Opinion
2:22-cv-00931-RFB-NJK
12-15-2022
LUIS A. TOPETE, an individual; Plaintiff, v. SPECIALIZED LOAN SERVICING INC., a Corporation, DOES I through X inclusive; Defendants.
Michael J. Harker Esq. Attorney for Plaintiff Luis Topete BALLARD SPAHR LLP Joel E. Tasca, Esq. Andrew S. Clark, Esq. Michael Harker Andrew S. Clark Attorneys for Specialized Loan Servicing, LLC
Michael J. Harker Esq.
Attorney for Plaintiff Luis Topete
BALLARD SPAHR LLP
Joel E. Tasca, Esq.
Andrew S. Clark, Esq.
Michael Harker Andrew S. Clark
Attorneys for Specialized Loan Servicing, LLC
ORDER TO EXTEND DISPOSITIVE-MOTION AND PRE-TRIAL DEADLINES
(FIRST REQUEST)
Plaintiff Luis A. Topete and Defendant Specialized Loan Servicing, LLC (incorrectly named as Specialized Loan Servicing, Inc.) (“SLS”), stipulate and agree to extend the deadlines to file dispositive motions and pretrial motions by forty-five days under Fed.R.Civ.P. 26. The current deadline to file dispositive motions is January 5, 2023-twenty-one days from the time of this request under LR 26-3.
I. Discovery Completed
1. The Court issued its initial scheduling order in this case on August 10, 2022 (ECF No. 13).
2. SLS served its initial disclosures on August 22, 2022.
3. SLS propounded its first set of discovery requests (requests for production of documents, interrogatories, and requests for admissions) on Plaintiff on November 3, 2022. SLS has granted Plaintiff an extension to respond to its discovery requests
until December 22, 2022.
4. SLS noticed Plaintiff's deposition on November 3, 2022. That deposition was originally scheduled to take place December 19, 2022, but the parties have agreed to postpone in light of scheduling conflicts between Plaintiff and counsel.
II. Discovery Remaining
1. SLS's deposition of Plaintiff.
2. Plaintiff's responses to SLS's written discovery requests.
III. Reasons Why Discovery Cannot be Completed
The parties have worked in good faith to schedule a date for Plaintiff s deposition but have been unable to schedule a mutually available time. The parties inability to schedule the deposition is not due to any party's neglect or desire to delay. Instead, the schedules of counsel, coupled with the preexisting conflicts with Plaintiff's schedule, have proven difficult to navigate. The parties have had productive discussions regarding scheduling, and both sides are optimistic that Plaintiff's deposition will move forward in the first half of January 2023. Given that timeline, the parties believe that a forty-five-day extension of the dispositive-motion deadline will provide sufficient time to receive and review the deposition transcript and prepare their respective dispositive motions.
IV. Current Deadlines and Proposed New Deadlines
Event
Current Deadline
Proposed Deadline
Dispositive Motion Deadline
January 5, 2023
February 20, 2023
Pretrial Disclosures / Order
February 6, 2023
March 23, 2023
ORDER
IT IS SO ORDERED.