that concurrence in the filing of this document has been obtained by all the signatories on
July 10, 2012.

/s/ Brooks R. Brown
Brooks R. Brown

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-5JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & PENDING SETTLEMENT DISCUSSIONS

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

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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 July 10, 2012.

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/s/ Brooks R. Brown
Brooks R. Brown

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-6JOINT STIPULATION AND [PROPOSED] ORDER RE:
CASE MGMT. CONF. & PENDING SETTLEMENT DISCUSSIONS

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