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

Filing 303

STIPULATION AND ORDER 299 (1) Extending the Number of Depositions per Side to 25; and (2) Extending the Remaining Deadlines in the Action by Four Months. Jury Trial set for 10/20/2014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronal d M. Whyte. Motion Hearing set for 6/13/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 9/29/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 3/27/13. (jg, COURT STAFF) (Filed on 3/27/2013)

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1 2 3 4 Joseph N. Kravec, Jr. (pro hac vice) STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC 429 Forbes Avenue, 17th Floor Pittsburgh, PA 15219 Tel: (412) 281-8400 Fax: (412) 281-1007 E-mail: jkravec@stemberfeinstein.com 5 Janet Lindner Spielberg (SBN 221926) LAW OFFICES OF JANET LINDNER SPIELBERG 12400 Wilshire Boulevard, #400 Los Angeles, California 90025 Tel: (310) 392-8801 Fax: (310) 278-5938 Email: jlspielberg@jlslp.com 6 CO-LEAD CLASS COUNSEL 7 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 15 FELTON A. SPEARS, JR. and ) Case No. 5-08-CV-00868 (RMW) SIDNEY SCHOLL, on behalf of themselves and ) all others similarly situated, ) STIPULATION AND [] ORDER: 16 Plaintiffs, 17 18 19 20 vs. FIRST AMERICAN EAPPRAISEIT (a/k/a eAppraiseIT, LLC), a Delaware limited liability company, Defendant. ) ) ) ) ) ) ) ) ) 21 22 23 24 25 26 27 28 Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW) (1) EXTENDING THE NUMBER OF DEPOSITIONS PER SIDE TO 25; and (2) EXTENDING THE REMAINING DEADLINES IN THE ACTION BY FOUR (4) MONTHS 1 Plaintiffs Felton A. Spears, Jr. and Sidney Scholl (collectively “Plaintiffs”), and 2 Defendant eAppraiseIT, LLC (“EA”), by and through their respective counsel of 3 record and pursuant to Local Rules 6-2 and 7-12, enter into the following stipulation 4 for an order (1) granting leave of Court from Fed. R. Civ. P. 30(a)(2)(A)(i) to allow 5 each side to take up to twenty-five (25) depositions in this action; and (2) to extend the 6 remaining deadlines in the action by four (4) months pursuant to the schedule detailed 7 below. 8 WHEREAS, on April 25, 2012, the Court Granted Plaintiffs’ Motion for Class 9 Certification of Plaintiffs’ single remaining claim under RESPA, 12 U.S.C. § 2607(a), 10 certifying a Class of “All consumers in California and throughout the United States 11 who, on or after June 1, 2006, received home loans from Washington Mutual Bank, 12 FA in connection with appraisals that were obtained through eAppraiseIT.” Dkt. No. 13 249, p. 12. 14 WHEREAS, on August 1, 2012, the Court entered a Revised Amended Order 15 Regarding Class Notice, Appointment of Lead Counsel, and Pre-Trial Scheduling 16 setting forth deadlines for distribution of Class Notice, merits discovery cutoff, expert 17 reports, supplemental and rebuttal expert reports, dispositive motions, mediation and 18 trial. Dkt. No. 260, p. 3. There has been no prior extension of any of the deadlines set 19 forth in this Order. 20 WHEREAS, the Parties have been actively conducting discovery in this action 21 and have identified dozens of fact witnesses with potentially relevant information that 22 the Parties would like to depose prior to a trial in this action. These fact witnesses 23 include dozens of individuals who are not currently affiliated with either Party, 24 including former employees of Defendant, and former employees of Washington 25 Mutual Bank, F.A. (“WaMu”), an alleged co-conspirator in this action. 26 WHEREAS, good cause exists for leave from Fed. R. Civ. P. 30’s limit of ten 27 (10) depositions per side given the size of this case, the number and size of the parties 28 and non-parties with potentially relevant information, and the number of individuals Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW) 1 1 with potentially relevant information. Indeed, in the Order certifying the Class, the 2 Court acknowledged the significant “volume and complexity of the evidence 3 required” for trial of this class action. Dkt. No. 249, p. 11. 4 WHEREAS, based upon discovery to date, the Parties believe 25 fact witness 5 depositions per side (with cross-notices not counting against that limit), plus the 6 depositions of any proffered experts, will allow them to properly prepare their cases 7 for trial, especially given that the Parties anticipate their requested fact witnesses will 8 overlap and the total number of fact witness depositions in this action will be less than 9 50. 10 WHEREAS, given that most of the fact witnesses to be deposed are not 11 affiliated with either Party, the Parties will have to issue subpoenas for their testimony 12 which, due to coordinating schedules, could take several months to complete. 13 WHEREAS, the Parties have also each issued subpoenas to J.P.Morgan Chase, 14 N.A. (“Chase”). Chase is the entity that purchased all of the Class members’ loans 15 from the Federal Deposit Insurance Company (“FDIC”) after WaMu went into 16 receivership. The Parties each seek documents relating to over 200,000 putative Class 17 members’ loans. While the Parties have been working with Chase for several months 18 regarding the production of the information requested, Chase has not yet produced the 19 documents the Parties have requested due to the alleged number of records involved 20 and alleged logistical issues. 21 WHEREAS, Plaintiffs have issued subpoenas to additional third parties for 22 documents relevant to the issues in this action, such as the FDIC and Office of the 23 Comptroller of the Currency, and are working with those third parties for the 24 production of those documents. 25 WHEREAS, Plaintiffs have requested additional documents from EA that EA is 26 in the process of preparing to produce. 27 received from the FDIC in another action between those entities that the FDIC has 28 designated as being “confidential.” Due to the “confidential” designation of the These documents include documents it Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW) 2 1 documents in the other action, EA is working with the FDIC for consent to allow 2 production of the materials in Plaintiffs’ case which may involve a modification to the 3 Stipulated Protective Order (Dkt. No. 177) entered in this action to protect the privacy 4 of borrowers should the FDIC deem it necessary. 5 WHEREAS, in addition to the above outstanding discovery issues, on 6 November 2, 2012, EA filed a Motion for Leave to File a Third-Party Complaint 7 against the FDIC which the Court has not yet resolved. Dkt. No. 266. 8 WHEREAS, the Parties cross-moved for judgment on the pleadings (Dkt. Nos. 9 283 and 286) to narrow the issues at trial, and those motions are currently scheduled 10 for oral argument on March 29, 2013. 11 WHEREAS, until the Court resolves EA’s Motion for Leave to File a Third- 12 Party Complaint, and the Parties’ cross-motions for judgment on the pleadings, there 13 are unresolved issues as to the parties in the case and the scope of the Parties’ claims. 14 WHEREAS, given the number of depositions to be completed, the production 15 of documents from and through third parties to be completed, and the unresolved 16 issues regarding the parties and the claims at issue for trial, good cause exists to 17 extend the current deadlines by four (4) months to complete discovery and prepare 18 this action for trial. 19 20 21 22 23 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS HEREBY STIPULATED by and between the parties, that: 1. Plaintiffs and EA each may take up to twenty-five (25) fact witness depositions in this action, and the deposition of any proffered expert; 2. The pending deadlines for merits discovery cutoff, expert reports, 24 supplemental and rebuttal expert reports, dispositive motions, other motions, pretrial 25 conference, pre-trial briefs and trial date are extended by four (4) months pursuant to 26 the below schedule: 27 28 Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW) 3 1 Event Prior Deadline New Deadline 2 Merits discovery cutoff May 13, 2013 September 13, 2013 3 Expert reports June 12, 2013 October 14, 2013 4 Supplemental and rebuttal expert reports November 11, 2013 March 11, 2014 5 December 30, 2013 April 30, 2014 6 Expert discovery cutoff (including any discovery relating to or arising from Plaintiffs’ aggregate inflation analysis) 7 Mediation January 29, 2014 May 29, 2014 8 Dispositive motion cutoff February 12, 2014 June 1 , 2014 9 Other motion cutoff (other than motions in limine) March 14, 2014 July 14, 2014 10 11 Pretrial conference (hearing on motions in May 1, 2014 limine, agreed jury instructions and verdict forms, proposed voir dire questions) September 4, 2014 Pretrial briefs May 28, 2014 September 29, 2014 Trial date June 23, 2014 October 20, 2014 12 13 14 15 16 Dated: March 19, 2013 By: 17 /s/ Joseph N. Kravec, Jr. Joseph N. Kravec, Jr., Co-Lead Class Counsel 18 19 STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC Dated: March 19, 2013 LAW OFFICES OF JANET LINDNER SPIELBERG 20 By: 21 Janet Lindner Spielberg, Co-Lead Class Counsel 22 Dated: March 19, 2013 /s/ Janet Lindner Spielberg IRELL & MANELLA LLP 23 By: 24 A. Matthew Ashley, Attorneys for DEFENDANT 25 /s/ A. Matthew Ashley PURSUANT TO STIPULATION, IT IS SO ORDERED. 26 27 28 Dated: March ____, 2013 Honorable Ronald M. Whyte United States District Judge Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW) 4

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