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William G. Stewart and Nancy v. Bac Home Loans Servicing

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 2, 2011

WILLIAM G. STEWART AND NANCY
STEWART, PLAINTIFFS
v.
BAC HOME LOANS SERVICING, LP DEFENDANT.

The opinion of the court was delivered by: Hon. Susan Illston United States District Court

STIPULATION AND [PROPOSED] ORDER MODIFYING SECOND PRETRIAL PREPARATION ORDER

WHEREAS, on June 29, 2011, the Court issued the Second Pretrial Preparation Order 24 which set forth certain dates and deadlines, as indicated below; 25

WHEREAS, the parties, by mutual agreement, wish to extend certain of those dates and 26 deadlines. For ease of comparison, the dates/deadlines which the parties request be adopted are 27 indicated in parentheses following the dates/deadlines currently in effect; 28

DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below. 2

NON-EXPERT DISCOVERY CUTOFF is February 24, 2012 (March 16, 2012)

Parties SHALL conform to Rule 26(a)(2)

DESIGNATION OF EXPERTS: 11/23/11 (1/11/2012) REBUTTAL; 12/19/11 (1/25/12)

EXPERT DISCOVERY CUTOFF IS February 24, 2012 (March 16, 2012)

DISPOSITIVE MOTIONS SHALL be filed by March 30, 2012 (April 13, 2012);

Opp. Due April 13, 2012 (Per Local Rules-no later than April 27, 2012); Reply Due April 27

April 20, 2012 (per Local Rules-no later than May 4, 2012); and set for hearing no later than May 4, 2012 at 9:00 a.m (May 18, 2012 at 9:00 a.m.).

PRETRIAL CONFERENCE DATE: June 5, 2012 at 8:30 a.m. 10

JURY TRIAL DATE: June 18, 2012 at 8:30 a.m. 11

Courtroom 10, 19th floor

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS: The deadline to amend the pleadings is July 29, 2011. 13

The Court adjusted the trial schedule as indicated above.

This case shall be referred to a magistrate-judge for settlement purposes. The settlement 14 conference shall occur in December 2011 (February 2012). 15

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the case, including settlement. Parties SHALL conform to the attached instructions. Plaintiff is 16

ORDERED to serve a copy of this order on any party subsequently joined in this action. 17

WHEREAS, the parties agree that the above-described modification of the scheduling order will facilitate completion of discovery necessary to prepare for the Settlement Conference; 19

WHEREAS, plaintiff's counsel William E. Kennedy has confirmed with the Hon. Joseph C. Spero's staff that Judge Spero is available February 15, 2012 for a Settlement Conference and 21 has reserved that date, and all parties have affirmed their availability to attend the Settlement 22

Conference on that date; 23

SO STIPULATED

Dated: November 1, 2011 LAW OFFICE OF WILLIAM E. KENNEDY 25 HUMPHREYS WALLACE HUMPHREYS P.C. By: /s/ William E. Kennedy Attorneys for Plaintiffs WILLIAM G. STEWART and NANCY STEWART Dated: November 1, 2011 REED SMITH LLP 3 By: /s/ David S. Reidy Attorneys for Defendant BAC Home Loans LP Dated: October 26, 2011 KING & SPALDING LLP 7 By: _/s/___________________________ Ann K. Broussard Attorneys for Defendant EQUIFAX INFORMATION SERVICES LLC Dated: October 26, 2011 JONES DAY By: _/s/___________________________ Jason C. Wright Attorneys for Defendant EXPERIAN INFORMATION SOLUTIONS Dated: October 26, 2011 SCHUCKIT & ASSOCIATES ATTORNEYS FOR DEFENDANT TRANS UNION LLC BY: _/s/___________________________ Karen Butler Reisinger ATTESTATION PURSUANT TO GENERAL ORDER 45 obtained from the other signatories.

Executed on November 1, 2011 at Santa Clara, California.

William E. Kennedy, attest that concurrence in the filing of this document has been I declare under penalty of perjury that the foregoing is true and correct.

Dated: November 1, 2011 LAW OFFICE OF WILLIAM E. KENNEDY 25

William E. Kennedy

Attorneys for Plaintiffs WILLIAM G. STEWART and

NANCY STEWART

By: /s/

ORDER

Pursuant to stipulation, the Second Pretrial Order is amended as follows:

DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below. 5

NON-EXPERT DISCOVERY CUTOFF is March 16, 2012 6

Parties SHALL conform to Rule 26(a)(2)

DESIGNATION OF EXPERTS: 1/11/12 REBUTTAL; 1/25/12 7

EXPERT DISCOVERY CUTOFF IS March 16, 2012 than May 18, 2012 at 9:00 a.m. The schedule for the briefing and hearing the Motion shall be per 11 the Local Rules. For example, if the Motion is filed on the last possible day, the Opposition will be due April 27, 2012, the Reply will be due May 4, 2012; and the Motion shall be set for 13 hearing on May 18, 2012 at 9:00 a.m. 14

JURY TRIAL DATE: June 18, 2012 at 8:30 a.m.

Courtroom 10, 19th floor

DISPOSITIVE MOTIONS SHALL be filed by April 13, 2012 and be set for hearing no later

Apirl 27

PRETRIAL CONFERENCE DATE: June 5, 2012 at 8:30 a.m. 15

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS: 17

This case shall be referred to a magistrate-judge for settlement purposes. The settlement conference shall occur in February 2012. 19

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the 20 case, including settlement. Parties SHALL conform to the attached instructions. Plaintiff is ORDERED to serve a copy of this order on any party subsequently joined in this action. 21 22

The deadline to amend the pleadings is July 29, 2011. The Court adjusted the trial schedule as indicated above. 18

SO ORDERED

As

20111102

© 1992-2011 VersusLaw Inc.



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