Wahl v. American Security Insurance Company

Filing 91

STIPULATION AND ORDER RE: 90 AMENDING THE CASE MANAGEMENT SCHEDULING ORDER ENTERED ON AUGUST 5, 2009. Signed by Judge Richard Seeborg on 10/29/09. (rslc2, COURT STAFF) (Filed on 10/29/2009)

*E-Filed 10/29/09*

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Stephen F. Yunker (CSB 110159) YUNKER & SCHNEIDER 655 West Broadway, Suite 1400 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Joseph N. Kravec, Jr. (Admitted pro hac vice) SPECTER SPECTER EVANS & MANOGUE, P.C. The 26th Floor Koppers Building Pittsburgh, Pennsylvania 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] James M. Pietz (Admitted pro hac vice) PIETZ LAW OFFICE Mitchell Building 304 Ross Street, Suite 700 Pittsburgh, Pennsylvania 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff MICHELLE T. WAHL, on behalf of herself and all others similarly situated

Peter S. Hecker (Bar No. 66159) Anna S. McLean (Bar No. 142233) SHEPPARD MULLIN RICHTER AND HAMPTON, LLP Four Embarcadero Center 17th Floor San Francisco, California 94111-4109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Frank Burt (Admitted pro hac vice) Denise A. Fee (Admitted pro hac vice) Dawn B. Williams (Admitted pro hac vice) JORDEN BURT LLP 1025 Thomas Jefferson Street, NW Washington, DC 20007-0805 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Defendant AMERICAN SECURITY INSURANCE COMPANY

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MICHELLE T. WAHL, on behalf of herself and all others similarly situated, Plaintiff, v. AMERICAN SECURITY INSURANCE COMPANY; and DOES 1-50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 1
Stipulation and [Proposed] Order Amending the Case Management Scheduling Order Entered on August 5, 2009 Case No.: C:08-0555-RS

Case No. C:08-0555-RS CLASS ACTION STIPULATION AND [PROPOSED] ORDER AMENDING THE CASE MANAGEMENT SCHEDULING ORDER ENTERED ON AUGUST 5, 2009

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The parties, by their undersigned counsel, hereby submit the following stipulation and [proposed] order for entry by this Court pursuant to Local Rule 7-12: 1. On August 5, 2009, this Court entered a Further Case Management Scheduling Order

(Document 77) providing the parties until October 16, 2009 to complete discovery related to class certification issues. The Court also set November 3, 2009 for the filing of Plaintiff's Motion for Class Certification and Defendant's Motion for Judgment on the Pleadings, with oppositions due on December 4, 2009 and replies due on December 22, 2009. A hearing was set for both motions on January 14, 2010, at 9:30 a.m. 2. On August 27, 2009, Defendant filed a Motion for Protective Order (Document 79)

seeking to limit its production of discovery in response to Plaintiff's document requests and interrogatories. 3. Because any motion filed on or about August 27, 2009 would not have been heard

until early October, 2009 on the normal 35 day motion cycle under Local Rule 7-2(a), just a few days before the October 16, 2009 class certification discovery deadline, the parties requested and the Court approved an expedited hearing on Defendant's Motion for Protective Order, and a hearing on that Motion was held on September 16, 2009. 4. On October 23, 2009, the Court issued an Order Granting In Part And Denying In

Part Defendant's Motion For Protective Order And For Sanctions (Document 89), directing Defendant to produce documents and interrogatory answers Plaintiff sought concerning all lenders for whom Defendant issued lender placed insurance ("LPI") in California. In response to this Order, Defendant has advised that it has approximately 40,000 pages of responsive documents that it will be producing to Plaintiff during the week of November 2, 2009. Plaintiff will, of course, need

sufficient time to review these documents and interrogatory answers determine whether any deposition(s) or other discovery is necessary before presenting her Motion for Class Certification. 5. At the September 16, 2009 hearing, the Court indicated that it would enter an

amended class discovery and motion submission schedule once the Motion for Protective Order was decided. Undersigned Plaintiff's counsel, Joseph N. Kravec, Jr., was subsequently advised by the 2
_________________________________________________________________________________________________ Stipulation and [Proposed] Order Amending the Case Management Scheduling Order Entered on August 5, 2009 Case No.: C:08-0555-RS

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Court's clerk that the parties should confer on an amended schedule and present a proposal to the Court. 6. In that connection, the parties hereby agree to and submit the following stipulation for

an amended schedule for completion of class discovery and for the hearing and briefing on Plaintiff's Motion for Class Certification and Defendant's Motion for Judgment on the Pleadings: 1. On or before January 13, 2009, all class certification discovery shall be Any discovery requests pursuant to Federal Rules of Civil

completed by the parties.

Procedure 33-36 and 45 shall be served far enough in advance so that responses to written discovery shall be due, as provided in said rules, no later than the discovery completion date. All depositions shall be concluded by the discovery completion date. 2. Plaintiff's motion and brief in support of class certification and Defendant's

contemplated Motion for Judgment on the Pleadings shall be filed no later than January 27, 2010. 3. Defendant's opposition to the Motion for Class Certification and Plaintiff's

opposition to the Motion for Judgment on the Pleadings shall be filed no later than February 24, 2010. 4. Plaintiff's reply in support of her Motion for Class Certification and

Defendant's reply in support of its Motion for Judgment on the Pleadings shall be filed no later than March 10, 2010. 5. The Motion for Class Certification and the Motion for Judgment on the

Pleadings shall be heard on March 24, 2010, at 9:30 a.m. in Courtroom 4, 5th Floor, United States Courthouse, 280 S. First Street, San Jose, California.

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_________________________________________________________________________________________________ Stipulation and [Proposed] Order Amending the Case Management Scheduling Order Entered on August 5, 2009 Case No.: C:08-0555-RS

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The Parties respectfully request that the Court enter this Stipulation. Dated: August 26, 2009 AGREED TO BY: SPECTER SPECTER EVANS & MANOGUE, P.C. By: s/ Joseph N. Kravec, Jr. Joseph N. Kravec, Jr. ___ JORDEN BURT LLP By: s/ Frank G. Burt (per e-mail consent) Frank G. Burt Denise A. Fee, Esquire Dawn B. Williams, Esquire 1025 Thomas Jefferson Street, NW Washington, DC 20007-0805 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Peter S. Hecker, Esquire Anna S. McLean, Esquire SHEPPARD MULLIN RICHTER & HAMPTON, LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] ATTORNEYS FOR DEFENDANT

The 26th Floor, Koppers Building Pittsburgh, PA 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] James M. Pietz, Esquire PIETZ LAW OFFICE Mitchell Building 304 Ross Street, Suite 700 Pittsburgh, PA 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Steve Yunker, Esquire YUNKER & SCHNEIDER 655 West Broadway, Suite 1400 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Dated: ______________________, 2009

October 29

_____________________________________ Honorable Richard Seeborg

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_________________________________________________________________________________________________ Stipulation and [Proposed] Order Amending the Case Management Scheduling Order Entered on August 5, 2009 Case No.: C:08-0555-RS