Opinion
3:19-cv-04303-WHO 319-cv-04356-WHO
08-11-2021
LAWRENCE TORLIATT, on behalf of himself and all others similarly situated, Plaintiff, v. OCWEN LOAN SERVICING, LLC, Defendant. Lawrence Torliatt v. PHH Mortgage Corp.
James L. Kauffman (admitted pro hac vice) BAILEY GLASSER LLP Edwin Lee Lowther (admitted pro hac vice) Hank Bates (SBN 167688) Randall K. Pulliam (admitted pro hac vice) CARNEY BATES & PULLIAM, PLLC Don F. Livornese (State Bar No. 125, 934) RUYAK CHERIAN LLP Attorneys for Plaintiff Lawrence Torliatt Kimberly M. Ingram Kimberly M. Ingram (State Bar No. 305497) BRADLEY ARANT BOULT CUMMINGS LLP Michael R. Pennington (Pro Hac Vice) Zachary A. Madonia (Pro Hac Vice) BRADLEY ARANT BOULT CUMMINGS LLP Scott Burnett Smith (Pro Hac Vice) BRADLEY ARANT BOULT CUMMINGS LLP Attorneys for PHH Mortgage Corp., in its individual capacity and as successor by merger to named defendant Ocwen Loan Servicing, LLC
James L. Kauffman (admitted pro hac vice) BAILEY GLASSER LLP
Edwin Lee Lowther (admitted pro hac vice) Hank Bates (SBN 167688)
Randall K. Pulliam (admitted pro hac vice) CARNEY BATES & PULLIAM, PLLC
Don F. Livornese (State Bar No. 125, 934) RUYAK CHERIAN LLP Attorneys for Plaintiff Lawrence Torliatt Kimberly M. Ingram
Kimberly M. Ingram (State Bar No. 305497) BRADLEY ARANT BOULT CUMMINGS LLP
Michael R. Pennington (Pro Hac Vice) Zachary A. Madonia (Pro Hac Vice) BRADLEY ARANT BOULT CUMMINGS LLP
Scott Burnett Smith (Pro Hac Vice) BRADLEY ARANT BOULT CUMMINGS LLP Attorneys for PHH Mortgage Corp., in its individual capacity and as successor by merger to named defendant Ocwen Loan Servicing, LLC
STIPULATED REQUEST FOR CONTINUANCE OF THE HEARING DATE FOR DEFENDANT'S MOTION TO EXCLUDE PLAINTIFF'S EXPERT PATRICIA FORCIER AND FOR ORDER CHANGING TIME
The Honorable William H. Orrick, Judge.
Plaintiff Lawrence Torliatt and Defendant PHH Mortgage Corporation (“PHH”), in its individual capacity and as successor by merger to named Defendant Ocwen Loan Servicing, LLC (“Ocwen”), pursuant to Local Rule 6-2, hereby request this Court continue the hearing date on PHH's Motion to Exclude Plaintiff's Expert Patricia Forcier (ECF No. 124) from September 8, 2021, to September 22, 2021, which is the hearing date for Plaintiff's Motion for Class Certification. The Motion to Exclude pertains to the opinions Plaintiff offered in support of his Motion for Class Certification, and the Parties respectfully submit that it makes sense to hear these motions at the same time.
The Parties further stipulate to, and ask the Court to approve, the following briefing schedule on PHH's Motion to Exclude:
• August 31, 2021: Plaintiff's Opposition Deadline
• September 15, 2021: PHH's Reply Deadline
The Parties respectfully submit there is good cause for, and no prejudice from, this agreed continuance and extension.
A stipulated extension of time was requested by Plaintiff in connection with the Motion to Dismiss, which the Court granted. See D.E. 40, 41. Plaintiff also requested to shorten time with respect to the hearing of certain motions, which the Court granted. See D.E. 69-71. Defendant requested a stipulated extension of its deadline to file an opposition to Plaintiff's Motion for Class Certification, which the Court granted. D.E. 120.
The hearing for the Motion for Class Certification will remain set for September 22, 2021, and the requested modification is not expected to have any effect whatsoever on the schedule for the case.
Respectfully submitted, ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1, I, James L. Kauffman, hereby attest that concurrence in the filing of the document has been obtained from each of the other Signatories.
The Stipulation is granted, as modifed. The response and reply dates are adopted, and the hearing is set for SEPTEMBER 29, 2021 AT 2:00 P.M.