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

Filing 252

STIPULATION AND ORDER 250 Continuing Case Management Conference: Case Management Conference set for 6/29/2012 10:30 AM in Courtroom 6, 4th Floor, San Jose. Case Management Statement due by 6/22/2012. Signed by Judge Ronald M. Whyte on 5/15/12. (jg, COURT STAFF) (Filed on 5/15/2012)

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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
New York, NY 10020
Phone: [phone]
Fax: [phone]
Attorneys for Defendant
eAppraiseIT, LLC (named as First American eAppraiseIT)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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FELTON A. SPEARS, JR. and SIDNEY
) Case No. 5-08-CV-00868 RMW
SCHOLL, on behalf of themselves and all others )
similarly situated,
) CLASS ACTION
)
Plaintiffs,
) STIPULATION AND []
) ORDER CONTINUING CASE
vs.
) MANAGEMENT CONFERENCE
)
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/k/a LSI
)
Appraisal, LLC), a Delaware limited liability
)
company,
)
)
Defendants.
)

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STIPULATION AND [] ORDER CONTINUING CMC
CASE NO. 5-08-CV-00868 RMW

DLA P IPER LLP (US)
NEW YORK

EAST\48472935.1

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Pursuant to Local Rules 6-1 and 6-2, it is hereby stipulated and agreed by Plaintiffs and

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defendant eAppraiseIT, LLC (named as First American eAppraiseIT), by and through their

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attorneys of record, as follows:

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On April 25, 2012 the Court entered an Order Granting Motion For Class Certification

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And Setting Case Management Conference (Docket #249) in the above-captioned action. That

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Order set a case management conference on May 25, 2012 at 10:30 A.M. or a date and time

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otherwise agreed to by all parties. The Order also instructed the parties to file a joint proposed

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form of class notice and joint plan for dissemination of that notice by May 11, 2012 and a joint

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case management conference statement by May 18, 2012. The Order directed that if the parties

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wish to reschedule these dates that they should contact the courtroom deputy, Jackie Garcia.

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The parties have conducted initial discussions regarding notice and in preparation for the

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case management conference. During those discussions, the parties agreed that the United States

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Supreme Court’s decision in First American Financial Corp. v. Edwards could narrow and/or

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clarify the issues in the above-captioned action. Because the parties expect that the Supreme

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Court will issue its decision in Edwards shortly, they have agreed to request that the Court

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continue the May 25, 2012 case management conference to June 29, 2012 at 10:30 A.M. The

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parties have also agreed to request that they will file a joint proposed form of class notice, joint

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plan for dissemination of the notice, and joint case management conference statement by June 22,

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2012. On May 9, 2012, undersigned counsel spoke with Ms. Garcia as directed by the Order, and

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she requested that we file this Stipulation and Proposed Order with these new dates.

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Defendant eAppraiseIT, LLC (“EA”) intends to file today a petition with the United States

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Court of Appeals for the Ninth Circuit, pursuant to Fed. R. Civ. P. 23(f), for permission to appeal

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the Order Granting Motion For Class Certification And Setting Case Management Conference

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(Docket #249). EA reserves its right to move to stay the above-captioned action based on the

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pendency or acceptance of its petition, and Plaintiffs reserve the right to oppose any such motion.

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IT IS SO STIPULATED

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STIPULATION AND [] ORDER CONTINUING CMC
CASE NO. 5-08-CV-00868 RMW

DLA P IPER LLP (US)
NEW YORK

EAST\48472935.1

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Dated: May 9, 2012

STEMBER FEINSTEIN DOYLE PAYNE &
KRAVEC LLC

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BRAUN LAW GROUP

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LAW OFFICE OF JANET LINDNER
SPIELBERG

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SPIRO MOORE LLP

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By

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/s/ Joseph N. Kravec, Jr.
JOSEPH N. KRAVEC, JR.
Attorneys for Plaintiffs
FELTON A. SPEARS, JR. and SIDNEY
SCHOLL

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Dated: May 9, 2012

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DLA PIPER LLP (US)
By

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

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I, Carter Ott, am the ECF user whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT

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CONFERENCE. In compliance with General Order 45, X.B., I hereby attest that Joseph Kravec,

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Jr. has concurred in this filing.
ORDER

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The May 25, 2012 case management conference is continued to June 29, 2012 at 10:30

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A.M. The parties shall file a joint proposed form of class notice, joint plan for dissemination of

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the notice, and joint case management conference statement by June 22, 2012.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: __________________, 2012
By

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HONORABLE RONALD M. WHYTE
United States District Judge

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DLA P IPER LLP (US)
NEW YORK

-2EAST\48472935.1

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