Spears et al v. Washington Mutual, Inc. et al

Filing 124

STIPULATION AND ORDER staying briefing and continuing hearing date on 97 plaintiffs' motion for jurisdictional discovery. Motion hearing continued to 12/16/2008, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 10/21/2008. (hrllc2, COURT STAFF) (Filed on 10/21/2008)

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MARGARET A. KEANE (State Bar No. 255378) [e-mail] KRIS H. MAN (State Bar No. 246008) *ORDER E-FILED 10/21/2008* [e-mail] DEWEY & LEBOEUF LLP One Embarcadero Center Suite 400 San Francisco, CA 94111-3619 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LSI APPRAISAL, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SIDNEY SCHOLL and FELTON A. SPEARS, JR., on behalf of themselves and all others similarly situated, v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 5:08-CV-00868 (RMW) CLASS ACTION STIPULATION AND [PROPOSED] XXXXXXXX ORDER RE: STAYING BRIEFING AND ADJOURNING HEARING DATE FOR MOTION FOR JURISDICTIONAL DISCOVERY

WASINGTON MUTUAL, INC., a Washington corporation; WASHINGTON MUTUAL BANK, FA (aka WASHINGTON MUTUAL BANK); FIRST AMERICAN EAPPRAISEIT, a Delaware corporation; and LENDER'S SERVICE, INC., Defendants.

WHEREAS, on June 25, 2008, Plaintiffs filed their Motion for Jurisdictional Discovery, which Judge Whyte referred to Magistrate Lloyd for disposition, and subsequently, on October 3, 2008, filed a Rescheduled Notice for the Motion for Jurisdictional Discovery in light of Judge Whyte's entry of a stay until October 17, 2008, rescheduling the hearing date for such Motion before Judge Lloyd to November 18, 2008 at 10:00 a.m.;

Stipulation and Proposed Order re Motion for Jurisdictional Discovery Case No. 5:08-CV-00868

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WHEREAS, by minute order of August 15, 2008, Judge Whyte set the hearing on Defendants' Motions to Dismiss Plaintiffs' First Amended Complaint on October 17, 2008, at 9:00 a.m.; WHEREAS, on August 20, 2008, Judge Whyte ordered a case management conference in this matter to be held on October 17, 2008, at 10:30 a.m.; WHEREAS, on September 25, 2008, Washington Mutual Bank was closed by the Office of Thrift Supervision and the Federal Deposit Insurance Corporation ("FDIC") was appointed receiver of the Bank. JPMorgan Chase & Co. on the same day acquired all deposits, assets and certain liabilities of Washington Mutual Bank's banking operations from the FDIC, effective immediately; WHEREAS, as a result of these events, counsel for Washington Mutual Bank has informed the parties that counsel is uncertain as to who will represent Washington Mutual Bank or its successor in this litigation; WHEREAS, parties have conferred and agree that, in light of Washington Mutual Bank's role in this litigation and the uncertainty associated with representation, it would be most efficient and equitable to adjourn both the case management conference and the hearing on Defendants' motions to dismiss to November 21, 2008, pending further clarification of the proper party defendant in lieu of Washington Mutual Bank and of the continued role of counsel with respect to this litigation. A separate stipulation has been submitted by the parties for Judge Whyte's approval; WHEREAS, parties further agree to refrain from conducting discovery until November 21, 2008 and agree to seek approval to reschedule the November 18, 2008 hearing on Plaintiffs' Motion for Jurisdictional Discovery.

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Stipulation and Proposed Order re Motion for Jurisdictional Discovery Case No. 5:08-CV-00868

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 that:

IT IS HEREBY STIPULATED by the parties, by and through their undersigned counsel,

(1)

Briefing on Plaintiffs' Motion for Jurisdictional Discovery will be stayed until November 21, 2008.

(2)

The Hearing Date for Plaintiffs' Motion for Jurisdictional Discovery, previously set for November 18, 2008, at 10:00 a.m, will be adjourned to December 16, 2008, at 10:00 a.m. DEWEY & LeBOEUF LLP

Dated: October 13, 2008

By: /s/ Margaret A. Keane Margaret A. Keane, SBN 255378 [e-mail] One Embarcadero Center, Suite 400 San Francisco, CA 94111 Tel: [phone] Fax: [phone] Attorneys for Defendant LSI Appraisal LLC BRAUN LAW GROUP, P.C.

Dated: October 13, 2008

By: /s/ Michael D. Braun Michael D. Braun [e-mail] 12304 Santa Monica Blvd., Suite 109 Los Angeles, CA 90025 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs

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Stipulation and Proposed Order re Motion for Jurisdictional Discovery Case No. 5:08-CV-00868

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 October 21, 2008 DATED:____________________ (2) ORDERS AS FOLLOWS: (1)

[PROPOSED] ORDER XXXXXXXX Pursuant to the Parties' Stipulation, the Court hereby

Briefing on Plaintiffs' Motion for Jurisdictional Discovery will be stayed until November 21, 2008. The Hearing Date for Plaintiffs' Motion for Jurisdictional Discovery, previously set for November 18, 2008, at 10:00a.m, will be adjourned to December 16, 2008, at 10:00 a.m.

___________________________________ Hon. Howard R. Lloyd United States Magistrate Judge

Stipulation and Proposed Order re Motion for Jurisdictional Discovery Case No. 5:08-CV-00868
SF224800.2