Filed: Jan. 02, 2019
Latest Update: Jan. 02, 2019
Summary: STIPULATED MOTION AND ORDER SETTING CASE SCHEDULE MORRISON C. ENGLAND, JR. , District Judge . Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and Teresa Marcel, Sherlie Charlot, Jennie Miller, and Edwin Yager, on behalf of themselves and all others similarly situated ("Plaintiffs") and Defendants Nationstar Mortgage LLC and Solutionstar LLC ("Nationstar") (together, the "Parties") by and through their respective counsel of record, hereby submit this Stipulated
Summary: STIPULATED MOTION AND ORDER SETTING CASE SCHEDULE MORRISON C. ENGLAND, JR. , District Judge . Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and Teresa Marcel, Sherlie Charlot, Jennie Miller, and Edwin Yager, on behalf of themselves and all others similarly situated ("Plaintiffs") and Defendants Nationstar Mortgage LLC and Solutionstar LLC ("Nationstar") (together, the "Parties") by and through their respective counsel of record, hereby submit this Stipulated ..
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STIPULATED MOTION AND ORDER SETTING CASE SCHEDULE
MORRISON C. ENGLAND, JR., District Judge.
Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and Teresa Marcel, Sherlie Charlot, Jennie Miller, and Edwin Yager, on behalf of themselves and all others similarly situated ("Plaintiffs") and Defendants Nationstar Mortgage LLC and Solutionstar LLC ("Nationstar") (together, the "Parties") by and through their respective counsel of record, hereby submit this Stipulated Motion for entry of an amended case schedule as set forth below.
On July 19, 2018 the Court entered a stipulation and order setting certain case deadlines, including a class certification motion deadline of January 25, 2019. (ECF No. 46). The current relevant deadlines are set forth in the chart below. Both before and since that time the parties have been actively engaged in discovery. Defendants have served Interrogatories, and Plaintiffs have served Requests for Production, Interrogatories, and two Rule 30(b)(6) deposition notices. The parties had tentatively set Rule 30(b)(6) depositions of corporate witnesses for Defendants on January 9 and 10, 2019 on topics that relate to, among other things, class certification. But on December 19, 2018, the Court granted in part and denied in part Plaintiffs' motion to compel production of documents, and ordered the production of documents concerning the Rule 30(b)(6) notices and class certification. ECF No. 68. The Court set certain dates for production, ranging from January 9, 2018, to February 6, 2018. See id. These production dates will not allow Plaintiffs sufficient time to review and utilize the documents for the Rule 30(b)(6) depositions and, likely, for use in their motion for class certification. Additionally, the parties are still negotiating the scope of the Rule 30(b)(6) notices. Thus, given the timing imposed by the Court's order on Plaintiffs' motion to compel, the current class certification deadline, and the parties' ongoing negotiations on the Rule 30(b)(6) depositions, the parties believe that an extension of the case deadlines by three months will help ensure the fair and efficient litigation of this case.
This Stipulation is the second extension of the case schedule and is made with good cause and without prejudice to, or waiver of, any rights or defenses otherwise available to the Parties in this action. The Parties therefore respectfully request the Court grant this Stipulated Motion and extend the case deadlines as follows.
Event Original Set Proposed Joint
Deadlines Deadlines
Class-Certification Expert Discovery cutoff 01/11/2019 04/11/2019
Plaintiffs' deadline to file Motion for Class 01/25/2019 04/25/2019
Certification
Defendants' opposition to Plaintiffs' Motion for 02/22/2019 05/22/2019
Class Certification
Plaintiff's Reply in Support of Motion for Class 03/08/2019 06/07/2019
Certification
Merits discovery cutoff 06/14/2019 09/13/2019
Disclosure of Expert witnesses and information 07/12/2019 10/11/2019
required by Rule 26(a)(2)
Rebuttal Expert Reports 08/16/2019 11/15/2019
Expert Discovery Cutoff 09/27/2019 12/27/2019
Deadline for Parties to file Dispositive Motions 10/25/2019 01/24/2020
Deadline for Parties to file Motions in Limine Set by Court once trial Set by Court once
date is set trial date is set
Final Pretrial Conference Set by Court once trial Set by Court once
date is set trial date is set
Trial Date Set by Court once trial Set by Court once
date is set trial date is set
ORDER
The parties request to modify the scheduling order is GRANTED. All other requirements set forth in the Court's Supplemental Pretrial Scheduling Order (ECF No. 24) shall remain in effect. The Court emphasizes that the parties are still ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling(s) on the last filed dispositive motion(s). If the parties do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after the close of the designation of supplemental expert witnesses and the notice must include statements of intent to forgo the filing of dispositive motions.
IT IS SO ORDERED.
