Jordan v. Paul Financial, LLC

Filing 120

ORDER re 119 . Signed by Judge Illston on 12/23/08. (ts, COURT STAFF) (Filed on 12/23/2008)

Case 3:07-cv-04496-SI

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MATTHEW G. BALL (SBN NO. 208881) [e-mail] RACHEL CHATMAN (SBN No. 206775) [e-mail] K&L GATES LLP 4 Embarcadero Center, Suite 1200 San Francisco, California 94105-3493 Telephone: [phone] Facsimile: [phone] IRENE C. FREIDEL (admitted pro hac vice) [e-mail] DAVID D. CHRISTENSEN (admitted pro hac vice) [e-mail] K&L GATES LLP State Street Financial Center One Lincoln Street Boston, MA 02111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PAUL FINANCIAL LLC, and HSBC BANK USA, NATIONAL ASSOCIATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION GREGORY M. JORDAN, individually and on behalf of all others similarly situated, Plaintiff, vs. PAUL FINANCIAL, LLS, LUMINENT MORTGAGE CAPITOL, INC., LUMINENT MORTGAGE TRUST 2006-2, HSBC NATIONAL ASSOCIATION, and DOES 1 through 10 inclusive, Defendants. Case No. 3:07-cv-04496-SI STIPULATION AND [PROPOSED] ORDER RE: ENLARGEMENT OF PAGE LIMITATIONS Assigned to Honorable Susan Illston

STIPULATION AND [PROPOSED] ORDER

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WHEREAS, on October 31, 2008, plaintiff filed a Motion for Class Certification and an Application for Preliminary Injunction to Prohibit Recasting and Foreclosure on ARM Loans ("plaintiff's motions"); WHEREAS, defendants Paul Financial LLC's and HSBC Bank USA, N.A.'s (1) Response to

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 separately with the Court: (1) defendants' Response to Plaintiff's Motion for Class Certification, (2) 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER 2 Case No. CV07-04496 SI

Plaintiff's Motion for Class Certification, and (2) Response to Plaintiff's Application for Preliminary Injunction to Prohibit Recasting and Foreclosure on ARM Loans, are currently due December 30, 2008, and a hearing is currently scheduled on plaintiff's motions for January 20, 2009; WHEREAS, in addition to filing their (1) Response to Plaintiff's Motion for Class Certification, and (2) Response to Plaintiff's Application for Preliminary Injunction to Prohibit Recasting and Foreclosure on ARM Loans, defendants Paul Financial LLC and HSBC Bank USA, N.A. ("defendants") intend to file a separate Motion for Summary Judgment on plaintiff's individual claims on December 30, 2008 as well; WHEREAS, for the sake of efficiency, defendants Paul Financial LLC and HSBC Bank USA, N.A. wish to file joint memoranda for each of the three distinct motions their counsel is responding to and/or filing. As a result, defendants seek an enlargement of the page limit, from 25 pages to 40 pages, to enable the filing of the following joint memoranda, which will be filed

defendants' Response to Plaintiff's Application for Preliminary Injunction to Prohibit Recasting and Foreclosure on ARM Loans, and (3) defendants' Motion for Summary Judgment. WHEREAS, the parties have agreed that the 25-page limitation set forth in Local Rule 7-4(b) for defendants' (1) Response to Plaintiff's Motion for Class Certification, (2) Response to Plaintiff's Application for Preliminary Injunction to Prohibit Recasting and Foreclosure on ARM Loans; and (3) Motion for Summary Judgment, should be enlarged up to 40 pages each;

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WHEREAS, the parties have agreed that the 15-page limitation set forth in Local Rule 7-4(b) for plaintiff's replies to defendants' (1) Response to Plaintiff's Motion for Class Certification, and (2) Response to Plaintiff's Application for Preliminary Injunction to Prohibit Recasting and Foreclosure on ARM Loans, and defendants' reply in support of its motion for summary judgment,

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should be enlarged up to 25 pages each; WHEREAS, the parties have agreed that the 25-page limitation set forth in Local Rule 7-4(b) for plaintiff's Response to Defendants Motion for Summary Judgment should be enlarged up to 40 pages; and WHEREFORE, the parties hereby stipulate and agree that the 25-page limitation set forth in Local Rule 7-4(b) for their responsive briefs should be enlarged up to 40 pages each (exclusive of table of contents, table of authorities, and supporting declarations and exhibits), and the 15-page limitation for the parties' reply briefs should be enlarged to 25 pages. IT IS SO STIPULATED.

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1 Dated: December 22, 2008 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
STIPULATION AND [PROPOSED] ORDER

By:

/s/ Irene C. Freidel Irene C. Freidel (pro hac vice) David D. Christensen (pro hac vice) K&L GATES LLP State Street Financial Center One Lincoln Street Boston, Massachusetts 02111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Matthew G. Ball (SBN NO. 208881) Rachel Chatman (SBN NO. 206775) K&L GATES LLP 4 Embarcadero Center, Suite 1200 San Francisco, California 94105-3493 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants Paul Financial LLC and HBSC Bank USA, National Association

Dated: December 22, 2008

By:

/s/ David M. Arbogast by permission David M. Arbogast (SBN 167571) [e-mail] Jeffrey K. Berns, Esq. (SBN 131351) [e-mail] ARBOGAST & BERNS LLP 19510 Ventura Boulevard, Suite 200 Tarzana, California 91356 Phone: [phone] Fax: [phone] Attorneys for plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: December ____, 2008 _____________________________________ The Honorable Susan Illston United States District Judge

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