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

Filing 227

STIPULATION AND ORDER 225 Continuing Briefing Schedule: Motion Hearing set for 6/24/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 12/22/10. (jgS, COURT STAFF) (Filed on 12/22/2010)

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

Doc. 227

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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 - 12/22/10* 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 [] Plaintiffs, ) ORDER CONTINUING BRIEFING ) SCHEDULE ) vs. ) FIRST AMERICAN EAPPRAISEIT (a/k/a ) eAppraiseIT, LLC), ) Courtroom: Courtroom 6, 4th Floor Hon. Ronald M. Whyte a Delaware limited liability company; and ) Judge: LENDER'S SERVICE, INC., a Delaware limited ) liability company, ) ) Defendants. ) )

STIPULATION AND [] ORDER CONTINUING 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: 1. On November 19, 2010, Plaintiffs filed and served 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), in addition to expert reports from three proposed expert witnesses. Shortly after, Plaintiffs produced documents related to these expert opinions. 2. To assist defendant EAPPRAISEIT, LLC ("EA") with obtaining discovery

necessary to respond to the Renewed Motion For Class Certification, and to permit Plaintiffs to obtain discovery from any experts EA may rely upon in its opposition to that motion, the parties hereby stipulate to continue the current briefing schedule as follows: February 4, 2011 March 18, 2011 March 28, 2011 Last day for EA to depose the expert witnesses Plaintiffs rely upon in their renewed motion for class certification Last day for EA to file and serve its opposition to Plaintiffs' renewed motion for class certification Last day for EA to produce documents regarding expert witnesses it relies upon in support of its opposition to Plaintiffs' renewed motion for class certification, pursuant to Fed. R. Civ. P. 26 Last day for Plaintiffs to depose expert witnesses relied upon by EA in support of its opposition to the renewed motion for class certification Deadline for Plaintiffs to file and serve their reply brief in support of their renewed motion for class certification Hearing regarding Plaintiffs' renewed motion for class certification

April 29, 2011

June 3, 2011 June 21, 2011, 9:00 A.M.

3.

This is the first instance in which the parties have sought to continue these dates.

IT IS SO STIPULATED

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

Dated: December 21, 2010

STEMBER FEINSTEIN DOYLE PAYNE & CORDES LLC BRAUN LAW GROUP LAW OFFICE OF JANET LINDNER SPIRO MOSS LLP By /s/ Joseph N. Kravec, Jr. JOSEPH N. KRAVEC, JR. Attorneys for Plaintiffs FELTON A. SPEARS, JR. and SIDNEY SCHOLL

Dated: December 21, 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 CONTINUING BRIEFING SCHEDULE. In compliance with General Order 45, X.B., I hereby attest that Joseph Kravec, Jr. has concurred in this filing. ORDER IT IS HEREBY ORDERED as follows: 1. Defendant shall have until February 4, 2011 to depose the expert witnesses

Plaintiffs rely upon in their renewed motion for class certification. Defendant's last day to file and serve its opposition to Plaintiffs' renewed motion for class certification is hereby continued from December 23, 2010 to March 18, 2011. Following the filing of that opposition, Defendants shall have until March 28, 2011 to produce documents, pursuant to Fed. R. Civ. P. 26, regarding the experts it may rely upon in its opposition to the renewed motion for class certification. 2. Plaintiffs shall have until April 29, 2011 to depose the expert witnesses Defendant

relies upon in its opposition to Plaintiffs' renewed motion for class certification. Plaintiffs' last

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

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DLA PIPER LLP (US)
NEW YORK

day to file and serve their reply in support of their renewed motion for class certification is hereby continued from January 7, 2011 to June 3, 2011. 3. The hearing regarding Plaintiffs' renewed motion for class certification is hereby

continued from January 21, 2011 to June 24, 2011, at 9:00 A.M. PURSUANT TO STIPULATION, IT IS SO ORDERED.

12/22 DATED: __________________, 2010 By HONORABLE RONALD M. WHYTE United States District Judge

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