STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR FILING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION [Local Rules 83-143; 6-144(a)]
WHEREAS, the Court previously continued the deadline for Plaintiff Josefina Quezada ("Plaintiff") to file her Motion for Class Certification to June 8, 2009 in an effort to explore settlement;
WHEREAS, settlement efforts have been unsuccessful thus far in resolving this action;
WHEREAS, since the time that the deadline was continued to June 8, 2009, defendants EMC Mortgage Corporation, Structured Asset Mortgage Investments II, and Bank of New York Mellon Corporation (collectively "Defendants") and Plaintiff have continued to request and secure discovery related to class certification issues. The parties are engaging in good-faith efforts, including frequent conferences, in an effort to complete discovery.
WHEREAS, the parties now seek to continue the Plaintiff's filing deadline to a date in August to allow the parties to complete discovery necessary for Plaintiff's Motion for Class Certification.
WHEREAS, the parties now seek to continue the Defendants' opposition filing deadline to a date in September.
WHEREAS, Local Rules 83-143 and 6-144(a) provide that the parties may request a continuance on a filing deadline by submitting a stipulation for the Court's approval;
IT IS HEREBY STIPULATED by and between Plaintiff Josefina Quezada and Defendants EMC Mortgage Corporation, Structured Asset Mortgage Investments II, Inc., and Bank of New York Mellon Corporation, through their respective counsel, that the filing deadline on Plaintiff's Motion for Class Certification shall be continued to a date no later than August 8, 2009, and that the filing deadline on Defendants' response shall be continued to a date no later than September 22, 2009. Plaintiff's Reply in Support of Motion shall be filed no later than October 13, 2009. The Motion will be noticed for a hearing on October 26, 2009 at 2:00 p.m.
This extension of time will not alter the date of any other event or deadline already fixed by Court order.
Jeffrey K. Berns, Esq. ARBOGAST & BERNS LLP 19510 Ventura Boulevard, Suite 200 ...