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

Filing 158

STIPULATION AND ORDER 154 Re: Briefing Schedule and Adjournment of Hearing Date for Motion to Intervene. Motion Hearing set for 6/5/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 5/7/09. (jg, COURT STAFF) (Filed on 5/7/2009)

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MARGARET A. KEANE (State Bar No. 255378) [e-mail] DEWEY & LEBOEUF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LSI APPRAISAL, LLC

*E-FILED - 5/7/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FELTON A SPEARS, JR. and. SIDNEY SCHOLL, JUAN BENCOSME and CARMEN BENCOSME on behalf of themselves and all others similarly situated, v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 5:08-CV-00868 (RMW) CLASS ACTION

FIRST AMERICAN EAPPRAISEIT (a/k/a eAppraiseIT, LLC), a Delaware limited liability company; and LENDER'S SERVICE, INC., (a/k/a LSI Appraisal, LLC), a Delaware limited liability company Defendants.

STIPULATION AND [] ORDER RE: BRIEFING SCHEDULE AND ADJOURNMENT OF HEARING DATE FOR MOTION TO INTERVENE

WHEREAS, on March 30, 2009, Plaintiffs filed their Second Amended Complaint for Damages, Equitable, Declaratory and Injunctive Relief (the "Second Amended Complaint") and a Motion to Intervene by Putative Class Members Juan and Carmen Bencosme (the "Motion to Intervene");

Stipulation and [] Order re Briefing Schedule Case No. 5:08-CV-00868

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WHEREAS, absent an extension of time, First American eAppraiseIT's and LSI Appraisal, LLC's time to move against, answer or otherwise respond to the Second Amended Complaint will expire on April 13, 2009; WHEREAS, counsel for First American eAppraiseIT and LSI Appraisal, LLC have indicated to counsel for Plaintiffs that they intend to file motions to dismiss the Second Amended Complaint and will request a hearing date for oral argument in connection therewith; WHEREAS, the parties have conferred and agree that it would be most efficient and equitable to coordinate the briefing schedule and hearing date on Defendants' anticipated motions to dismiss with the briefing schedule and hearing date on Plaintiffs' Motion to Intervene; WHEREAS, without an extension, the time for eAppraiseIT and LSI Appraisal, LLC to file a response to the Motion to Intervene is on or before April 17, 2009, and the time for Plaintiffs to file their reply memorandum is on or before April 24, 2009. In addition, Plaintiffs have requested a hearing date in connection with their Motion to Intervene on May 8, 2009 at 9:00 a.m.; and WHEREAS, the parties have conferred and agree that, to allow for the preparation of First American eAppraiseIT's and LSI Appraisal, LLC's anticipated motions to dismiss and responses to the Motion to Intervene, and to accommodate Passover and the personal and professional schedules of counsel, it would be most efficient and equitable to adjourn the hearing on Plaintiffs' Motion to Intervene from May 8, 2009 at 9:00 a.m. to June 5, 2009 at 9:00 a.m. and to have the hearing on Defendants' motions to dismiss at that same date and time. The parties hereby stipulate and agree to the briefing schedule and hearing dates set forth below and in the attached [Proposed] Order.

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Stipulation and [] Order re Briefing Schedule Case No. 5:08-CV-00868

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

(1)

The Date for Defendants to file their motions to dismiss the Second Amended Complaint and responses to Plaintiffs' Motion to Intervene will be on or before April 21, 2009;

(2)

The Date for Plaintiffs to file their response to Defendants' motions to dismiss the Second Amended Complaint and reply on their Motion to Intervene will be on or before May 15, 2009;

(3)

The Date for Defendants to file replies on their motions to dismiss the Second Amended Complaint will be on or before May 22, 2009;

(4)

The Hearing Date for Plaintiffs' Motion to Intervene, previously requested to be held on May 8, 2009 at 9:00 a.m., will be adjourned to June 5, 2009, at 9:00 a.m.; and

(5)

The Hearing Date for Defendants' motions to dismiss the Second Amended Complaint will be June 5, 2009, at 9:00 a.m.

DEWEY & LeBOEUF LLP Dated: April 10, 2009 By: /s/ Margaret A. Keane Margaret A. Keane, SBN 255378 [e-mail] DEWEY & LEBOEUF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LSI Appraisal LLC

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Stipulation and [] Order re Briefing Schedule Case No. 5:08-CV-00868

Case 5:08-cv-00868-RMW

Document 154

Filed 04/10/2009

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Stipulation and [der re Briefing Schedule Case No. 5:08-CV-00868

DLA PIPER LLP Dated: April 10, 2009 By: / Jeffrey D. Rotenberg Jeffrey D. Rotenberg [e-mail] 1251 Avenue of the Americas New York, NY 10020-1104 Tel: [phone] Fax: [phone] Attorneys for Defendant First American EAppraiseIT

SPECTER SPECTER EVANS & MANOGUE, P.C. Dated: April 10, 2009 By: / Joseph N. Kravec, Jr. Joseph N. Kravec, Jr. [e-mail] The 26th Floor Koppers Building Pittsburgh, PA 15219 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs

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[] Order re Joint Briefing Case No. 5:08-CV-00868

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FELTON A SPEARS, JR. and. SIDNEY SCHOLL, JUAN BENCOSME and CARMEN BENCOSME on behalf of themselves and all others similarly situated, v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 5:08-CV-00868 (RMW) CLASS ACTION

FIRST AMERICAN EAPPRAISEIT (a/k/a eAppraiseIT, LLC), a Delaware limited liability company; and LENDER'S SERVICE, INC., (a/k/a LSI Appraisal, LLC), a Delaware limited liability company Defendants.

STIPULATION AND [] ORDER RE: BRIEFING SCHEDULE AND ADJOURNMENT OF HEARING DATE FOR MOTION TO INTERVENE

[] ORDER Pursuant to the Parties' Stipulation, the Court hereby ORDERS AS FOLLOWS: (1) The Date for Defendants to file their motions to dismiss the Second Amended Complaint and responses to Plaintiffs' Motion to Intervene will be on or before April 21, 2009; (2) The Date for Plaintiffs to file their response to Defendants' motions to dismiss the Second Amended Complaint and reply on their Motion to Intervene will be on or before May 15, 2009; (3) The Date for Defendants to file a reply on their motions to dismiss the Second Amended Complaint will be on or before May 22, 2009;

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(4) The Hearing Date for Plaintiffs' Motion to Intervene, previously requested to be held on May 8, 2009 at 9:00 a.m., will be adjourned to June 5, 2009, at 9:00 a.m.; and (5) The Hearing Date for Defendants' motions to dismiss the Second Amended Complaint will be June 5, 2009, at 9:00 a.m.

5/7/09 DATED:____________________

___________________________________ Hon. Ronald M. Whyte United States District Judge

[] Order re Joint Briefing Case No. 5:08-CV-00868