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Spears v. First American Eappraiseit

United States District Court, Ninth Circuit

August 30, 2013

FELTON A. SPEARS, JR. and SIDNEY SCHOLL, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
FIRST AMERICAN EAPPRAISEIT (a/k/a eAppraiseIT, LLC), a Delaware limited liability company, Defendant.

Joseph N. Kravec, Jr. (pro hac vice), FEINSTEIN DOYLE PAYNE & KRAVEC, LLC, Pittsburgh, PA, CO-LEAD CLASS COUNSEL.

Janet Lindner Spielberg, (SBN 221926) LAW OFFICES OF JANET LINDNER SPIELBERG, Los Angeles, California.

A. Matthew Ashley, IRELL & MANELLA LLP, Attorneys for Defendant.

STIPULATION AND [ ] ORDER EXTENDING THE DEADLINES IN THE ACTION

RONALD M. WHYTE, District Judge.

Plaintiffs Felton A. Spears, Jr. and Sidney Scholl (collectively "Plaintiffs"), and Defendant eAppraiseIT, LLC ("EA"), by and through their respective counsel of record and pursuant to Local Rules 6-2 and 7-12, enter into the following stipulation for an order to extend the remaining deadlines in the action by approximately one (1) month pursuant to the schedule detailed below.

WHEREAS, on April 25, 2012, the Court Granted Plaintiffs' Motion for Class Certification of Plaintiffs' single remaining claim under RESPA, 12 U.S.C. ยง 2607(a), certifying a Class of "All consumers in California and throughout the United States who, on or after June 1, 2006, received home loans from Washington Mutual Bank, FA in connection with appraisals that were obtained through eAppraiseIT." Dkt. No. 249, p. 12.

WHEREAS, on August 1, 2012, the Court entered a Revised Amended Order Regarding Class Notice, Appointment of Lead Counsel, and Pre-Trial Scheduling setting forth deadlines for distribution of Class Notice, merits discovery cutoff, expert reports, supplemental and rebuttal expert reports, dispositive motions, mediation and trial. Dkt. No. 260, p. 3.

WHEREAS, on March 27, 2013, the Court entered an Order extending the deadlines in the action by four (4) months to accommodate the scheduling of depositions and other discovery which is primarily of third-parties, and to allow each party to take twenty-five (25) depositions in this action. Dkt. No. 303.

WHEREAS, on April 23, 2013, the Court entered Orders denying EA's motion for leave to file a third-party complaint against the Federal Deposit Insurance Corporation ("FDIC"), denying EA's cross motion for judgment on the pleadings, and granting-in-part and denying-in-part Plaintiffs' motion for partial judgment on the pleadings. Dkt. Nos. 308 and 309.

WHEREAS, on May 7, 2013, EA filed its First Amended Answer and Affirmative Defenses to Plaintiffs' Second Amended Class Action Complaint. Dkt. No. 310.

WHEREAS, the Parties have worked cooperatively to conduct discovery, including discovery of third-parties which has made up the majority of depositions, and have not yet neared the court-allotted number of twenty-five (25) depositions per side. Dkt. No. 303.

WHEREAS, the Parties have agreed to a stipulation regarding document authenticity (including, but not limited to, the stipulated authenticity of Washington Mutual Bank ("WaMu") and EA emails and attachments, appraisals, reports, and data generated by WaMu or EA) to eliminate the need for certain depositions, and to reduce the time required in taking other witnesses' depositions.

WHEREAS, the Parties have received cooperation from several third-party witnesses to participate in depositions at mutually agreeable times for all of the parties involved, and to reasonable time limitations for third-party depositions whereby all of the depositions to-date have been completed within one (1) days time.

WHEREAS, Plaintiffs have subpoenaed documents from third-party LSI Appraisal, LLC ("LSI"), the company Plaintiffs alleged participated in a three-way conspiracy with EA and WaMu, for evidence of meetings between EA and WaMu regarding appraisal services and inflation. LSI has objected to producing records in response to the subpoena necessitating a motion to compel the production which ...


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