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Walker v. Ditech Financial, LLC, 4:16-CV-03084-KAW. (2017)

Court: District Court, N.D. California Number: infdco20170112902 Visitors: 19
Filed: Jan. 10, 2017
Latest Update: Jan. 10, 2017
Summary: STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES; [PROPOSED] ORDER Disclosures KANDIS A. WESTMORE , Magistrate Judge . Plaintiffs Leslie Edward Walker and Elahe S. Walker ("Plaintiffs"), defendant Ditech Financial, LLC ("Ditech") and defendant Residential Credit Solutions, Inc. ("RCS"), (collectively "Defendants") (collectively with Plaintiffs, "Parties"), by and through their counsel, hereby stipulate as follows: WHEREAS, on June 6, 2016, Plaintiff Edward Walker filed the Complaint i
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STIPULATION TO EXTEND DEADLINE RE INITIAL DISCLOSURES; [PROPOSED] ORDER Disclosures

Plaintiffs Leslie Edward Walker and Elahe S. Walker ("Plaintiffs"), defendant Ditech Financial, LLC ("Ditech") and defendant Residential Credit Solutions, Inc. ("RCS"), (collectively "Defendants") (collectively with Plaintiffs, "Parties"), by and through their counsel, hereby stipulate as follows:

WHEREAS, on June 6, 2016, Plaintiff Edward Walker filed the Complaint in this action;

WHEREAS, on June 28, 2016, on behalf of RCS and Plaintiffs, Defendant RCS filed a Stipulation extending the deadline for RCS to respond to the Complaint to July 29, 2016;

WHEREAS, on July 20, 2016, Plaintiffs filed the First Amended Complaint ("FAC");

WHEREAS, on August 8, 2016, on behalf of RCS and Plaintiffs, Defendant RCS filed a Stipulation extending the deadline for RCS to respond to the FAC to August 22, 2016;

WHEREAS, on August 18, 2016, on behalf of Ditech and Plaintiffs, Plaintiffs filed a Stipulation and Proposed Order extending the deadlines for the Opposition and Reply to Ditech's Motion to Dismiss to August 31 and September 7, 2016, respectively;

WHEREAS, on August 30, 2016, this Court issued an order granting Plaintiffs' Stipulation extending the deadlines for the Opposition and Reply to Ditech's Motion to Dismiss;

WHEREAS, on September 8, 2016, on behalf of all parties, Defendant RCS filed a Stipulation and Proposed Order extending the deadlines regarding the meet and confer and the initial disclosures to September 23 and November 7, 2016, respectively;

WHEREAS, on September 14, 2016, this Court issued an order granting RCS's stipulation extending the deadlines for the meet and confer and the initial disclosures.

WHEREAS, RCS and Ditech separately filed Motions to Dismiss set for hearing on October 6, 2016;

WHEREAS, on October 6, 2016, this Court issued an order granting Defendants' Motions to Dismiss in their entirety, with leave to amend;

WHEREAS, on November 4, 2016, Plaintiffs filed the Second Amended Complaint ("SAC");

WHEREAS, on November 7, 2016, on behalf of all parties, Defendant RCS filed a Stipulation and Proposed Order extending the deadlines regarding the initial disclosures to January 6, 2017;

WHEREAS, on November 16, 2016, this Court issued an order granting RCS's stipulation extending the deadlines for the initial disclosures;

WHEREAS, RCS and Ditech subsequently filed separate Motions to Dismiss the SAC, set for hearing on February 2, 2017;

WHEREAS, the pleadings are not yet settled in this case;

WHEREAS, the current deadline for the Parties to provide initial disclosures is January 6, 2017;

WHEREAS, it is in the interest of judicial economy and preservation of the Court's and the parties' resources for the parties to temporarily hold off on initial disclosures, until the parties have a better idea which claims, if any, remain at issue;

WHEREAS, no party will suffer any prejudice as a result of this Stipulation;

WHEREAS, the Parties met and conferred on January 4, 2017, regarding extending the initial disclosure deadline;

WHEREAS, this Stipulation is without prejudice to, or waiver of, any rights or defenses otherwise available to the Parties in this action.

NOW THEREFORE, the Parties hereby stipulate and agree as follows:

1. The deadline for each party to provide initial disclosures is extended until and including March 6, 2017.

[PROPOSED] ORDER

Upon review of the Parties' stipulation, and good cause appearing, PURSUANT TO STIPULATION, IT IS SO ORDERED as follows:

1. The deadline for each party to provide initial disclosures is extended until and including March 6, 2017.
Source:  Leagle

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