Filed: Jun. 27, 2016
Latest Update: Jun. 27, 2016
Summary: ORDER APPROVING STIPULATION FOR RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES (Fed. R. Civ. P. 16(b)(4); L.R. 16-2(e)) BETH LABSON FREEMAN , District Judge . Pursuant to Fed. R. Civ. P. 16(b)(4), Local Rule 16-2(e), and by order of this Court, Plaintiffs Victor P. Giotta and Loralee Giotta ("Plaintiffs"), and Defendants Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, William C. Erbey, and Altisource Solutions, Inc. (jointly, "Defendants") (Plaintiffs and De
Summary: ORDER APPROVING STIPULATION FOR RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES (Fed. R. Civ. P. 16(b)(4); L.R. 16-2(e)) BETH LABSON FREEMAN , District Judge . Pursuant to Fed. R. Civ. P. 16(b)(4), Local Rule 16-2(e), and by order of this Court, Plaintiffs Victor P. Giotta and Loralee Giotta ("Plaintiffs"), and Defendants Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, William C. Erbey, and Altisource Solutions, Inc. (jointly, "Defendants") (Plaintiffs and Def..
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ORDER APPROVING
STIPULATION FOR RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES (Fed. R. Civ. P. 16(b)(4); L.R. 16-2(e))
BETH LABSON FREEMAN, District Judge.
Pursuant to Fed. R. Civ. P. 16(b)(4), Local Rule 16-2(e), and by order of this Court, Plaintiffs Victor P. Giotta and Loralee Giotta ("Plaintiffs"), and Defendants Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, William C. Erbey, and Altisource Solutions, Inc. (jointly, "Defendants") (Plaintiffs and Defendants are referred to collectively as "the Parties"), hereby respectfully stipulate and jointly request that the Court modify its order setting case management conference and ADR deadlines, dated December 29, 2015. Dkt. 77.
RECITALS
1. This action was commenced on February 9, 2015. Dkt. 1. On December 29, 2015, after the Giottas' first amended complaint was ordered dismissed, the Court entered an order setting a deadline for filing a second amended complaint, a motion to dismiss briefing and hearing schedule, and various case management conference dates and deadlines. Dkt. 77.
2. On January 15, 2016, Plaintiffs filed their Second Amended Complaint. Dkt. 78. The Court subsequently approved the Parties' stipulation to modify the briefing and hearing schedule for Defendants' motion to dismiss, setting the hearing on June 9, 2016. Dkt. 83. However, the stipulation and order left the previously set case management deadlines intact. Id. On February 29, 2016, Defendants jointly moved to dismiss the Second Amended Complaint. Dkt. 84. Defendants' joint motion to dismiss was heard on June 9, 2016. Dkt. 92. After the hearing, the Court took the matter under submission, and has yet to issue a ruling.
3. The initial case management conference is currently set for July 21, 2016. The following deadlines associated with the case management conference are rapidly approaching:
Last day to meet and confer (Fed. R. Civ. Proc. 26(f) & ADR L.R.3-5), 6/30/2016
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 disclosures or state 7/14/2016
objection in Rule 26(f) Report (FRCivP 26(a) (1)) and file Case
Management Statement (Civil L.R. 16-9).
Initial Case Management Conference 7/21/2016
4. In light of the Court's pending ruling on Defendants' joint motion to dismiss, judicial economy and efficient use of litigation resources favor vacating these deadlines until it is known whether Plaintiffs' case will proceed and if so against which parties and on which claims, and whether any further amended pleadings will be ordered. The Parties have therefore met and conferred, and agree that the case management schedule set forth in the Court's December 29, 2015 Order should be vacated. The Parties further agree that given the uncertainty as to the timing of the Court's ruling on the Defendants' joint motion to dismiss, and whether a new amended pleading will be filed, a new case management conference and schedule should be set, if necessary, once the joint motion to dismiss is resolved.
