Longbridge Financial, LLC v. Mutual Of Omaha Mortgage, Inc. et al

1
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LONGBRIDGE FINANCIAL, LLC, a
Delaware limited liability company,
Plaintiff,
v.
MUTUAL OF OMAHA MORTGAGE,
INC., a Delaware corporation; REVIEW
COUNSEL LLC, a California limited
liability company; ADVISORY
INSTITUTE, LLC, a Delaware limited
liability company; and DOES 1 through
100, inclusive,
Defendants.
Case No.: 3:24-cv-01730-DMS-VET
ORDER GRANTING JOINT
MOTION TO (1) EXTEND
FACT DISCOVERY DEADLINE
FROM FEBRUARY 9, 2026 TO
FEBRUARY 23, 2026, AND (2)
EXTEND ALL RELATED PRE-
TRIAL DEADLINES BY 21 DAYS
[ECF No. 70]
Before the Court is the parties’ Joint Motion to (1) Extend Fact Discovery Deadline
From February 9, 2026 to February 23, 2026, and (2) Extend All Related Pre-Trial
Deadlines by 21 Days, to Enable the Parties to Finalize the Terms of a Settlement
Agreement. ECF No. 70 (“Joint Motion”). Therein, the parties request to extend the fact
discovery deadline from February 9, 2026 to February 23, 2026 and extend all remaining
case deadlines by twenty-one (21) days. Id. at 2. They represent that good cause warrants
the extensions because the parties need additional time to finalize the terms of a long-form
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 1 of 7

2
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
settlement agreement that will resolve all claims and issues in this case. Id. at 2. This is the
parties’ second request to extend discovery. See ECF No. 65.
Based on a review of the Joint Motion and the record, and good cause appearing, the
Court GRANTS the parties’ request to extend fact discovery and unexpired case deadlines.
The parties are advised that further extensions are strongly disfavored absent new and
compelling facts. Further, the parties SHALL file a Notice of Settlement confirming that
the parties reached a settlement and when they anticipate finalizing the settlement.
I. 	AMENDED SCHEDULING ORDER
The Court ISSUES the following Amended Scheduling Order:
1. 	All unexpired case deadlines set forth in the Court’s Scheduling Order, dated
June 9, 2025, are hereby VACATED. See ECF Nos. 46, 66, 67.
2. 	All fact discovery shall be completed by all parties by February 23, 2026.
“Completed” means that all discovery under Fed. R. Civ. P. 30–36, and discovery
subpoenas under Fed. R. Civ. P. 45, must be initiated a sufficient period of time in advance
of the cut-off date, so that it may be completed by the cut-off date, taking into account the
times for service, notice, and response as set forth in the Federal Rules of Civil Procedure.
Counsel shall promptly and in good faith meet and confer regarding all discovery disputes
in compliance with Local Rule 26.1(a). The Court expects counsel to make every effort to
resolve all disputes without court intervention through the meet and confer process. If the
parties reach an impasse on any discovery issue, counsel shall follow the procedures
governing discovery disputes set forth in Judge Torres’ Civil Chambers Rules. A failure
to comply in this regard will result in a waiver of a party’s discovery issue. Absent an
order of the Court, no stipulation continuing or altering this requirement will be
recognized by the Court.
3. 	The parties shall designate their respective experts in writing by February 26,
2026. The parties must identify any person who may be used at trial to present evidence
pursuant to Fed. R. Evid. 702, 703 or 705. This requirement is not limited to retained
experts. The parties shall designate rebuttal experts in writing by March 12, 2026. The
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 2 of 7

3
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
written expert designations shall include the name, address and telephone number of the
expert and a reasonable summary of the testimony the expert is expected to provide,
including any summary of facts and opinions required by Fed. R. Civ. P. 26(a)(2)(C). The
designations shall also include the normal rates the expert charges for deposition and trial
testimony.
4. 	By April 9, 2026, each party shall comply with the disclosure provisions in
Fed. R. Civ. P. 26(a)(2)(A) and (B). This disclosure requirement applies to all persons
retained or specially employed to provide expert testimony, or whose duties as an employee
of the party regularly involve giving expert testimony. Any party that fails to make these
disclosures shall not, absent substantial justification, be permitted to use evidence or
testimony not disclosed at any hearing or at the time of trial. In addition, the Court may
impose sanctions as permitted by Fed. R. Civ. P. 37(c).
5. 	Any party shall supplement its disclosure regarding contradictory or rebuttal
evidence under Fed. R. Civ. P. 26(a)(2)(D) and 26(e) by April 23, 2026.
6. 	All expert discovery shall be completed by all parties by May 26, 2026. The
parties shall comply with the same procedures set forth in the paragraph governing fact
discovery.
7. 	Failure to comply with any other discovery order of the Court may result in
the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on the introduction
of experts or other designated matters in evidence.
8. 	A Mandatory Settlement Conference (“MSC”) shall be conducted by Zoom
video conferencing on May 29, 2026 at 10:00 a.m. before Magistrate Judge Valerie E.
Torres.1
1 	Counsel may request the MSC be converted to an in-person appearance through a joint
call or email to Judge Torres’ Chambers (efile_torres@casd.uscourts.gov). Counsel
must meet and confer prior to making such a request.
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 3 of 7

4
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a. 	The following are mandatory procedures to be followed in preparation for
the MSC. Absent express permission from this Court, counsel must timely comply with
the dates and deadlines herein. Questions regarding the MSC or the mandatory guidelines
set forth herein may be directed to Judge Torres’ Chambers at (619) 557-6384.
b. 	Full Settlement Authority Required. Pursuant to Local Rule 16.1.c.1, all
parties, party representatives, including claims adjusters for insured parties, and the
principal attorney(s) responsible for the litigation must participate in the MSC. 2 This
appearance must be made with full and complete authority to negotiate and enter into a
binding settlement. 3 Counsel for a government entity is excused from this requirement if
the government attorney who participates in the MSC (i) has primary responsibility for
handling the case, and (ii) may negotiate settlement offers that the attorney is willing to
recommend to the government official having ultimate settlement authority.
c. 	Confidential Settlement Brief. No later than seven (7) calendar days
before the MSC, each party must lodge a Confidential Settlement Brief by email to
efile_torres@casd.uscourts.gov. The Confidential Settlement Brief should not exceed ten
(10) pages, excluding exhibits, and must be formatted according to the requirements of
Local Rule 5.1(a). Parties attaching exhibits must attach only the relevant pages of multi-
page exhibits and must highlight the relevant portions.
2 	The attendance requirement includes parties that are indemnified by others. Any
deviation from this Order requires prior Court approval.
3 Full authority to settle means that the individuals at the MSC are authorized to fully
explore settlement options and to agree at that time to any settlement terms acceptable
to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th
Cir. 1989). Party participants need to have “unfettered discretion and authority” to
change the settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481,
485-486 (D. Ariz. 2003). One of the purposes of requiring a person with complete
settlement authority to attend the conference is that the person’s view of the case may
be altered during the face-to-face conference. Id. at 486. Limited or sum certain
authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595-597 (8th
Cir. 2001).
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 4 of 7

5
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
d. 	Contents of Settlement Brief. All Confidential Settlement Briefs shall
include 	the 	content 	specified 	in 	the 	Court’s 	Chambers 	Rules, 	available 	at
https://www.casd.uscourts.gov/Judges/torres/docs/Civil%20Chambers%20Rules.pdf.
e. 	Procedure for Zoom Videoconference. No less than two (2) business
days prior to the MSC, the Court will email counsel of record an invitation with the Zoom
meeting information. Participants can join the Zoom video conference by following the
ZoomGov Meeting hyperlink or using the meeting ID and password provided. Each
participant should plan to join the Zoom video conference at least five (5) minutes before
the start of the MSC. Counsel is responsible for ensuring their clients can participate in the
MSC. All participants must display the same level of professionalism and attention during
the MSC as if they were attending in person (e.g., not be driving while speaking to the
Court, or otherwise distracted).
9. 	All pre-trial motions must be filed by June 25, 2026. Counsel for the moving
party must obtain a motion hearing date from the law clerk of the judge who will hear the
motion. The period of time between the date you request a motion date and the hearing
date may vary from one district judge to another. Please plan accordingly. Failure to make
a timely request for a motion date may result in the motion not being heard. Motions in
limine are to be filed as directed in the Local Rules, or as otherwise set by the district judge.
10. 	Counsel shall file their Memoranda of Contentions of Fact and Law and take
any other action required by Local Rule 16.1(f)(2) by September 11, 2026.
11. 	Counsel shall comply with the pre-trial disclosure requirements of Fed. R.
Civ. P. 26(a)(3) by 	September 11, 2026. Failure to comply with these disclosure
requirements could result in evidence preclusion or other sanctions under Fed. R. Civ. P.
37.
12. 	Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by
September 18, 2026. At this meeting, counsel shall discuss and attempt to enter into
stipulations and agreements resulting in simplification of the triable issues. Counsel shall
exchange copies and/or display all exhibits other than those to be used for impeachment.
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 5 of 7

6
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall
note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ.
P. 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference
order.
13. 	Counsel for plaintiff will be responsible for preparing the pretrial order and
arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By September 25,
2026, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order
for review and approval. Opposing counsel must communicate promptly with plaintiff’s
counsel concerning any objections to form or content of the pretrial order, and both parties
shall attempt promptly to resolve their differences, if any, concerning the order.
14. 	The Proposed Final Pretrial Conference Order, including objections to any
other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served, and
lodged with the assigned district judge by October 2, 2026, and shall be in the form
prescribed in and comply with Local Rule 16.1(f)(6).
15. 	The final Pretrial Conference is scheduled on the calendar of the Honorable
Dana M. Sabraw on October 9, 2026 at 10:30 a.m.
16. 	The trial is scheduled to start on November 9, 2026 at 9:00 a.m. before the
Honorable Dana M. Sabraw.
17. 	The parties must review the chambers rules for the assigned district judge and
magistrate judge.
18. 	A post-trial settlement conference before a magistrate judge may be held
within 30 days of verdict in the case.
19. 	The dates and times set forth herein will not be modified except for good
cause shown.
/ / /
/ / /
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 6 of 7

7
3:24-cv-01730-DMS-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20. 	Briefs or memoranda in support of or in opposition to any pending motion
shall not exceed twenty-five (25) pages in length without leave of a district court judge. No
reply memorandum shall exceed ten (10) pages without leave of a district court judge.
Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents
and a table of authorities cited.
IT IS SO ORDERED.
Dated: February 3, 2026 	__________________________________
Honorable Valerie E. Torres
United States Magistrate Judge
Case 3:24-cv-01730-DMS-VET Document 71 Filed 02/03/26 PageID.<pageID>
Page 7 of 7