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Mauder and Alice Chao; Deogeneso and Glorina Palugod v. Aurora Loan Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


October 11, 2012

MAUDER AND ALICE CHAO; DEOGENESO AND GLORINA PALUGOD;
AND MARITZA PINEL
HON. SAUNDRA B. ARMSTRONG ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY HON. LAUREL BEELER SITUATED, PLAINTIFF(S),
v.
AURORA LOAN SERVICES, LLC,
DEFENDANT(S).

The opinion of the court was delivered by: The Honorable Saundra B. Armstrong United States District Judge

JOHN R. DANOS (CA SBN 210964) john.danos@aporter.com 2 TIFFANY M. IKEDA (CA SBN 280083) tiffany.ikeda@aporter.com 3 ARNOLD & PORTER LLP 777 South Figueroa, 44th Floor 4 Los Angeles, CA 90017-5844 Telephone: 1.213.243.4000 5 Facsimile: 1.213.243.4999 6 Attorneys for Defendant Aurora Loan Services, LLC 7 [Additional counsel on signature page] 8 STEVE W. BERMAN (Pro Hac Vice) THOMAS E. LOESER (202724) 9 HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 10 Seattle, WA 98101 Telephone: (206) 623-7292 11 Facsimile: (206) 623-0594 steve@hbsslaw.com 12 toml@hbsslaw.com 13 Attorneys for Plaintiffs and the Class [Additional counsel on signature page] 14 15

JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULE

(collectively, "Plaintiffs") and defendant Aurora Loan Services, LLC ("Aurora") (collectively, the 3

Plaintiffs Mauder and Alice Chao, Deogeneso and Glorina Palugod, and Maritza Pinel

"Parties") hereby stipulate and agree, and request the Court modify the pre-trial schedule, as 4 follows. 5

This putative class action concerns Aurora's mortgage loan "workout agreements," also

7 known as "special forbearance agreements." The Parties incorporate by reference their respective 8 factual statements of the case from the Parties' prior Consolidated Joint Case Management 9

Over the past six months, the Parties have engaged in extensive discovery. Discovery

11 remains open until March 8, 2013. 12

13 filed their Motion for Class Certification. Doc. # 108. 14

Briefing on Plaintiffs' Motion for Class Certification. Doc. # 115. Aurora also filed a Motion for 16

I.BACKGROUND

Statement (Doc. # 59), and Joint Stipulation to Modify the Pre-Trial Schedule. Doc. # 92. 10

On September 18, 2012, pursuant to the existing pre-trial schedule (Doc. # 93), Plaintiffs

On September 24, 2012, Aurora filed a Motion to Strike or, in the Alternative, to Stay

Expedited Briefing/Hearing on the Motion to Strike on the same date. Doc. # 116. Plaintiffs' 17 opposition to the Motion to Strike is due to be filed on Tuesday, October 9, 2012. 18

15(a)(1)(B)(2), Plaintiffs intend to file a Second Consolidated Amended Complaint ("SCAC"). A 20 copy of the proposed SCAC was provided to Aurora on October 1, 2012, and Aurora has agreed to 21 stipulate to its filing. 22

Although these amendments restart the briefing schedule on Plaintiffs' Motion for Class 24

The deadline to amend pleadings in this case has not passed. Under Fed. R. Civ. P.

The Parties have agreed to the amendments to the pre-trial schedule described further below.

Certification to account for the filing of the SCAC, the remaining pre-trial schedule-including the 25 fact discovery cutoff and trial dates-remains unchanged. 26 27 28

3 its right to file a response to the SCAC under Rule 12. Pursuant to this stipulation, Plaintiffs will file 4 the SCAC on October 4, 2012.

October 22, 2012. Plaintiffs' opposition to Aurora's Rule 12 motion shall be due on November 5, 7

Third, if this stipulation permitting re-filing is approved by the Court, Plaintiffs will

9 withdraw their Motion for Class Certification filed on September 18, 2012 and file a new Motion 10 for Class Certification on or before November 16, 2012. 11

Fourth, Aurora's deadline to file its opposition to Plaintiffs' Motion for Class Certification

12 shall be December 28, 2012 and Plaintiffs' reply in support of their Motion for Class Certification 13 shall be filed on January 21, 2013. 14

3, 2012, or at such other mutually agreeable time. 16

Expedited Briefing on the Motion to Strike (Doc. # 116). 18

19 not rendered moot by the filing of the SCAC. Any ruling on the merits on said Motion will apply 20 equally to the SCAC. The hearing on Aurora's Motion for Judgment on the Pleadings shall remain 21 on October 23, 2012 at 1:00 p.m. 22

Court amend the existing pre-trial schedule as follows: 24 25 26 27 28

II.STIPULATION

First, Aurora has reviewed the proposed SCAC and stipulates to its filing, without waiver of

Second, Aurora's deadline to file a Rule 12 motion in response to the SCAC shall be

2012 and Aurora's reply shall be due on November 12, 2012. 8

Fifth, Aurora shall take the depositions of the named Plaintiffs during the week of December

Sixth, Aurora agrees to withdraw its Motion to Strike (Doc. # 115) and Motion for

Seventh, the parties agree that Aurora's Motion for Judgment on the Pleadings (Doc. #97) is

Eighth, in accordance with the foregoing agreements, the Parties hereby request that the

Matter Current Date*fn1 Proposed Date

Plaintiffs file stipulated SCAC (none) October 4, 2012 4

Hearing on Motion for Judgment on the October 23, 2012; 1:00 October 23, 2012; Pleadings p.m. 1:00 p.m. (no 5 change)

Aurora files Rule 12 motion in response to the SCAC (none) October 22, 2012 7 8

Plaintiffs file opposition to Aurora's Rule 12 motion in response to the SCAC (none) November 5, 2012 9 10

Aurora files reply in support of its Rule 12 motion in response to the SCAC (none) November 12, 2012 11

Plaintiffs file their Motion for Class 12

Certification (none) November 16, 2012 13

Hearing on Aurora's Rule 12 motion in response to the SCAC (none) December 4, 2012 at 1:00 p.m.

Aurora files Opposition to Motion for Class 15

Certification October 16, 2012 December 28, 2012 16

Plaintiffs file Reply in Support of Motion for Class Certification October 30, 2012 January 21, 2013 17

January 29, 2013, at

Class Certification Hearing December 4, 2012 1:00 p.m. or as otherwise set by the

Court

Fact Discovery Cut-Off March 8, 2013 March 8, 2013

(no change)

Rule 26(a)(2) Expert Designations March 8, 2013 22 and Reports March 8, 2013 (no change) 23

Mandatory Settlement Conference During the Month of During the Month of

May 2013 May 2013

(no change)

Rule 26(a)(2) Rebuttal Expert Designations March 29, 2013 and Reports March 29, 2013 (no change) 26 27

Doc. # 93 (June 15, 2012).

Expert Discovery Cut-Off April 19, 2013 April 19, 2013 2

(no change)

Final Filing Date for Dispositive Motions Court does not set Court does not set

(no change)

Motions Hearing Cut-Off April 30, 2013 April 30, 2013 5

(no change)

Pretrial Documents Due June 11, 2013 June 11, 2013

(no change)

Motions in limine / objections to evidence June 18, 2013 June 18, 2013

(no change)

7

Oppositions to motions in limine / objections June 25, 2013 to evidence June 25, 2013 (no change) 10 11

Replies to motions in limine / objections to July 2, 2013 evidence July 2, 2013 (no change) 12

July 16, 2013 at

Final Pre-Trial Conference July 16, 2013 at 1:00 p.m. 1:00 p.m.

(no change)

Trial Estimated (if class certified) July 29, 2013 at 8:30 July 29, 2013 at 15

5-10 Court Days a.m. 8:30 a.m.

(no change)

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel

18 for Plaintiffs and Aurora, upon consent of the Court, that: 19

The pretrial schedule is MODIFIED as set forth herein, and

Aurora's Motion to Strike (Doc. # 115) and Motion for Expedited Briefing on the Motion to

Strike (Doc. # 116) are hereby WITHDRAWN. 22

IT IS SO ORDERED.

GENERAL ORDER 45 ATTESTATION

In accordance with General Order 45, concurrence in the filing of this document has been

3 obtained from each of the signatories and I shall maintain records to support this concurrence for 4 subsequent production for the court if so ordered or for inspection upon request by a party. 5 6


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