Lee C. Kamimura v. Green Tree Services, LLC

Filing 62

ORDER Granting 61 Stipulation to Extend Time Re: 59 Motion to Certify Class. Responses due by 3/28/2018. Replies due by 4/11/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/14/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00783-APG-CWH Document 61 Filed 03/13/18 Page 1 of 4

1 LAURA R. JACOBSEN
NV BAR NO. 13699
2 McDONALD CARANO LLP
100 W. Liberty St., 10th Floor
3 P.O. Box 2670
Reno, Nevada 89505
4 Telephone: [phone]
Facsimile: (775) 788-202
5 [e-mail]
6 JOHN B. SULLIVAN (CA Bar No. 96742)
DONALD H. CRAM (CA Bar No. 160004 )
7 [e-mail]
MARY KATE KAMKA (CA Bar No. 282911)
8 [e-mail]
LASZLO LADI (CA Bar No. 265564)
9 [e-mail]
SEVERSON & WERSON
10 A Professional Corporation
One Embarcadero Center, Suite 2600
11 San Francisco, California 94111
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendant
Ditech Financial LLC
14 formerly known as
Green Tree Servicing LLc
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

18 Lee C. Kamimura, individually and all
others similarly situated,
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Plaintiff,
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vs.
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Ditech Financial LLC formally known
22 as Green Tree Servicing, LLC,
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Case No. 2:16-cv-00783-APG-CWH
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DEADLINE TO FILE
DEFENDANT’S RESPONSE TO
CLASS CERTIFICATION MOTION

Defendant.

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Plaintiff Lee C. Kamimura (“Plaintiff”) and Defendant Ditech Financial LLC,

26 fka Green Tree Services LLC (“Defendant” and together with Plaintiff, the
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2:16-cv-00783-APG-CWH
JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DEFENDANT’S RESPONSE TO CLASS
CERTIFICATION MOTION

11293.0677/11121114.1

Case 2:16-cv-00783-APG-CWH Document 61 Filed 03/13/18 Page 2 of 4

1 “Parties”) by and through their counsel of record hereby stipulate to extend the
2 motions deadline in this case as follows:
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(1) The deadline for Defendant to file its opposition to Plaintiff’s motion for

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class certification will be March 28, 2018.

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(2) The deadline for Plaintiff to file his reply will be April 11, 2018.

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The current deadline to file dispositive motions is March 21, 2018. ECF No.

7 59.
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Good cause exists to amend the deadline by which Defendant must file its

9 opposition to Plaintiff’s Motion for Class Certification.

The parties originally

10 agreed that Defendant would have three weeks to respond to the Motion. ECF No.
11 26, p. 3:14-16; ECF No. 40, p. 2:18-20; ECF No. 42, p. 2:15-18; and ECF No. 42, p.
12 2:12-15. When the parties stipulated that Plaintiffs could have an extension to file
13 the Motion for Class Certification, they inadvertently failed to include Defendant’s
14 response date in that stipulation.

ECF No. 52. Therefore, this stipulation is

15 necessary to effectuate the parties’ agreement that Defendant will have 21 days to
16 respond to Plaintiff’s Motion for Class Certification.
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The Parties are also continuing to actively discuss an informal resolution to

18 this matter.
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The Parties respectfully propose the following briefing schedule:
(1) The deadline for Defendant to file its opposition to Plaintiff’s motion for

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class certification will be March 28, 2018.
(2) The deadline for Plaintiff to file his reply will be April 11, 2018.
The Court has not yet set a hearing for the Motion for Class Certification.

24 Therefore, these seven-day extensions will not affect any previous hearing dates set
25 by the Court.
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//

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//

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2:16-cv-00783-APG-CWH
2
JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DEFENDANT’S RESPONSE TO CLASS
CERTIFICATION MOTION

11293.0677/11121114.1

Case 2:16-cv-00783-APG-CWH Document 61 Filed 03/13/18 Page 3 of 4

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This is the Parties’ seventh request for an extension of the class certification

2 motion deadlines, but the first request for an extension of the response deadline for
3 the opposition to the class certification motion.
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KAZEROUNI LAW GROUP, APC

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By: /s/ Michael Kind _____________
Michael Kind, Esq.
6069 South Fort Apache Road, Suite 100
Las Vegas, Nevada 89148
Attorneys for Plaintiff

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SEVERSON & WERSON

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By: /s/Mary Kate Kamka_______________
Donald H. Cram, Esq.
Laszlo Ladi, Esq.
Mary Kate Kamka, Esq.
One Embarcadero Center, Suite 2600
San Francisco, California 94111

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MCDONALD CARANO LLP

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By: /s/Laura R. Jacobsen_____________

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Laura R. Jacobsen, Esq.
100 W. Liberty St., 10th Floor
P.O. Box 2670
Reno, Nevada 89505
Attorneys for Defendant Ditech Financial LLC
formerly known as Green Tree Servicing LLC

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2:16-cv-00783-APG-CWH
3
JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DEFENDANT’S RESPONSE TO CLASS
CERTIFICATION MOTION

11293.0677/11121114.1

Case 2:16-cv-00783-APG-CWH Document 61 Filed 03/13/18 Page 4 of 4

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[PROPOSED] ORDER
IT IS HEREBY ORDERED that: The deadline for Defendant to file an

3 opposition to Plaintiff’s motion for class certification will be March 28, 2018, and
4 Plaintiff’s deadline to file his reply will be April 11, 2018.
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IT IS SO ORDERED.

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__________________________

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UNITED STATES MAGISTRATE JUDGE

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March 14, 2018
Dated: _______________

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4836-0890-4799, v. 1

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2:16-cv-00783-APG-CWH
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JOINT STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DEFENDANT’S RESPONSE TO CLASS
CERTIFICATION MOTION

11293.0677/11121114.1