Joseph C. Spero
Steve W. Berman (Pro Hac Vice Pending)
Thomas E. Loeser (State Bar No. 202724)
HAGENS BERMAN SOBOL SHAPIRO LLP
Peter B. Fredman (Cal. State Bar No. 189097)
LAW OFFICE OF PETER FREDMAN
125 University Ave, Suite 102
Berkeley, CA 94710
David Pivtorak (State Bar #255943)
LAW OFFICE OF DAVID PIVTORAK
Attorney for Plaintiffs,
GUSTAVO REYES and MARIA
TERESA GUERRERO, husband and wife,
individually, and on behalf of others similarly situated
CLASS ACTION
STIPULATION AND (PROPOSED) ORDER SETTING HEARING AND BRIEFING SCEHDULE FOR MOTION FOR CLASS CERTIFICATION
Hon. Magistrate Judge Joseph C. Spero
RECITALS
1. This is a stipulation and proposed order to establish a class certification briefing schedule following a series of discovery disputes, the completion of certain discovery, and related agreements to continue the deadline for filing the motion for class certification.
2. The parties have been engaging in class-certification related discovery and meeting and conferring in order to resolve discovery disputes. During this time they have entered into a series of stipulations extending class certification deadlines.
3. On or about June 30. 2011, the parties agreed to extend the deadline again and that they would wait until pre-certification discovery plan could be developed before seeking an additional stipulated order thereon.
4. Discovery has now progressed to the point where the parties seek to set such a class certification briefing schedule.
STIPULATION
THEREFORE, the parties stipulate and request that the Court order as follows:
1. Plaintiffs' deadline to file their motion for class certification is extended from September 12, 2011 to January 9, 2012.
2. Wells Fargo's opposition to the motion for class certification shall be due February 8,2012.
3. Plaintiffs' reply brief in support of class certification shall be due February 22, 2012.
4. This stipulation is without prejudice to the rights, claims, defenses and arguments of all parties.
IT IS SO STIPULATED
HAGENS BERMAN SOBOL SHAPIRO LLP
LAW OFFICE OF PETER FREDMAN
LAW OFFICE OF DAVID PIVTORAK
By: Peter Fredman
Attorney for Plaintiffs
SEVERSON & WERSON
A Professional Corporation
By: Michael J. Steiner
Attorney for Defendant
ORDER
1. The hearing on class certification shall be on 4/6/2012 at 9:30 a.m.
2. Plaintiffs shall Hie their motion for class certification by January 9, 2012.
3. Defendant's opposition shall be due February 8. 2012.
4. Plaintiffs' reply brief is due February 22, 2012.
IT IS SO ORDERED
Hon. Joseph C. Spero
U.S. MAGISTRATE JUDGE