STIPULATION AND PROPOSED ORDER RE MODIFICATION OF DEADLINE FOR CLASS CERTIFICATION MOTION AND BRIEFING SCHEDULE

JON S. TIGAR, District Judge.

Plaintiff Bonnie Lynne Stromberg hereby submits this Stipulation and request for an Order modifying the current case schedule by vacating the current deadline of May 16, 2018 by which Plaintiff is required to file her motion for class certification and the accompanying briefing schedule set forth in the Court's Order of July 26, 2017 (ECF 120), and setting a new deadline and briefing schedule for the class certification motion that is tied to the date on which the Court issues an Order on the pending summary judgment motion filed by Defendant Ocwen Loan Servicing, Inc. ("Ocwen"). In support of this request, Plaintiff states, and the parties stipulate, as follows:

WHEREAS, the current Scheduling Order requires that Plaintiff file her class certification motion by May 16, 2028, with oppositions to the motion due by June 18, 2018 and replies by July 16, 2018;

WHEREAS, it was anticipated at the time the current Scheduling Order was entered that early motions for summary judgment would be resolved before the deadline for filing the class certification motion;

WHEREAS, the briefing schedule and the resolution of the pending summary judgment motion filed by Ocwen has been delayed by Plaintiff's request for additional discovery and the Court's Order granting Plaintiff's motion pursuant to Fed. R. Civ. P. 56(d);

WHEREAS, Plaintiff and Ocwen believe that efficient management of the case would be served by resolution of Ocwen's summary judgment motion prior to class certification briefing; and Plaintiff believes that certain discovery is relevant to the class certification motion, and that discovery will not be available to Plaintiff on a motion to compel until after a ruling on Ocwen's motion for summary judgment; and

WHEREAS, Plaintiff, Ocwen, and Citizens Bank, N.A. desire and consent to having the deadline for filing the class certification motion moved to the date that is 30 days after the date on which this Court enters an order on Ocwen's motion for summary judgment, with Defendants' oppositions due thirty days after the filing of the motion and Plaintiff's reply due thirty (30) days after the opposition;

WHEREAS, Defendant Morgan Stanley Private Bank, N.A. has agreed not to oppose this request;

THEREFORE, IT IS HEREBY STIPULATED, subject to this Court's approval, as follows: The Scheduling Order of July 26, 2017, ECF 120, is hereby vacated with respect to the due date for the class certification motion and the opposition and reply briefs on that motion;

1. Plaintiff's deadline for filing a motion for class certification is thirty (30) days after the Court issues an order ruling on the merits of Ocwen's pending Motion for Summary Judgment (ECF 167).

2. Oppositions to the motion are due thirty (30) days after the motion is filed and replies thirty (30) days thereafter.

3. All other aspects of the Court's Scheduling Order entered on July 26, 2017 remain in effect.

SO STIPULATED.

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

ATTESTATION

I, Mark Johnson, am the CM/ECF user whose ID and password are being used to file this JOINT CASE MANAGEMENT CONFERENCE STATEMENT. I hereby attest that all above-named Plaintiff's counsel and Defendant's counsel have concurred in this filing.