ARMANDO PLASCENCIA and MELANIA PLASCENCIA, individually and on behalf of all others similarly situated, Plaintiffs,
LENDING 1ST MORTGAGE, LENDING 1ST MORTGAGE LLC, EMC MORTGAGE CORPORATION, and DOES 1 through 10 inclusive, Defendants.
Jeffrey K. Berns, (SBN 131351) BERNS WEISS LLP, Woodland Hills, CA, -and- Lee A. Weiss (admitted pro hac vice) Garden City, New York.
Mark R. Cuker, (admitted pro hac vice) WILLIAMS CUKER BEREZOFSKY, Philadelphia, PA, Gerson H. Smoger, (SBN 79196) Steven M. Bronson, (SBN 246751) SMOGER & ASSOCIATES, Oakland, CA, Attorneys for Plaintiffs and the Class.
J. Mark Moore (SBN 180473) SPIRO MOORE LLP, Los Angeles, CA, David M. Arbogast, (SBN 167571) ARBOGAST BOWEN LLP, Los Angeles, CA, Gerson H. Smoger, (SBN 79196) Steven M. Bronson, (SBN 246751) SMOGER & ASSOCIATES, Oakland, CA, Christopher A. Seeger, (admitted pro hac vice) SEEGER WEISS LLP, New York, NY, -and- Jonathan Shub, (SBN 237708) SEEGER WEISS LLP, Philadelphia, PA, Attorneys for Plaintiffs and the Class.
Stephen R. Meinertzhagen, (Admitted Pro Hac Vice) LeAnn Pedersen Pope (Admitted Pro Hac Vice) Susan Miller Overbey, (Admitted Pro Hac Vice) BURKE, WARREN, MacKAY & SERRITELLA, P.C., Chicago, Illinois, Gail E. Lees, (SBN 90363) Theodore J. Boutrous, Jr., (SBN 132099) Christopher Chorba, (SBN 216692) GIBSON, DUNN & CRUTCHER LLP, Los Angeles, California. Attorneys for Defendants: EMC MORTGAGE LLC, formerly known as EMC MORTGAGE CORPORATION.
JOINT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND STIPULATION TO VACATE DEADLINES AND STAY ALL PENDING MOTIONS
CLAUDIA WILKEN, District Judge.
Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6-1(b), plaintiffs Armando Plascencia and Melania Plascencia ("Plaintiffs"), and defendant EMC Mortgage Corporation ("EMC") (together, with Plaintiffs, the "Parties"), through their undersigned counsel, stipulate as follows:
WHEREAS, on August 21, 2009, the Court entered an Order granting in part and denying in part Plaintiffs' class certification motion (Dkt. No. 178), certifying a Class to pursue claims for violations of Cal. Bus. & Prof. Code §§ 17200, et seq . and common law fraud.
WHEREAS, on October 16, 2009, the Court appointed Plaintiffs Armando Plascencia and Melania Plascencia as the Class Representatives, the law firms of Smoger & Associates, Arbogast & Berns LLP, Seeger Weiss LLP, and Williams Cuker Berezofsky as Class Counsel, and certified the following Class:
All individuals who, between August 29, 2003 and May 12, 2011, have or have had a Monthly Option ARM loan that: (a) was originated by LENDING 1st MORTGAGE and then sold or owned by LENDING 1st MORTGAGE OR EMC MORTGAGE CORPORATION; (b) was secured by real property in the United States; and (c) was originated or otherwise approved by Defendant LENDING 1st MORTGAGE within the State of California.
On November 29, 2010, the Court appointed J. Mark Moore of Spiro Moss LLP(now known as Spiro Moore LLP) as an additional class counsel. (Dkt. No. 246.)
WHEREAS, on February 24, 2012, the Court entered an order (Dkt. No. 328) granting the parties' joint motion for administrative relief from the case management order (Dkt. No. 327) setting the final pretrial conference for October 24, 2012 at 2:00 p.m. and setting the trial date for November 5, 2012 at 8:30 a.m.
WHEREAS, on July 2, 2012, Plaintiffs filed their Motion for Partial Summary Judgment, or, in the Alternative, Summary Adjudication (Dkt. Nos. 349, 368);
WHEREAS, on July 13, 2012, EMC filed its Motion to Decertify the Class and Motion for Summary Judgment (Dkt. No. 356), Motion to Exclude the Testimony of Leonard Lyons (Dkt. No. 357), Motion to ...