The opinion of the court was delivered by: The Honorable Saundra B. Armstrong United States District Judge
JOHN R. DANOS (CA SBN 210964) email@example.com 2 TIFFANY M. IKEDA (CA SBN 280083) firstname.lastname@example.org 3 ARNOLD & PORTER LLP 777 South Figueroa, 44th Floor 4 Los Angeles, CA 90017-5844 Telephone: 22.214.171.12400 5 Facsimile: 126.96.36.19999 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 email@example.com 12 firstname.lastname@example.org 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
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 ...