Opinion
STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND MODIFICATION OF SCHEDULING ORDER
GARLAND E. BURRELL, Jr., District Judge.
Plaintiffs Antonio and Beatriz Esquivel ("Plaintiffs") and Defendants Bank of America, N.A. and Bank of America Corporation (together, "Bank of America" or "Defendants") (collectively referred to as the "Parties") hereby stipulate to, and jointly move this court for an order, (a) setting June 2, 2015 as the deadline for Defendants to file their class certification opposition submissions; (b) setting July 1, 2015 as the deadline for Plaintiffs to file their class certification reply submissions; (c) setting the hearing on the class certification motion for July 20, 2015; and (d) setting the Pretrial Scheduling Conference for 9:00 a.m. on September 21, 2015.
WHEREAS, on November 19, 2013, the Court ordered that (a) Plaintiffs' Motion for Class Certification be filed by September 8, 2014; (b) Defendants' Opposition to Plaintiffs' Motion for Class Certification be filed by October 23, 2014; (c) Plaintiffs' Reply in Support of their Motion for Class Certification be filed by November 21, 2014; (d) the hearing on Plaintiffs' Class Certification Motion be noticed for December 8, 2014 at 9:00 a.m.; and (e) a further status conference be set for February 9, 2015 (Dkt. #52);
WHEREAS, on July 17, 2014, the Court granted the Parties' Stipulated Request for Modification of Scheduling Order, and ordered that (a) Plaintiffs' Motion for Class Certification be filed by March 30, 2015; (b) Defendants' Opposition to Plaintiffs' Motion for Class Certification be filed by May 14, 2015; (c) Plaintiffs' Reply in Support of their Motion for Class Certification be filed by June 12, 2015; (d) the hearing on Plaintiffs' Class Certification Motion be noticed for June 29, 2015 at 9:00 a.m.; and (e) a further status conference be set for August 31, 2015 (Dkt. #60);
WHEREAS, Plaintiffs filed their Motion for Class Certification on March 30, 2015;
WHEREAS, Defendants originally noticed both Plaintiffs' depositions for April 22, 2015 and subpoenaed third-party witness Irma Escobar to testify at a deposition on April 22, 2015;
WHEREAS, Defendants took Plaintiff Beatriz Esquivel's deposition on April 22, 2015;
WHEREAS, Plaintiff Antonio Esquivel and third-party witness Irma Escobar did not sit for their depositions on April 22, 2015;
WHEREAS, at Plaintiffs' request, Defendants re-noticed Antonio Esquivel's deposition for May 4, 2015 and issued a subpoena for Irma Escobar to testify at a deposition on May 4, 2015;
WHEREAS, due to Mr. Esquivel's health, his deposition was not completed until May 4, 2015;
WHEREAS, third-party witness Patricia Reyes did not testify until May 5, 2015;
WHEREAS, based on Defendants' need to depose the witnesses in this case well-prior to the date by which they must file their Opposition, Defendants require additional time to prepare their Opposition;
WHEREAS, this request is made in good faith and not for the purposes of delay;
WHEREAS, under these circumstances, there is good cause to grant the requested extension;
NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate and jointly request that the Court set the dates for class certification as follows:
IT IS SO STIPULATED.
Steven A. Ellis, GOODWIN PROCTER LLP, Los Angeles, CA, James W. McGarry (pro hac vice) GOODWIN PROCTER LLP, Boston, MA, Alyssa A. Sussman (pro hac vice) GOODWIN PROCTER LLP, New York, NY, Attorneys for Defendants Bank of America, N.A. Bank of America Corporation.
Eric Mercer, Noah Zinner, HOUSING AND ECONOMIC RIGHTS ADVOCATES, Eric A. Mercer, MERCER LEGAL, Daniel J. Mulligan, JENKINS MULLIGAN & GABRIEL LLP, Attorneys for Plaintiffs ANTONIO AND BEATRIZ ESQUIVEL.
WHEREAS, the Parties agree that additional time for Defendant to file their Opposition is necessary in order for Defendants not to be prejudiced in responding to Plaintiffs' certification motion;
[PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND MODIFICATION OF SCHEDULING ORDER
Upon consideration of the Stipulated Request for Extension of Time for Defendants to File Opposition to Plaintiffs' Motion for Class Certification and Modification of Scheduling Order, IT IS HEREBY ORDERED THAT the Joint Stipulation is hereby GRANTED. Defendants to file their class certification opposition submissions is continued to June 2, 2015; the deadline for Plaintiffs to file their class certification reply submissions is continued to July 1, 2015; the hearing date on the class certification motion is continued to July 20, 2015; and the Pretrial Scheduling Conference date is continued to 9:00 a.m. on September 21, 2015.
IT IS SO ORDERED.