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Jeffrey Schulken and Jenifer Schulken v. Washington Mutual Bank

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 3, 2012

JEFFREY SCHULKEN AND JENIFER SCHULKEN, INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED INDIVIDUALS,
PLAINTIFFS,
v.
WASHINGTON MUTUAL BANK, HENDERSON, NEVADA; JPMORGAN CHASE BANK, N.A.,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Lucy H. Koh

Sean P. Reis (Cal. Bar. No. 184044) EDELSON MCGUIRE, LLP Lakeview Tower 30021 Tomas Street, Suite 300 Rancho Santa Margarita, CA 92688 Telephone: (949) 459-2124 Facsimile: (949) 459-2123 sreis@edelson.com Attorneys for Plaintiffs, JEFFREY AND JENIFER SCHULKEN GEORGE G. WEICKHARDT (SBN 58586) WENDY C. KROG (SBN 257010) ROPERS, MAJESKI, KOHN & BENTLEY 201 Spear Street, Suite 1000 San Francisco, CA 94105-1667 Telephone: (415) 543-4800 Facsimile: (415) 972-6301 gweickhardt@rmkb.com wkrog@rmkb.com Attorneys for Defendant, JPMORGAN CHASE BANK, N.A.

STIPULATION AND PROPOSED ORDER TO CONTINUE DISCOVERY DEADLINES

Fifth Am. Complaint filed: 10/14/2011

WHEREAS, on October 13, 2011, the Court held a hearing on Plaintiffs' Motion for Class Certification which the Court took under advisement; 24 Whereas, on October 14, 2011, Plaintiffs Jeffrey and Jennifer Schulken ("Plaintiffs") 25 filed their Fifth Amended Complaint, to which Defendant JPMorgan Chase Bank, N.A. 26 ("Defendant") filed its Answer on October 28, 2011; 27 28 2 continuation of discovery deadlines. (Dkt. 173.) The basis for the stipulation was that the 3 Court's ruling on Plaintiffs' Motion for Class Certification. The stipulation sought, in the 5 interest of judicial economy and so that the Parties could focus discovery on relevant matters 6 only, a 45-day extension of discovery and related deadlines, pending the Court's 7 consideration of the motion for class certification; 8

WHEREAS, on November 21, 2011, the Parties filed a stipulation seeking a Parties were not certain as to what expert discovery may be needed or relevant following this

WHEREAS, on November 22, 2011, this Court entered an Order modifying the Parties' proposed stipulated schedule and setting the following dates:

Additional expert disclosures: January 6, 2012

Additional rebuttal expert disclosures: January 20, 2011

Discovery cut-off: February 27, 2012

Deadline for additional dispositive motions: March 5, 2012

Hearing on dispositive motions: April 12, 2012, at 1:30 pm

Pretrial conference: May 30, 2012, at 2:00 pm

Trial: June 18, 2012, at 9:00 am. Trial length is estimated at 10 days.

(Dkt. 174.) 19

20 or relevant following this Court's ruling on Plaintiffs' Motion for Class Certification; 21

22 knowledge and understanding that the Court is not inclined to continue the deadlines based on 23 that reason alone; 24

WHEREAS, in the interest of judicial economy and so that the Parties may focus discovery on relevant matters only, the Parties seek an additional 30 day extension of certain 26 of the relevant deadlines, and propose new deadlines as follows (without any change to the 27 Pretrial Conference or Trial dates): 28

WHEREAS, the Parties remain uncertain as to what expert discovery may be needed

WHEREAS, the Parties continue to explore settlement possibilities with the 10 litigation.

Additional expert disclosures: February 3, 2012

Additional rebuttal expert disclosures: February 17, 2012

Discovery cut-off: March 28, 2012

Deadline for additional dispositive motions: April 6, 2012

Hearing on dispositive motions: May 17, 2012, at 1:30 pm

Pretrial conference: May 30, 2012, at 2:00 pm

Trial: June 18, 2012, at 9:00 am. Trial length is estimated at 10 days.

This Stipulation is made in good faith and not for the purposes of delaying this Respectfully submitted, 2 3

ORDER

Pursuant to the stipulation,

IT IS SO ORDERED. 21 22

UNITED STATES DISTRICT JUDGE LUCY H. KOH

20121203

© 1992-2012 VersusLaw Inc.



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