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Stewart v. Bac Home Loans Servicing, LP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 2, 2011
Case No.: 10-01225SI (N.D. Cal. Nov. 2, 2011)

Opinion

Case No.: 10-01225SI

11-02-2011

WILLIAM G. STEWART AND NANCY STEWART, Plaintiffs v. BAC HOME LOANS SERVICING, LP Defendant.

LAW OFFICE OF WILLIAM E. KENNEDY HUMPHREYS WALLACE HUMPHREYS P.C. By: William E. Kennedy Attorneys for Plaintiffs WILLIAM G. STEWART and NANCY STEWART REED SMITH LLP David S. Reidy Attorneys for Defendant BAC Home Loans LP KING & SPALDING LLP Ann K. Broussard Attorneys for Defendant EQUIFAX INFORMATION SERVICES LLC JONES DAY Jason C. Wright Attorneys for Defendant EXPERIAN INFORMATION SOLUTIONS SCHUCKIT & ASSOCIATES Karen Butler Reisinger ATTORNEYS FOR DEFENDANT TRANS UNION LLC


LAW OFFICE OF WILLIAM E. KENNEDY

WILLIAM E. KENNEDY (CSB #158214)

Robert David Humphreys (OBA 12346 pro hac vice)

Humphreys Wallace Humphreys, P.C.

Lucius James Wallace (OBA 16070 pro hac vice)

Humphreys Wallace Humphreys, P.C.

Attorney for Plaintiffs WILLIAM G. STEWART AND NANCY STEWART

STIPULATION AND [PROPOSED]

ORDER MODIFYING SECOND

PRETRIAL PREPARATION ORDER

WHEREAS, on June 29, 2011, the Court issued the Second Pretrial Preparation Order which set forth certain dates and deadlines, as indicated below;

WHEREAS, the parties, by mutual agreement, wish to extend certain of those dates and deadlines. For ease of comparison, the dates/deadlines which the parties request be adopted are indicated in parentheses following the dates/deadlines currently in effect; DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below. NON-EXPERT DISCOVERY CUTOFF is February 24, 2012 (March 16, 2012) DESIGNATION OF EXPERTS: 11/23/11 (1/11/2012) REBUTTAL; 12/19/11 (1/25/12) Parties SHALL conform to Rule 26(a)(2) EXPERT DISCOVERY CUTOFF IS February 24, 2012 (March 16, 2012) DISPOSITIVE MOTIONS SHALL be filed by March 30, 2012 (April 6, 2012);

Opp. Due April 13, 2012 (Per Local Rules-no later than April 27, 2012); Reply Due April 20, 2012 (per Local Rules-no later than April 27, 2012);

and set for hearing no later than May 4, 2012 at 9:00 a.m (May 18, 2012 at 9:00 a.m.). PRETRIAL CONFERENCE DATE: June 5, 2012 at 8:30 a.m. JURY TRIAL DATE: June 18, 2012 at 8:30 a.m. Courtroom 10, 19th floor

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS:

The deadline to amend the pleadings is July 29, 2011.

The Court adjusted the trial schedule as indicated above.

This case shall be referred to a magistrate-judge for settlement purposes. The settlement

conference shall occur in December 2011 (February 2012).

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the case, including settlement. Parties SHALL conform to the attached instructions. Plaintiff is ORDERED to serve a copy of this order on any party subsequently joined in this action.

WHEREAS, the parties agree that the above-described modification of the scheduling order will facilitate completion of discovery necessary to prepare for the Settlement Conference;

WHEREAS, plaintiff's counsel William E. Kennedy has confirmed with the Hon. Joseph C. Spero's staff that Judge Spero is available February 15, 2012 for a Settlement Conference and has reserved that date, and all parties have affirmed their availability to attend the Settlement Conference on that date;

SO STIPULATED

LAW OFFICE OF WILLIAM E. KENNEDY

HUMPHREYS WALLACE HUMPHREYS P.C.

By: William E. Kennedy

Attorneys for Plaintiffs WILLIAM G. STEWART and

NANCY STEWART

REED SMITH LLP

David S. Reidy

Attorneys for Defendant BAC Home Loans LP

KING & SPALDING LLP

Ann K. Broussard

Attorneys for Defendant EQUIFAX INFORMATION

SERVICES LLC

JONES DAY

Jason C. Wright

Attorneys for Defendant EXPERIAN INFORMATION

SOLUTIONS

SCHUCKIT & ASSOCIATES

Karen Butler Reisinger

ATTORNEYS FOR DEFENDANT TRANS UNION LLC

ATTESTATION PURSUANT TO GENERAL ORDER 45

William E. Kennedy, attest that concurrence in the filing of this document has been obtained from the other signatories.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on November 1, 2011 at Santa Clara, California.

LAW OFFICE OF WILLIAM E. KENNEDY

William E. Kennedy

Attorneys for Plaintiffs WILLIAM G. STEWART and

NANCY STEWART

ORDER

Pursuant to stipulation, the Second Pretrial Order is amended as follows:

DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below.

NON-EXPERT DISCOVERY CUTOFF is March 16, 2012

DESIGNATION OF EXPERTS: 1/11/12 REBUTTAL; 1/25/12

Parties SHALL conform to Rule 26(a)(2)

EXPERT DISCOVERY CUTOFF IS March 16, 2012

DISPOSITIVE MOTIONS SHALL be filed by April 6, 2012 and be set for hearing no later than May 11, 2012 at 9:00 a.m. The schedule for the briefing and hearing the Motion shall be per the Local Rules. For example, if the Motion is filed on the last possible day, the Opposition will be due April 20, 2012, the Reply will be due April 27, 2012; and the Motion shall be set for hearing on May 18, 2012 at 9:00 a.m.

PRETRIAL CONFERENCE DATE: June 5, 2012 at 8:30 a.m.

JURY TRIAL DATE: June 18, 2012 at 8:30 a.m. Courtroom 10, 19th floor

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS:

The deadline to amend the pleadings is July 29, 2011.

The Court adjusted the trial schedule as indicated above.

This case shall be referred to a magistrate-judge for settlement purposes. The settlement

conference shall occur in February 2012.

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the case, including settlement. Parties SHALL conform to the attached instructions. Plaintiff is ORDERED to serve a copy of this order on any party subsequently joined in this action.

SO ORDERED As

Amended

Hon. Susan Illston

United States District Court


Summaries of

Stewart v. Bac Home Loans Servicing, LP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 2, 2011
Case No.: 10-01225SI (N.D. Cal. Nov. 2, 2011)
Case details for

Stewart v. Bac Home Loans Servicing, LP

Case Details

Full title:WILLIAM G. STEWART AND NANCY STEWART, Plaintiffs v. BAC HOME LOANS…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 2, 2011

Citations

Case No.: 10-01225SI (N.D. Cal. Nov. 2, 2011)