Wong et al v. HSBC Mortgage Corporation (USA) et al

Filing 294

ORDER APPROVING STIPULATION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT. Signed by Judge Maxine M. Chesney on November 19, 2010. (Attachment: # 1 Exhibit A)(mmclc1, COURT STAFF) (Filed on 11/19/2010)

Wong et al v. HSBC Mortgage Corporation (USA) et al

Doc. 294

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Donald H. Nichols, MN State Bar No. 78918 [e-mail] (admitted pro hac vice) Paul J. Lukas, MN State Bar No. 22084X [e-mail] (admitted pro hac vice) Tim C. Selander, MN Bar No. 0387016 [e-mail] (admitted pro hac vice) NICHOLS KASTER, PLLP 4600 IDS Center 80 S. 8th Street Minneapolis, MN 55402 Telephone: [phone] Facsimile: 612-215-6870 Matthew C. Helland, CA State Bar No. 250451 [e-mail] NICHOLS KASTER, LLP One Embarcadero Center, Ste. 720 San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-277-7238 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Philip Wong, et al, individually, on behalf of others similarly situated, and on behalf of the general public, Plaintiffs, Case No. 07-cv-2446 MMC STIPULATION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND ORDER THEREON v. HSBC Mortgage Corporation (USA), HSBC Bank USA, N.A., and DOES 1 through 50, inclusive, Defendants.

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Plaintiffs Philip Wong, et al, and Defendants HSBC Mortgage Corporation (USA) and HSBC Bank USA, N.A. ("Defendants") by and through their respective counsel of record, and pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, hereby stipulate and agree as follows:

STIPULATION AND [proposed] ORDER
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WHEREAS, in the case management conference held on October 22, 2010, Plaintiffs proposed, and Defendants and the Court agreed, that the trial of this action will include five California Plaintiffs: Philip Wong, Frederic Chaussy, Ryan Kanazawa, Stephany Hor and Christine Lim; and WHEREAS, at the same case management conference Plaintiffs proposed, and Defendants and the Court agreed, that former named Plaintiffs Chad Barbiere and Leslie Marie Shearn would not be included in the trial of this action, but rather their claims would be dismissed without prejudice to refile in another jurisdiction; and WHEREAS, Plaintiffs seek to amend their complaint to conform to this agreement amongst counsel and Order of the Court; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that 1) Defendants grant their consent to Plaintiffs to file their Third Amended Complaint, attached hereto as Exhibit A. Pursuant to General Order 45, concurrence of all signatories has been obtained by the filing of this stipulation. Dated: November 12, 2010 NICHOLS KASTER, LLP By, s/Matthew C. Helland Matthew C. Helland NICHOLS KASTER, PLLP Attorneys for Plaintiffs Dated: November 12, 2010 LITTLER MENDELSON P.C. By, s/Michelle R. Barrett Michelle R. Barrett Attorneys for Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: November 19, 2010 ________________ ______________________________ Honorable Maxine M. Chesney United States District Judge

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STIPULATION AND [proposed] ORDER