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Flagstar Bank, Fsb, A Federally Chartered Savings Bank v. the Loan Experts Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 16, 2012

FLAGSTAR BANK, FSB, A FEDERALLY CHARTERED SAVINGS BANK,
PLAINTIFF,
v.
THE LOAN EXPERTS CORPORATION, D/B/A ALL AMERICAN FINANCE, A CALIFORNIA CORPORATION,
HORMOZ NAZARI, 15 AN INDIVIDUAL, ELIZABETH CORTEZ PADILLA, AN INDIVIDUAL,
1350 ESCONDIDO COASTAL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
WESTLAKE COASTAL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
VCH¶ SALINAS 1, LLC, A CALIFORNIA LIMITED 18 LIABILITY COMPANY,
ALL-STAR APPRAISALS, INC., A CALIFORNIA CORPORATION,
JAMES MAY, 19 AN INDIVIDUAL,
STEWART TITLE OF CALIFORNIA, A CALIFORNIA CORPORATION,,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Donna M. Ryu United States Magistrate Judge

NANCY J. JOHNSON, CA STATE BAR NO. 111615 BERLINER COHEN 2 TEN ALMADEN BOULEVARD ELEVENTH FLOOR 3 SAN JOSE, CALIFORNIA 95113¶2233 TELEPHONE: (408) 286¶5800 4 FACSIMILE: (408) 998¶5388 nancy.johnson@berliner.com 5 ATTORNEYS FOR DEFENDANT AND CROSS¶DEFENDANT STEWART TITLE OF CALIFORNIA, INC. ERRONEOUSLY SUED HEREIN AS STEWART TITLE OF CALIFORNIA 7 8

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS¶ CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER; AND DECLARATION [L.R. 6¶2] AND RELATED CROSS¶ACTION. 22 23

WHEREAS, on March 9, 2012, this Court denied Stewart Title's Motion to Dismiss Cross¶Claim without prejudice and issued its Notice of Reference and Order Re: Discovery 3 Procedures. 4

This Stipulation is made pursuant to Local Rule 6¶2 by and between Cross¶Claimants The Loan Experts Corporation dba All American Finance and Hormoz Nazari ("Cross¶Claimants") 25 and Cross¶Defendant Stewart Title of California, Inc. ("Stewart Title") through their respective 26 attorneys.

WHEREAS, On March 13, 2012, Stewart Title and Cross¶Claimants met and conferred 5 as ordered; 6

WHEREAS, Cross¶Claimants have produced documents, a Second Supplemental Initial Disclosure, and intend to produce additional documents this week; 8 WHEREAS, Stewart Title has not had sufficient time to review the documents recently 9 produced and will not have sufficient time to review additional documents before the Court's 10 Friday, March 16, 2012, deadline to file a joint letter regarding the discovery dispute; 11

WHEREAS, Stewart Title and Cross¶Claimants intend to continue to meet in good faith 12 in an attempt to resolve the pending death discovery dispute and need additional time to 13 complete the meet and confer process; 14

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through 15 their respective counsel of record, that the court should extend the period in which to file their 16 joint discovery letter with the Court to March 30, 2012. 17

IT IS SO STIPULATED.

DECLARATION OF CHRISTIAN E. PICONE

I, Christian E. Picone, declare:

1. I am an attorney licensed to practice in the state of California, I am admitted to 4 practice before this honorable court, and I am an associate at the law firm of Berliner Cohen. I, 5 along with Nancy J. Johnson, represent Cross¶Defendant Stewart Title of California, Inc. in the 6 above referenced case. 7

2. On March 13, 2012, Stewart Title and Cross¶Claimants, through counsel, met and 8 conferred. 9

3. Cross¶Claimants recently produced documents and are in the process of producing 10 additional documents. 11

4. Stewart Title has not had sufficient time in which to review the documents 12 recently received and will be unable to review additional documents before the Court's deadline 13 to file a joint discovery letter. 14

5. Additional time in which to file the joint discovery letter will allow the parties to 15 continue to meet and confer an attempt to resolve or narrow the discovery dispute. 16

6. The Court has previously granted time modifications pursuant to stipulation 17 regarding Rule 12(b) motions, enlarging time to serve, filing answers, and setting the initial Case 18 Management Conference. 19

7. The granting of the stipulation and request to extend the date for the filing of the 20 discovery letter would not require the Court to modify the schedule for this case. 21

I declare under penalty of perjury under the laws of the United States that the foregoing is 22 true and correct. 23

Executed this 15th day of March 2012. /S/CHRISTIAN E. PICONE

CHRISTIAN E. PICONE

ATTESTATION PURSUANT TO GEN. ORDER 45

I, Christian E. Picone, and the ECF user whose ID and password are being used to file 4 this STIPULATION AND ORDER TO EXTEND TIME FOR STEWART TITLE OF CALIFORNIA, INC AND CROSS¶CLAIMANTS TO PROVIDE A JOINT DISCOVERY LETTER; AND DECLARATION. In compliance with General Order 45, X.B., I hereby attest 7 that attorney Freeda Y. Lugo of the law firm of Morgan, Franich, Fredkin & Marsh, has 8 concurred in this filing. 9

BERLINER COHEN /S/CHRISTIAN E. PICONE CHRISTIAN E. PICONE ATTORNEYS FOR CROSS¶DEFENDANT STEWART TITLE OF CALIFORNIA, INC.

ORDER PURSUANT TO STIPULATION

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:

That the Court vacates its previously ordered deadline of Friday, March 16, 2012 for the 4 filing of the ordered joint discovery letter. Stewart Title and Cross¶Claimants shall file a joint 5 discovery letter no later than Friday, March 30, 2012. All other provisions of the Court's Notice 6 of a Referenced and Order dated March 9, 2012, remain in effect. 7

IT IS SO ORDERED

Judge Donna M. Ryu

20120316

© 1992-2012 VersusLaw Inc.



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