Opinion
JAMES F. CLAPP, JAMES T. HANNINK, ZACH P. DOSTART, DOSTART CLAPP HANNINK & COVENEY, LLP, San Diego, California, Attorneys for Plaintiff.
THEONA ZHORDANIA, SHEPPARD MULLIN RICTHER & HAMPTON, LLP, Attorneys for Defendant.
STIPULATION AND ORDER REGARDING PREVIOUSLY PROPOSED FILING DEADLINES
MORRISON C. ENGLAND, Jr., Chief District Judge.
Plaintiff Luis Cabrales and defendant Castle & Cooke Mortgage, LLC, by and through their respective counsel, hereby stipulate as follows:
WHEREAS Plaintiff filed this action on July 21, 2014;
WHEREAS Defendant filed a motion to dismiss to the initial complaint on October 27, 2014, and a second motion to dismiss to the First Amended Complaint on December 4, 2014;
WHEREAS on October 31, 2014;, the parties filed a Scheduling Conference Report with certain proposed dates (Dkt. No. 12);
WHEREAS in the Scheduling Conference Report, the parties proposed July 31, 2015 as the deadline for filing a motion for class certification;
WHEREAS the Court denied Defendant's motion to dismiss on June 12, 2015 and Defendant answered the First Amended Complaint on June 26, 2015;
WHEREAS the parties have propounded and responded to written discovery, have exchanged numerous written meet and confer communications; spent dozens of hours meeting and conferring telephonically; Defendant has produced and plaintiff has reviewed over a hundred thousand pages of documents; and the parties are currently in the process of scheduling over 10 depositions, the majority of which are out of state;
WHEREAS the parties attended an unsuccessful mediation on July 28, 2015 with Hon. Steven R. Denton (Ret.) of Judicate West;
WHEREAS the parties have scheduled a second mediation to be held on October 27, 2015 with David A. Rotman, Esq. of Gregorio, Haldeman & Rotman; and
WHEREAS the parties need additional time to complete discovery pertaining to the class certification motion and to attend the second mediation and would like to adjust the filing of the class certification motion as follows:
IT IS HEREBY STIPULATED between Plaintiff and Defendant that:
1. Any motion for class certification shall be filed by no later than February 26, 2016.
2. Any opposition to the class certification motion shall be filed by no later than March 29, 2016.
3. Any reply brief to the class certification motion shall be filed by no later than April 15, 2016.
4. All dispositive motions, including any motion for summary judgment, shall be filed by no later than April 29, 2016.
5. The parties are not precluded from requesting additional time before the filing of the aforementioned motions upon a showing of good cause.
IT IS SO STIPULATED.
ORDER
In view of the foregoing Stipulation, and finding good cause therefor,
IT IS HEREBY ORDERED that Plaintiff will file any motion for class certification by no later than February 26, 2016, Defendant will file any opposition to the class certification motion by no later than March 29, 2016, and Plaintiff will file any reply brief to the class certification motion by no later than April 15, 2016. All dispositive motions, including any motion for summary judgment, shall be filed by no later than April 29, 2016. The parties are not precluded from requesting additional time before the filing of the aforementioned motions upon a showing of good cause.
IT IS SO ORDERED.