Dorothy Peralta et al v. Countrywide Homes Loans, Inc. et al

Filing 61

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 56 Stipulation filed by Dorothy Peralta. Signed by Judge Phyllis J. Hamilton on 10/30/09. (nah, COURT STAFF) (Filed on 10/30/2009) [Transferred from California Northern on 11/19/2009.][Transferred from California Central on 2/2/2010.]

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SMOGER & ASSOCIATES Gerson H. Smoger (SBN 79196) [e-mail] Steven M. Bronson (SBN 246751) [e-mail] Mark T. Baller (SBN 261331) [e-mail] 3175 Monterey Blvd Oakland, CA, 94602-3560 Phone: [phone] Fax: [phone] SEEGER WEISS LLP Jonathan Shub (SBN 237708) [e-mail] Miriam L. Schimmel (SBN 185089) [e-mail] 1515 Market Street, Suite 1380 Philadelphia, PA 19107 Phone: [phone] Fax [phone] ARBOGAST & BERNS LLP David M. Arbogast (SBN 167571) [e-mail] Jeffrey K. Berns, Esq. (SBN 131351) [e-mail] 6303 Owensmouth Ave., 10th Floor Woodland Hills, CA 91367-2263 Phone: [phone] Fax: [phone]

Attorneys for Plaintiffs and all others Similarly Situated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION DOROTHY PERALTA, STEVEN S. ) BIGVERDI and JAMES MOSCOSO, on behalf ) of themselves and others similarly situated, ) ) Plaintiffs, ) ) ) v. ) ) ) COUNTRYWIDE HOME LOANS, INC. f/k/a ) AMERICAS WHOLESALE LENDER, ) COUNTRYWIDE HOME LOANS, INC., and ) COUNTRYWIDE BANK, FSB; and DOES 1 ) through 200, inclusive, ) ) Defendants. ) ) ) ) ) CASE NO. 3:09-cv-03288-PJH CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

Complaint filed: Removal filed:

June 2, 2009 July 17, 2009

Stipulation and [Proposed] Order re CMC and ADR dates - 3:09-cv-03288-PJH

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JOINT STIPULATION TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE AND EXTEND RELEVANT DEADLINES WHEREAS, on June 2, 2009, Plaintiffs, DOROTHY PERALTA, STEVEN S. BIGVERDI and JAMES MOSCOSO ("Plaintiffs"), filed their class action complaint in the Superior Court of California, Alameda County; WHEREAS, on July 17, 2009, defendants named as COUNTRYWIDE HOME LOANS, INC. f/k/a AMERICAS WHOLESALE LENDER, COUNTRYWIDE HOME LOANS, INC., and COUNTRYWIDE BANK, FSB ("Defendants), removed this action to this Court pursuant to 28 U.S.C. §§ 1331 and 1332; WHEREAS, after Defendants' removal, this action was originally assigned to the Honorable James Larson; WHEREAS, on July 17, 2009, Judge Larson issued an Order Setting Initial Case Management Conference and ADR Deadlines (the "July 17 Order"); WHEREAS, on August 12, 2009, Plaintiffs filed their Motion to Remand before Judge Larson; WHEREAS, by order dated August 14, 2009 (the "Reassignment Order"), the Clerk of the Court reassigned this case to this Court, the Honorable Phyllis J. Hamilton presiding; WHEREAS, the Reassignment Order stated "ALL MATTERS PRESENTLY SCHEDULED FOR HEARING ARE VACATED AND SHOULD BE RENOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THE CASE HAS BEEN REASSIGNED"; WHEREAS, on August 14, 2009, Plaintiffs filed their Amended Notice of Motion to Remand for hearing on September 16, 2009 before this Court; WHEREAS, on September 1, 2009, Defendants filed their Motion to Dismiss and Motion to Transfer Venue; WHEREAS, pursuant to the stipulation of the parties and order of the Court, the hearing on Plaintiffs' Motion for Remand and Defendants' Motions to Dismiss and Transfer Venue have been continued to November 4, 2009; WHEREAS, on August 20, 2009, this Court (Hamilton, J.) issued an Order Setting Case Management Conference (the "August 20 Order");
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WHEREAS, the August 20 Order set a case management conference in this action for November 5, 2009 -- the day after the current hearing date on Plaintiffs' Motion to Remand and Defendants' Motion to Dismiss and Transfer Venue -- and set October 30, 2009 as the deadline for the parties to file a joint case management statement; WHEREAS, in light of the November 4, 2009 hearing date and to conserve this Court's and parties' resources pending resolution of the motions now before the Court, the parties agree that it is appropriate to continue the November 5 case management conference to December 10, 2009 (or a date thereafter available to the Court following resolution of the Motions; WHEREAS, counsel for all parties are available on December 10, 2009; WHEREAS, no party will be prejudiced by the relief requested in this Stipulation; WHEREAS, on October 16, 2009, the Clerk of the Court issued its NOTICE RE: NONCOMPLIANCE WITH COURT ORDER concerning the ADR Deadline set forth in the July 17 Order; WHEREAS, pursuant to the Reassignment Order, the parties reasonably believed that the July 17 Order and ADR deadlines set forth therein had been vacated in their entirety; WHEREAS, in order to eliminate any issues going-forward with respect to the July 17 Order, the parties have agreed that it would be appropriate for this Court to vacate the July 17 Order and all deadlines set forth therein, including the ADR deadlines; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs, by their undersigned counsel, and Defendants, by their undersigned counsel, that (1) the Initial Case Management Conference set for November 5, 2009 should be rescheduled to December 10, 2009 (or a date thereafter convenient to the Court after resolution of the pending motions), (2) that all corresponding deadlines set forth in the August 20 Order shall be extended accordingly, and (3) the Court should vacate the July 17 Order and all deadlines set forth therein. IT IS SO STIPULATED: /// /// ///
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DATED: October 26, 2009

Respectfully submitted, DOROTHY PERALTA, STEVEN S. BIGVERDI and JAMES MOSCOSO By their attorneys, /s/ David M. Arbogast David M. Arbogast, Esq. ARBOGAST & BERNS LLP 6303 Owensmouth Ave., 10th Floor Woodland Hills, CA 91367-2263 Phone: [phone] Fax: [phone] Attorneys for Plaintiff

DATED: October 26, 2009

COUNTRYWIDE HOME LOANS, INC. f/k/a AMERICAS WHOLESALE LENDER, COUNTRYWIDE HOME LOANS, INC., and COUNTRYWIDE BANK, FSB By their attorneys, /s/ Brooks R. Brown Brooks R. Brown (SBN 250724) GOODWIN PROCTER LLP 10250 Constellation Boulevard Los Angeles, CA 90067 Phone: [phone] Fax: [phone] [e-mail] Attorneys for Defendants

[PROPOSED] ORDER Pursuant to the Stipulation of counsel, and for good cause shown, IT IS HEREBY ORDERED that: 1. The Court's (Larsen, M.J.) July 17, 2009 Order Setting Initial Case Management

Conference and ADR Deadlines, together with all deadlines set forth there, is vacated; and The Initial Case Management Conference currently scheduled for November 5, 2009 2009 December 10 shall be continued to _________________, 2010, with the parties' joint case management statement due not less than seven (7) days before the conference; and
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2.

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3.

The Clerk of the Court shall issue new ADR Deadlines based upon the

_________________, 2010 Initial Case Management Conference date.

IT IS SO ORDERED

UNIT ED

Oct. 30 Dated: ________, 2009

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