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Armando Plascencia and Melania Plascencia, Individually and On Behalf of All Others Similarly Situated v. Lending 1st Mortgage; LLC; Emc Mortgage Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- OAKLAND DIVISION


December 2, 2011

ARMANDO PLASCENCIA AND MELANIA PLASCENCIA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
LENDING 1ST MORTGAGE; LLC; EMC MORTGAGE CORPORATION, AND DOES 1 THROUGH 10, 21 INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

SHEPPARD, MULLIN, RICHTER & LEANN PEDERSEN POPE HAMPTON LLP (Admitted Pro Hac Vice) 2 A limited Liability Partnership lpope@burkelaw.com Including Professional Corporation STEPHEN R. MEINERTZHAGEN 3 MOLLY R. NEWLAND, CBN 244928 (Admitted Pro Hac Vice) mnewland@sheppardmullin.com smeinertzhagen@burkelaw.com SHANNON Z. PETERSEN, CBN 211426 SUSAN MILLER OVERBEY 5 spetersen@sheppardmullin.com (Admitted Pro Hac Vice) Four Embarcadero Center, 17th Floor soverbey@burkelaw.com 6 San Francisco, California 94111-4109 BURKE, WARREN, MACKAY & SERRITELLA, Telephone: 415-434-9100 P.C. 7 Facsimile: 415-434-3947 330 North Wabash Avenue, 22nd Floor 8 Chicago, Illinois 60611 Telephone: 312-840-7000 Facsimile: 312-840-7900 Attorneys for Defendant EMC MORTGAGE LLC, formerly known as EMC MORTGAGE CORPORATION 11

Hon. Claudia Wilken

CLASS ACTION CORRECTED AMENDED STIPULATION AND [PROPOSED] ORDER TO LENDING 1ST ENLARGE BRIEFING SCHEDULE ON MORTGAGE, PLAINTIFFS' SECOND MOTION TO AMEND CLASS CERTIFICATION ORDER AND TO CONTINUE DECEMBER 15, 2011 HEARING DATE Crtrm.: 2

Complaint Filed: August 29, 2007 Trial Date: June 18, 2012

WHEREAS on November 9, 2011, Plaintiffs filed their Second Motion to Amend Class Certification Order (Dkt. No. 285) (the "Second Motion to Amend"); and

WHEREAS pursuant to L. R. 7-3(a), defendants EMC Mortgage LLC ("EMC") and Lending 1st Mortgage ("Lending 1st") are required to file their oppositions to the Second Motion to 5 Amend by November 23, 2011; and 6

WHEREAS pursuant to L.R. 7-3(c), Plaintiffs' reply in support of their Second Motion to 7 8 Amend is due on November 30, 2011; and

WHEREAS the Second Motion to Amend is set for hearing on December 15, 2011 at 2:00 p.m. (Dckt. No. 285); and

WHEREAS pursuant to L.R. 7-7(a), the hearing date may be continued by Plaintiffs' filing a 12 notice continuing the hearing date but because the Parties are also seeking to enlarge the briefing 13 schedule they are submitting the instant stipulation; and

WHEREAS no party has previously requested an extension of time with respect to the 15 16 Second Motion to Amend.

THEREFORE, EMC, Lending 1st, and the Plaintiffs hereby stipulate to, and request that the Court approve, an extension of the deadlines with respect to the Second Motion to Amend, as follows: 20

Event Current Deadline Proposed Deadline Defendants to file November 23, 2011 December 2, 2011 opposition to Second Motion to Amend Plaintiffs to file reply November 30, 2011 December 16, 2011 in support of Second Motion to Amend Hearing on Second December 15, 2011 at 2:00 January 12, 2012 at Motion to Amend p.m. 2:00 p.m.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

Date:

20111202

© 1992-2011 VersusLaw Inc.



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