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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Joseph N. Kravec, Jr. (pro hac vice)
STEMBER FEINSTEIN DOYLE
PAYNE & KRAVEC, LLC
429 Forbes Avenue, 17th Floor
Pittsburgh, PA 15219
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Janet Lindner Spielberg (SBN 221926)
LAW OFFICES OF JANET
LINDNER SPIELBERG
12400 Wilshire Boulevard, #400
Los Angeles, California 90025
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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CO-LEAD CLASS COUNSEL
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IN THE 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
) Case No. 5-08-CV-00868 (RMW)
SIDNEY SCHOLL, on behalf of themselves and )
all others similarly situated,
) STIPULATION AND [] ORDER:

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Plaintiffs,
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vs.
FIRST AMERICAN EAPPRAISEIT
(a/k/a eAppraiseIT, LLC),
a Delaware limited liability company,
Defendant.

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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

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Plaintiffs Felton A. Spears, Jr. and Sidney Scholl (collectively “Plaintiffs”), and

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Defendant eAppraiseIT, LLC (“EA”), by and through their respective counsel of

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record and pursuant to Local Rules 6-2 and 7-12, enter into the following stipulation

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for an order (1) granting leave of Court from Fed. R. Civ. P. 30(a)(2)(A)(i) to allow

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each side to take up to twenty-five (25) depositions in this action; and (2) to extend the

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remaining deadlines in the action by four (4) months pursuant to the schedule detailed

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below.

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WHEREAS, on April 25, 2012, the Court Granted Plaintiffs’ Motion for Class

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Certification of Plaintiffs’ single remaining claim under RESPA, 12 U.S.C. § 2607(a),

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certifying a Class of “All consumers in California and throughout the United States

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who, on or after June 1, 2006, received home loans from Washington Mutual Bank,

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FA in connection with appraisals that were obtained through eAppraiseIT.” Dkt. No.

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249, p. 12.

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WHEREAS, on August 1, 2012, the Court entered a Revised Amended Order

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Regarding Class Notice, Appointment of Lead Counsel, and Pre-Trial Scheduling

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setting forth deadlines for distribution of Class Notice, merits discovery cutoff, expert

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reports, supplemental and rebuttal expert reports, dispositive motions, mediation and

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trial. Dkt. No. 260, p. 3. There has been no prior extension of any of the deadlines set

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forth in this Order.

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WHEREAS, the Parties have been actively conducting discovery in this action

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and have identified dozens of fact witnesses with potentially relevant information that

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the Parties would like to depose prior to a trial in this action. These fact witnesses

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include dozens of individuals who are not currently affiliated with either Party,

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including former employees of Defendant, and former employees of Washington

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Mutual Bank, F.A. (“WaMu”), an alleged co-conspirator in this action.

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WHEREAS, good cause exists for leave from Fed. R. Civ. P. 30’s limit of ten

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(10) depositions per side given the size of this case, the number and size of the parties

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and non-parties with potentially relevant information, and the number of individuals
Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW)

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with potentially relevant information. Indeed, in the Order certifying the Class, the

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Court acknowledged the significant “volume and complexity of the evidence

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required” for trial of this class action. Dkt. No. 249, p. 11.

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WHEREAS, based upon discovery to date, the Parties believe 25 fact witness

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depositions per side (with cross-notices not counting against that limit), plus the

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depositions of any proffered experts, will allow them to properly prepare their cases

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for trial, especially given that the Parties anticipate their requested fact witnesses will

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overlap and the total number of fact witness depositions in this action will be less than

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50.

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WHEREAS, given that most of the fact witnesses to be deposed are not

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affiliated with either Party, the Parties will have to issue subpoenas for their testimony

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which, due to coordinating schedules, could take several months to complete.

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WHEREAS, the Parties have also each issued subpoenas to J.P.Morgan Chase,

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N.A. (“Chase”). Chase is the entity that purchased all of the Class members’ loans

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from the Federal Deposit Insurance Company (“FDIC”) after WaMu went into

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receivership. The Parties each seek documents relating to over 200,000 putative Class

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members’ loans. While the Parties have been working with Chase for several months

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regarding the production of the information requested, Chase has not yet produced the

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documents the Parties have requested due to the alleged number of records involved

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and alleged logistical issues.

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WHEREAS, Plaintiffs have issued subpoenas to additional third parties for

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documents relevant to the issues in this action, such as the FDIC and Office of the

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Comptroller of the Currency, and are working with those third parties for the

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production of those documents.

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WHEREAS, Plaintiffs have requested additional documents from EA that EA is

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in the process of preparing to produce.

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received from the FDIC in another action between those entities that the FDIC has

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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)

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documents in the other action, EA is working with the FDIC for consent to allow

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production of the materials in Plaintiffs’ case which may involve a modification to the

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Stipulated Protective Order (Dkt. No. 177) entered in this action to protect the privacy

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of borrowers should the FDIC deem it necessary.

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WHEREAS, in addition to the above outstanding discovery issues, on

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November 2, 2012, EA filed a Motion for Leave to File a Third-Party Complaint

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against the FDIC which the Court has not yet resolved. Dkt. No. 266.

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WHEREAS, the Parties cross-moved for judgment on the pleadings (Dkt. Nos.

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283 and 286) to narrow the issues at trial, and those motions are currently scheduled

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for oral argument on March 29, 2013.

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WHEREAS, until the Court resolves EA’s Motion for Leave to File a Third-

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Party Complaint, and the Parties’ cross-motions for judgment on the pleadings, there

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are unresolved issues as to the parties in the case and the scope of the Parties’ claims.

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WHEREAS, given the number of depositions to be completed, the production

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of documents from and through third parties to be completed, and the unresolved

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issues regarding the parties and the claims at issue for trial, good cause exists to

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extend the current deadlines by four (4) months to complete discovery and prepare

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this action for trial.

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NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS
HEREBY STIPULATED by and between the parties, that:
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Plaintiffs and EA each may take up to twenty-five (25) fact witness

depositions in this action, and the deposition of any proffered expert;
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The pending deadlines for merits discovery cutoff, expert reports,

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supplemental and rebuttal expert reports, dispositive motions, other motions, pretrial

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conference, pre-trial briefs and trial date are extended by four (4) months pursuant to

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the below schedule:

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Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW)

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Event

Prior Deadline

New Deadline

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Merits discovery cutoff

May 13, 2013

September 13, 2013

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Expert reports

June 12, 2013

October 14, 2013

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Supplemental and rebuttal expert reports

November 11, 2013

March 11, 2014

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December 30, 2013

April 30, 2014

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Expert discovery cutoff (including any
discovery relating to or arising from
Plaintiffs’ aggregate inflation analysis)

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Mediation

January 29, 2014

May 29, 2014

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Dispositive motion cutoff

February 12, 2014

June 1 , 2014

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Other motion cutoff
(other than motions in limine)

March 14, 2014

July 14, 2014

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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

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Dated: March 19, 2013

By:

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/s/ Joseph N. Kravec, Jr.

Joseph N. Kravec, Jr., Co-Lead Class Counsel

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STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC

Dated: March 19, 2013

LAW OFFICES OF JANET LINDNER SPIELBERG

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By:

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Janet Lindner Spielberg, Co-Lead Class Counsel

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Dated: March 19, 2013

/s/ Janet Lindner Spielberg

IRELL & MANELLA LLP

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By:

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A. Matthew Ashley, Attorneys for DEFENDANT

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/s/ A. Matthew Ashley

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: March ____, 2013
Honorable Ronald M. Whyte
United States District Judge
Stipulation and [] Order; CASE NO. 5-08-CV-00868 (RMW)

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