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

Filing 216

STIPULATION AND ORDER 215 Setting Briefing Schedule: Motion Hearing set for 1/21/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 9/15/10. (jg, COURT STAFF) (Filed on 9/15/2010)

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

Doc. 216

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DLA PIPER LLP (US)
NEW YORK

DAVID F. GROSS (SBN 983547) [e-mail] CARTER W. OTT (SBN 221660) [e-mail] DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105 Phone: [phone] Fax: [phone] RICHARD F. HANS (Pro Hac Vice, New York SBN 2593200) [e-mail] JEFFREY D. ROTENBERG (Pro Hac Vice, New York SBN 3984994) [e-mail] DLA PIPER LLP (US) 1251 Avenue of the Americas *E-FILED - 9/15/10* New York, NY 10020 Phone: [phone] Fax: [phone] Attorneys for Defendant eAppraiseIT, LLC (named as First American eAppraiseIT) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. 5-08-CV-00868 RMW FELTON A. SPEARS, JR. and SIDNEY ) SCHOLL, on behalf of themselves and all others ) CLASS ACTION similarly situated, ) ) STIPULATION AND [] ORDER Plaintiffs, ) SETTING BRIEFING SCHEDULE ) ) vs. ) FIRST AMERICAN EAPPRAISEIT (a/k/a ) Courtroom: Courtroom 6, 4th Floor Hon. Ronald M. Whyte eAppraiseIT, LLC), ) Judge: a Delaware limited liability company; and ) LENDER'S SERVICE, INC., a Delaware limited ) liability company, ) ) Defendants. ) )

STIPULATION AND [] ORDER SETTING BRIEFING SCHEDULE CASE NO. 5-08-CV-00868 RMW
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Dockets.Justia.com

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DLA PIPER LLP (US)
NEW YORK

Pursuant to Local Rules 6-1 and 6-2, it is hereby stipulated and agreed by Plaintiffs and defendant EAPPRAISEIT, LLC (named as FIRST AMERICAN EAPPRAISEIT), by and through their attorneys of record, as follows: Plaintiffs intend to file a renewed motion for class certification to address the issues raised in the Court's July 2, 2010 Order Denying Motion For Class Certification Without Prejudice (Docket #209). Pursuant to the Court's direction during the August 13, 2010 case management conference, the parties hereby stipulate to the following briefing schedule regarding this motion: November 19, 2010 Deadline for Plaintiffs to file and serve their renewed motion for class certification December 23, 2010 Deadline for Defendant to file and serve its opposition to Plaintiffs' renewed motion for class certification January 7, 2011 Deadline for Plaintiffs to file and serve their reply brief in support of their renewed motion for class certification January 21, 2011 at 9:00 A.M. In reaching this stipulation, the parties worked to avoid conflicts with counsel's holiday vacations as this Court directed. Pursuant to the Court's August 13, 2010 Minute Order (Docket #214), the hearing regarding Plaintiffs' renewed motion for class certification is currently scheduled for January 14, 2011 at 9:00 A.M. Hearing regarding Plaintiffs' renewed motion for class certification

STIPULATION AND [] ORDER SETTING BRIEFING SCHEDULE CASE NO. 5-08-CV-00868 RMW
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DLA PIPER LLP (US)
NEW YORK

IT IS SO STIPULATED Dated: September 2, 2010 STEMBER FEINSTEIN DOYLE PAYNE & CORDES LLC BRAUN LAW GROUP LAW OFFICE OF JANET LINDNER SPIELBERG SPIRO MOSS LLP By /s/ Joseph N. Kravec, Jr. JOSEPH N. KRAVEC, JR. Attorneys for Plaintiffs FELTON A. SPEARS, JR. and SIDNEY SCHOLL

Dated: September 2, 2010

DLA PIPER LLP (US) By /s/ Carter Ott CARTER W. OTT Attorneys for Defendant EAPPRAISEIT, LLC (named as FIRST AMERICAN EAPPRAISEIT)

I, Carter Ott, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE. In compliance with General Order 45, X.B., I hereby attest that Joseph Kravec, Jr. has concurred in this filing. ORDER The hearing regarding Plaintiffs' renewed motion for class certification is hereby continued from January 14, 2011 to January 21, 2011 at 9:00 A.M. Plaintiffs shall file and serve their renewed motion for class certification on or before November 19, 2010; Defendant shall file and serve their opposition to this motion on or before December 23, 2010; and Plaintiffs shall file ///// ///// ///// ///// -2EAST\43451112.1

STIPULATION AND [] ORDER SETTING BRIEFING SCHEDULE Case No. 5-08-CV-00868 RMW

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DLA PIPER LLP (US)
NEW YORK

and serve their reply in support of their renewed motion for class certification on or before January 7, 2011. PURSUANT TO STIPULATION, IT IS SO ORDERED. 9/15 DATED: __________________, 2010 By HONORABLE RONALD M. WHYTE United States District Judge

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STIPULATION AND [] ORDER SETTING BRIEFING SCHEDULE Case No. 5-08-CV-00868 RMW