Franczak v. Suntrust Mortgage, Inc.

Filing 32

Order as Modified Granting 31 Stipulation to Extend Discovery Deadline and Pretrial Hearing Dates. Signed by Hon. Edward J. Davila on 12/6/2012.(ecg, COURT STAFF) (Filed on 12/6/2012)

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T. Robert Finlay (SBN: 167280)
Todd E. Chvat (SBN: 238282)
WRIGHT, FINLAY & ZAK, LLP
4665 MacArthur Court, Suite 280
Newport Beach, CA 92660
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SUNTRUST MORTGAGE INC.

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Attorneys for Plaintiff
BERNIE FRANCZAK

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Matthew Mellen (SBN: 233350)
Jessica Galletta (SBN: 281179)
MELLEN LAW FIRM
411 Borel Ave, Suite 230
San Mateo, California 94402
Telephone:
[phone]
Facsimile:
[phone]

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12/6/2012

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BERNIE FRANCZAK, an individual

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v.

Case No.: 12-CV-01453-EJD

Plaintiff,

Hon. Edward J. Davila
STIPULATION TO EXTEND
DISCOVERY DEADLINES AND
PRETRIAL HEARING DATES ;
[PROPOSED] ORDER AS MODIFIED
XXXXXXXX

SUNTRUST MORTGAGE INC., a Virginia
business entity; and Does 1-50, inclusive,
Defendants.

Date Action Filed:
Trial Date:

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STIPULATION AND [PROPOSED] ORDER

February 17, 2012
None Set

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STIPULATION
Plaintiff Bernie Franczak (“Plaintiff”) and Defendant Suntrust Mortgage, Inc.
(“Defendant”), by and through their respective counsel, STIPULATE AND AGREE as follows:
WHEREAS, Plaintiff filed a Complaint on February 17, 2012;
WHEREAS on July 2, 2012, the Court issued a Case Management Order, setting a
discovery and pretrial schedule in this case;
WHEREAS, the following schedule currently applies to this case:
EVENT

DEADLINE

Fact Discovery Cutoff

January 21, 2013

Designation of Opening Experts with Reports

February 4, 2013

Designation of Rebuttal Experts with Reports

February 18, 2013

Expert Discovery Cutoff

March 11, 2013

Deadline(s) for Filing Discovery Motions

See Civil Local Rule 37-3

Deadline for Filing Dispositive Motions

April 18, 2013

Preliminary Trial Conference

11:00 a.m. on December 13, 2013

Joint Preliminary Pretrial Conference Statement

December 3, 2013

WHEREAS, on September 12, 2012, the parties stipulated and agreed to a stay of
litigation and all foreclosure proceedings of the Subject Property while they investigated the
possibility of a loan modification;
WHEREAS, on September 14, 2012the Court, having accepted the Parties’ stipulation,
ordered all proceedings stayed for one hundred and twenty (120) days, up to and including
January 9, 2013. Pursuant to that Order, the Court vacated the scheduled Motion to Dismiss
Hearing;
WHEREAS, on November 27, 2012, Defendant Suntrust requested the Court reset its
previously vacated Motion to Dismiss.
WHEREAS On November 28, 2012, the Court granted Defendant’s request to reset the
hearing on Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint;
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STIPULATION AND [PROPOSED] ORDER
XXXXX

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WHEREAS, Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint is
currently scheduled for March 8, 2013 at 9:00 a.m.,
Based on the foregoing and for good cause shown, the parties stipulate to the following
discovery and pretrial schedule and request the Court extend the previously set discovery and
pretrial deadlines as follows:
EVENT

DEADLINE

Fact Discovery Cutoff

July 30, 2013

Designation of Opening Experts with Reports

August 13, 2013

Designation of Rebuttal Experts with Reports

August 27, 2013

Expert Discovery Cutoff

September 10, 2013

Deadline(s) for Filing Discovery Motions

See Civil Local Rule 37-3

Deadline for Filing Dispositive Motions

October 15, 2013

Preliminary Trial Conference

April 14, 2014

Joint Preliminary Pretrial Conference Statement

April 4, 2014

Respectfully submitted,
Dated: December 5, 2012

MELLEN LAW FIRM

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By:

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Dated: December 5, 2012

/s/ Jessica Galletta
Jessica Galletta, Esq.
Attorneys for Plaintiff
BERNIE FRANCZAK
WRIGHT, FINLAY & ZAK, LLP

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By:

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/s/ Todd Chvat
Todd Chvat, Esq.
Attorney for Defendant
SUNTRUST MORTGAGE, INC.

STIPULATION AND [PROPOSED] ORDER
XXXXX

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[PROPOSED] ORDER
Pursuant to the above Stipulation and good cause appearing, IT IS SO ORDERED that the

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following pretrial schedule is set for this case as:

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EVENT

DEADLINE

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Fact Discovery Cutoff

July 30, 2013

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Designation of Opening Experts with Reports

August 13, 2013

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Designation of Rebuttal Experts with Reports

August 27, 2013

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Expert Discovery Cutoff

September 10, 2013

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Deadline(s) for Filing Discovery Motions

See Civil Local Rule 37-3

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Deadline for Filing Dispositive Motions

October 15, 2013

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Preliminary Trial Conference

11:00 a.m. December 13, 2013

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Joint Preliminary Pretrial Conference Statement

December 3, 2013

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Dated:

12/6/2012
Honorable Edward J. Davila
United States District Judge

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STIPULATION AND [PROPOSED] ORDER