Sencion v. Saxon Mortgage Services, Inc. et al

Filing 81

STIPULATION AND ORDER CONTINUING DATES AND DEADLINES IN THE COURT'S CASE MANAGEMENT ORDER re 80 . Signed by Judge Jeremy Fogel on 4/14/11. (dlm, COURT STAFF) (Filed on 4/14/2011)

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Stuart B. Wolfe (SBN 156471)
Marcus T. Brown (SBN 255662)
[e-mail]
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3502
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
SAXON MORTGAGE SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

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OSCAR MADRIGAL SENCION, an individual
Plaintiff,

Attorneys & Counselors At Law

WOLFE & WYMAN LLP

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v.
SAXON MORTGAGE SERVICES, INC., a
business of unknown form; OCWEN LOAN
SERVICING, LLC; and, DOES 1 through 100,
inclusive,

Case No.: 5:10-cv-03108-JF
STIPULATION AND -----------------[PROPOSED]
ORDER CONTINUING DATES AND
DEADLINES IN THE COURT’S CASE
MANAGEMENT ORDER

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Defendants.
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COME NOW Plaintiff OSCAR MADRIGAL SENCION (“Plaintiff”), Defendant SAXON

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MORTGAGE SERVICES, INC. (“Saxon”), and Defendant OCWEN LOAN SERVICING, LLC

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(“Ocwen”) (collectively, “Parties”) and hereby stipulate as follows.

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WHEREAS, the Court entered a case management order on January 20, 2011, scheduling a

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trial date, pretrial conference, and other dates and deadlines, including, but not limited to, a fact

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discovery cut-off of May 2, 2011;

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WHEREAS, Plaintiff thereafter filed his second amended complaint, which added a new
defendant, Deutsche Bank National Trust Company, as trustee (“Deutsche Bank”);

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WHEREAS, on April 8, 2011, the Court reassigned this case to the Honorable Jeremy Fogel;

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WHEREAS, on April 11, 2011, the Court vacated the trial date and the pretrial conference

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date, apparently because of the judicial reassignment of the case;
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STIPULATION AND ORDER CONTINUING DATES AND DEADLINES
W:\Saxon Mortgage Services, Inc. (1434)\097 (Sencion)\Pleadings\DC filings\Stip & PO Continuing Dates.doc

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WHEREAS, Deutsche Bank has not yet appeared in the case, and the time for Deutsche
Bank to respond to the second amended complaint has not yet expired; and
WHEREAS, Saxon and Ocwen have commenced written discovery, but the parties believe

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that conducting the additional necessary discovery, in particular the necessary depositions, before the

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existing (May 2, 2011) fact discovery cutoff would be inefficient because the case is not yet entirely

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at issue and there is now no trial date;

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NOW, THEREFORE, the Parties stipulate and agree that each of the dates and deadlines in

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the Court’s January 20, 2011 case management order shall be continued 120 calendar days, as

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follows:

Attorneys & Counselors At Law

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Fact Discovery Cutoff: August 30, 2011;

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WOLFE & WYMAN LLP

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2.

Designation of Opening Experts with Reports: September 29, 2011;

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3.

Designation of Rebuttal Experts with Reports: October 29, 2011;

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4.

Last Day for Dispositive Motion Hearing: January 29, 2012.

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IT IS SO STIPULATED.
DATED: April 13, 2011

WOLFE & WYMAN LLP

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By: /s/ Marcus T. Brown
STUART B. WOLFE
MARCUS T. BROWN
Attorneys for Defendant
SAXON MORTGAGE SERVICES, INC.

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DATED: April 13, 2011

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By: /s/ Rizza Gonzales
EDWARD O. LEAR
RIZZA GONZALES
Attorneys for Plaintiff
OSCAR MADRIGAL SENCION

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CENTURY LAW GROUP LLP

DATED: April 13, 2011

HOUSER & ALISON APC

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By: /s/ Brian Edwards
BRIAN EDWARDS
Attorneys for Defendant
OCWEN LOAN SERVICING, LLC

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STIPULATION AND ORDER CONTINUING DATES AND DEADLINES
W:\Saxon Mortgage Services, Inc. (1434)\097 (Sencion)\Pleadings\DC filings\Stip & PO Continuing Dates.doc

------------------- ORDER
[PROPOSED]

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Having reviewed the foregoing stipulation, and good cause appearing, the Court ORDERS

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that the dates and deadlines in the Court’s January 20, 2011 case management order are hereby

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continued 120 calendar days, as follows:

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1.

Fact Discovery Cutoff: August 30, 2011;

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2.

Designation of Opening Experts with Reports: September 29, 2011;

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3.

Designation of Rebuttal Experts with Reports: October 29, 2011;

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4.

Last Day for Dispositive Motion Hearing: January 29, 2012.

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IT IS SO ORDERED.

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Attorneys & Counselors At Law

WOLFE & WYMAN LLP

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4/14/11
Dated: ____________, 2011

____________________________________________
JUDGE OF THE U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION AND ORDER CONTINUING DATES AND DEADLINES
W:\Saxon Mortgage Services, Inc. (1434)\097 (Sencion)\Pleadings\DC filings\Stip & PO Continuing Dates.doc