Opinion
C. Scott Greene, Tracy M. Talbot, Monique Jewett-Brewster, BRYAN CAVE LLP, San Francisco, CA Attorneys for Defendant OCWEN LOAN SERVICING, LLC
Jeremy S. Golden, GOLDEN & CARDONA-LOYA, LLP, Attorneys for Plaintiff Susan E. Jette
JOINT STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING SETTLEMENT DISCUSSIONS
JOHN A. MENDEZ, District Judge.
This Stipulation is entered into by Plaintiff Susan Jette ("Plaintiff") and Defendant Ocwen Loan Servicing, LLC ("Defendant, " collectively with Plaintiff, the "Parties").
WHEREAS, Plaintiff filed her Complaint and Demand for Jury Trial ("Complaint") on June 17, 2014.
WHEREAS, Plaintiff initiated the loan modification process with Defendant shortly after the Complaint was filed.
WHEREAS, the Parties previously agreed to extend Defendant's time to file an answer to the Complaint so that Plaintiff's loan modification application could be reviewed.
WHEREAS, the Parties further agreed to continue the trial date set in this matter from October 26, 2015 to April 26, 2016, along with all related pretrial deadlines.
WHEREAS, Plaintiff submitted an updated loan modification application to Defendant on April 9, 2015.
WHEREAS, on July 27, 2015, Defendant extended a Home Affordable Mortgage Program ("HAMP") Trial Period Plan ("TPP") to Plaintiff, which TPP Plaintiff accepted.
WHEREAS, Plaintiff's payments under the TPP are due on September 1, 2015, October 1, 2015, and November 1, 2015, respectively.
WHEREAS, the Parties agree that it would be beneficial to pursue informal resolution of this matter via the loan modification application process and continued settlement negotiations.
WHEREAS, the Parties seek to stay all proceedings in this matter for six (6) months, including all discovery, dispositive motion, and pretrial deadlines, including Defendant's deadline to respond to the Complaint, to avoid the unnecessary expenditure of party or Court resources.
WHEREAS, the Parties agree that the stay requested herein is not requested for the purposes of delay and will not result in any prejudice to the Parties or to the Court.
NOW, THEREFORE, the Parties desire and hereby STIPULATE to the following trial date and pretrial schedule, in line with their request for a six-month stay of proceedings:
Trial Date: October 25, 2016 Final Pretrial Conference: September 9, 2016 Joint Pre-Trial Statement filed by: September 2, 2016 Last Day for Hearing on Dispositive Motions: July 27, 2016 Last Day for Filing Dispositive Motions: June 29, 2016 Discovery Cutoff: May 27, 2016 Due Date for Joint Mid-Litigation Statements: May 12, 2016 Supplemental Disclosure of Expert Witnesses: February 25, 2016 Disclosure of Expert Witnesses: February 18, 2016
IT IS SO STIPULATED.
I hereby attest that I have on file the permission of all necessary filers for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.
ORDER - AS AMENDED BY THE COURT
Having reviewed the stipulation of Plaintiff Susan Jette and Defendant Ocwen Loan Servicing, LLC, and good cause appearing,
IT IS HEREBY ORDERED THAT the April 26, 2016 trial date is continued until October 25, 2016. The pretrial schedule shall be as follows: