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Zaldana v. KB Home

February 20, 2009

HUGO ZALDANA AND GARY GUARDINEER, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
KB HOME, A DELAWARE CORPORATION; COUNTRYWIDE CORPORATION DBA COUNTRYWIDE HOME LOANS, A DELAWARE CORPORATION; AND FIRST AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Hon. Maxine M. Chesney United States District Court Judge

(Judge Maxine M. Chesney)

MARCH 6, 2009

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT FINANCIAL CONFERENCE

STIPULATION

WHEREAS, this action was originally filed on July 15, 2008;

WHEREAS, Plaintiffs filed a First Amended Complaint on or about October 9, 2008;

WHEREAS, the Defendants filed Motions to Dismiss the First Amended Complaint, which Motions were granted by this Court in whole (with respect to Defendants Countrywide Financial Corporation and First American Title Company) and in part (with respect to Defendant KB Home) pursuant to its February 10, 2009 Order ( Order );

WHEREAS, the Order further stated that, to the extent plaintiffs may be able to cure deficiencies in the First Amended Complaint, Plaintiffs have leave to file a Second Amended Complaint, which shall be filed no later than March 13, 2009;

WHEREAS, Plaintiffs presently intend to file a Second Amended Complaint;

WHEREAS, a Case Management Conference in this matter is currently scheduled for March 6, 2009;

WHEREAS, the parties agree that, in the interests of judicial economy, it is desirable to continue the Initial Case Management Conference until after the Second Amended Complaint is filed or after any motions to dismiss the Second Amended Complaint are resolved depending on the content of the Second Amended Complaint.

WHEREFORE, in the interest of judicial economy, the parties hereby agree and stipulate, and request that the Court continue the Initial Case Management Conference to a date to be determined by further stipulation and proposed order to be submitted no later than March 20, 2009. The parties further agree that the corresponding deadlines to serve their initial disclosures, file a Rule 26(f) report, and file a case management conference statement are similarly continued.

STIPULATION

IT IS SO ...


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