Filed: May 31, 2019
Latest Update: May 31, 2019
Summary: JOINT STIPULATION RE CLASS NOTICE; ORDER THEREON MORRISON C. ENGLAND, JR. , District Judge . Plaintiff David Weiner ("Plaintiff") and Defendants Ocwen Financial Corporation ("OFC") and Ocwen Loan Servicing, LLC ("OLS") (collectively, "Defendants") (together, the "Parties") in the above-captioned action, by and through their respective counsel of record, file this Joint Stipulation and [Proposed] Order regarding an agreed upon form of class notice to be mailed to potential class members. WH
Summary: JOINT STIPULATION RE CLASS NOTICE; ORDER THEREON MORRISON C. ENGLAND, JR. , District Judge . Plaintiff David Weiner ("Plaintiff") and Defendants Ocwen Financial Corporation ("OFC") and Ocwen Loan Servicing, LLC ("OLS") (collectively, "Defendants") (together, the "Parties") in the above-captioned action, by and through their respective counsel of record, file this Joint Stipulation and [Proposed] Order regarding an agreed upon form of class notice to be mailed to potential class members. WHE..
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JOINT STIPULATION RE CLASS NOTICE; ORDER THEREON
MORRISON C. ENGLAND, JR., District Judge.
Plaintiff David Weiner ("Plaintiff") and Defendants Ocwen Financial Corporation ("OFC") and Ocwen Loan Servicing, LLC ("OLS") (collectively, "Defendants") (together, the "Parties") in the above-captioned action, by and through their respective counsel of record, file this Joint Stipulation and [Proposed] Order regarding an agreed upon form of class notice to be mailed to potential class members.
WHEREAS, on September 29, 2017, this Court granted Plaintiffs' motion for class certification (Dkt. 102);
WHEREAS, on January 18, 2019, this Court ordered the parties to attempt mediation before engaging in any motion practice over class notice (Dkt. 148);
WHEREAS, over the past several months, the Parties have met and conferred about obtaining contact information for potential class members and the content of draft postcard and long form notices to be disseminated to potential class members;
WHEREAS, the Parties have agreed to the form of the postcard and long form notices attached hereto as Exhibit A and B respectively; and
WHEREAS, the Parties have agreed on a notice plan that satisfies the requirements under Rule 23. Under the plan, notice administrator JND Legal Administration will mail the notices attached hereto as Exhibit A and B to potential class members identified by Plaintiffs using the best available contact information provided by Defendants. In addition to the single direct mail notice, JND Legal Administration will also create and maintain a dedicated website with information about the Court's class certification Order and instructions on how to opt-out.
IT IS THEREFORE STIPULATED, AGREED, AND JOINTLY REQUESTED by the Parties that the Court approve the draft class notices attached hereto as Exhibits A and B and Order that such notices be disseminated to potential class members as soon as practicable.
IT IS SO STIPULATED.
Dated: May 28, 2019 BARON & BUDD, P.C.
By: /s/ Roland Tellis
Roland Tellis
Daniel Alberstone (SBN 105275)
dalberstone@baronbudd.com
Roland Tellis (SBN 186269)
rtellis@baronbudd.com
Mark Pifko (SBN 228412)
mpifko@baronbudd.com
Peter Klausner (SBN 271902)
pklausner@baronbudd.com
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, CA 91436
Telephone: (818) 839-2333
Attorneys for Plaintiff DAVID WEINER,
individually, and on behalf of other members of the
general public similarly situated.
Dated: May 28, 2019 ORRICK, HERRINGTON & SUTCLIFFE LLP
By /s/ Randall S. Luskey
Randall S. Luskey
Melinda L. Haag (SBN 132612)
mhaag@orrick.com
Randall S. Luskey (SBN 240915)
rluskey@orrick.com
Jennifer C. Lee (SBN 268021)
jlee@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105-2669
Telephone: (415) 773-5700
Facsimile: (415) 773-5759
Richard A. Jacobsen (SBN 4282182) (Pro Hac Vice)
rjacobsen@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019-6142
Telephone: (212) 506-5000
Facsimile: (212) 506-5151
Attorneys for Defendants
OCWEN FINANCIAL CORPORATION and
OCWEN LOAN SERVICING, LLC
IT IS SO ORDERED.