Elawyers Elawyers
Washington| Change

Giotta v. Ocwen Financial Corporation, 5:15-cv-00620-BLF. (2015)

Court: District Court, N.D. California Number: infdco20150623949 Visitors: 11
Filed: Jun. 22, 2015
Latest Update: Jun. 22, 2015
Summary: ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT, MODIFY BRIEFING SCHEDULE, AND FOR RELIEF FROM STIPULATED ORDER SETTING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES (L.R. 6-1(b), 6-2, 16-2(e)) BETH LABSON FREEMAN , District Judge . Pursuant to Local Rules 6-1(b), 6-2, and 16-2(e), Plaintiffs Victor P. Giotta and Loralee Giotta ("the Giottas"), Defendants Ocwen Financial Corporation ("OFC"), Ocwen Loan Servicing, LLC, ("OLS"), William C. Erbey, and Altisource Sol
More

ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT, MODIFY BRIEFING SCHEDULE, AND FOR RELIEF FROM STIPULATED ORDER SETTING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES (L.R. 6-1(b), 6-2, 16-2(e))

Pursuant to Local Rules 6-1(b), 6-2, and 16-2(e), Plaintiffs Victor P. Giotta and Loralee Giotta ("the Giottas"), Defendants Ocwen Financial Corporation ("OFC"), Ocwen Loan Servicing, LLC, ("OLS"), William C. Erbey, and Altisource Solutions, Inc. ("ASI") (collectively, the "Parties") hereby respectfully stipulate and jointly request that the Court to extend the time for Defendants to respond to the first amended complaint, modify the briefing schedule for the same, and modify the Stipulated Order Setting Case Management Conference and ADR Deadlines, dated May 13, 2015.

RECITALS

1. This action was commenced on February 9, 2015. (Dkt. 1). On April 7, 2015, the Giottas and APS stipulated to a voluntary dismissal of APS without prejudice and with an agreement to toll the claims of the Giottas and the proposed class asserted against APS in this action during the pendency of this action. (Dkt. No. 25).

2. For judicial efficiency, the Parties agreed that a single deadline for all remaining Defendants to respond to the complaint, May 22, 2015, was appropriate. Pursuant thereto, the Parties executed a stipulation setting a briefing schedule on the remaining Defendants' motions to dismiss. (Dkt. 26). The Giottas' oppositions to the motions to dismiss were due to be filed on or before June 26, 2015, reply briefs on or before July 16, 2015, and the hearings on the motions were to be held July 30, 2015. (Id.) The Court granted the stipulation on April 8, 2015 (Dkt. 30).

3. On February 10, 2015, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. 5), which was amended by the Clerk's Notice Resetting Case Management Conference Following Reassignment, entered on February 25, 2015 (Dkt. 18).

4. On May 13, 2015, the Parties filed a Stipulation for Relief From Order Setting CMC and ADR Deadlines pursuant to Fed. R. Civ. P. 16(b)(4) and Local Rule 16-2(e), requesting that the court modify the schedule to allow the Court to hear and potentially rule on the motions to dismiss prior to the first Case Management Conference. (Dkt. 35). The Court issued an order approving the stipulation the same day. (Dkt. 36).

5. On June 12, 2015, the Giottas filed a first amended complaint. (Dkt. 41).

6. Pursuant to Fed. R. Civ. P. 15(a)(3) and 6(d), Defendants' current deadline to respond to the first amended complaint is June 29, 2015.

7. The parties met and conferred by phone and agree that additional time to respond to the first amended complaint and an agreed-upon briefing schedule is warranted. The Parties also agree that to maintain an orderly and efficient preparation of the case, and judicial efficiency and economy, the Scheduling Order should be modified accordingly to allow the Court to hear and potentially rule on the motions to dismiss prior to the first Case Management Conference. Pursuant thereto, the parties hereby stipulate and agree to the following modification and request the Court's approval of their stipulation to the proposed briefing and Case Management Schedule as follows:

Event Current Date Stipulated, Requested New Date Last day for Defendants to move to dismiss the first 6/29/2015 7/16/2015 amended complaint. Last day for the Giottas to file oppositions to 8/18/2015 Defendants' motions to dismiss the first amended complaint. Last day for Defendants to file replies in support of 9/3/2015 motions to dismiss first amended the complaint. Hearing on Defendants' motion to dismiss the first 9/17/2015 amended complaint. Last day to meet and confer (Fed. R. Civ. Proc. 26(f) 8/6/2015 9/24/2015 & ADR L.R.3-5), File ADR certification (Civil L.R. 16-8 (b) & ADR L.R. 3-5(b)), and file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference (Civil L.R. 16-8 (c) & ADR L.R. 3-5(b) & (c)) Last day to file Rule 26(f) Report, complete initial 8/20/2015 10/8/2015 disclosures or state objection in Rule 26(f) Report (FRCivP 26(a) (1)) and file Case Management Statement (Civil L.R. 16-9). Initial Case Management Conference 8/27/2015 10/15/2015

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer