Spears et al v. Washington Mutual, Inc. et al

Filing 260

REVISED AMENDED ORDER 259 Regarding Class Notice, Appointment of Lead Counsel, and Pre-Trial Scheduling: Jury Trial set for 6/23/2014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 3/14/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 5/1/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 8/1/12. (jg, COURT STAFF) (Filed on 8/1/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 IN THE UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 18 19 20 21 22 23 ) FELTON A. SPEARS, JR. and SIDNEY SCHOLL, on behalf of themselves and) all others similarly situated, ) ) Plaintiffs, ) ) vs. ) FIRST AMERICAN EAPPRAISEIT ) (a/k/a eAppraiseIT, LLC), ) a Delaware limited liability company, ) ) Defendant. ) ) Case No. 5-08-CV-00868 (RMW) REVISED AMENDED () ORDER REGARDING CLASS NOTICE, APPOINTMENT OF LEAD COUNSEL, AND PRE-TRIAL SCHEDULING Courtroom: Courtroom 6, 4th Floor Judge: Honorable Ronald M. Whyte 24 25 26 27 28 REVISED AMENDED ] ORDER; CASE NO. 5-08-CV-00868 (RMW) 1 On June 29, 2012, the parties attended a Case Management Conference regarding the above- 2 captioned matter. Plaintiffs were represented by Joseph N. Kravec, Jr. of Stember Feinstein Doyle 3 Payne & Kravec, LLC, and Janet Lindner Spielberg of the Law Offices of Janet Lindner Spielberg. 4 Defendant was represented by Richard Hans, Jeffrey Rotenberg, and Carter Ott of DLA Piper LLP 5 (US). Pursuant to the discussion and argument of counsel during the Case Management Conference, 6 the Court hereby orders as follows: 7 1. Appointment of Lead Counsel 8 Having considered Plaintiffs’ proposal for appointment of Lead Counsel and Co-Lead 9 Counsel in the parties’ Joint Case Management Conference Statement (Docket #254) as well as 10 Defendant’s concerns regarding the efficient and economical management of this action, the Court 11 hereby appoints Joseph N. Kravec, Jr. of Stember Feinstein Doyle Payne & Kravec, LLC and Janet 12 Lindner Spielberg of the Law Offices of Janet Lindner Spielberg as Co-Lead Counsel. Co-Lead 13 Counsel shall direct and manage the prosecution of this matter in an efficient and economical 14 manner, including coordinating work assignments they may make among all of Plaintiffs’ counsel to 15 avoid unnecessary duplication of effort. Defendant may raise with the Court any concerns regarding 16 Co-Lead Counsel’s management of their prosecution of the litigation. 17 2. Class Notice 18 The Court approves Plaintiffs’ proposed form of class notice and plan for providing notice 19 (see Docket #253), and concludes that it is the best notice that is practicable under the circumstances, 20 is consistent with the recommendations by the Federal Judicial Center, and complies with the 21 requirements of Federal Rule of Civil Procedure 23 and due process. Plaintiffs shall modify the 22 proposed form of class notice to accurately reflect the Court’s ruling on the appointment of counsel 23 herein. No other modification to the content of the class notice is permitted without approval of this 24 Court. Plaintiffs shall distribute their proposed notice, pursuant to the plan, as set forth in the 25 schedule set forth below. 26 3. Discovery and Class Notice Schedule 27 The Court approves the following schedule, stipulated by the parties, regarding discovery and 28 class notice: 1 REVISED AMENDED [] ORDER; CASE NO. 5-08-CV-00868 (RMW) August 13, 2012 1 Deadline for distribution of class notice 2 3 Deadline for Requests for Exclusion from the October 13, 2012 Class to be postmarked 4 Merits discovery cutoff May 13, 2013 5 Expert reports June 12, 2013 6 Supplemental and rebuttal expert reports November 11, 2013 Expert discovery cutoff (including any discovery relating to or arising from Plaintiffs’ aggregate inflation analysis) December 30, 2013 Mediation January 29, 2014 11 Dispositive motion cutoff February 12, 2014 12 Other motion cutoff (other than motions in limine) March 14, 2014 May 1, 2014 15 Pretrial conference (hearing on motions in limine, agreed jury instructions and verdict forms, proposed voir dire questions) 16 Pre-trial briefs May 28, 2014 17 Trial date June 23, 2014 7 8 9 10 13 14 18 19 IT IS SO ORDERED: 20 21 DATED: _________________________ _____________________________________ Honorable Ronald M. Whyte United States District Judge 22 23 24 25 26 27 28 2 REVISED AMENDED [] ORDER; CASE NO. 5-08-CV-00868 (RMW)

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