Jordan v. Paul Financial, LLC

Filing 371

ORDER CONTINUING MOTION (tf, COURT STAFF) (Filed on 6/22/2011)

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SMOGER & ASSOCIATES
Gerson H. Smoger (SBN 79196)
[e-mail]
Steven M. Bronson (SBN 246751)
[e-mail]
3175 Monterey Blvd
Oakland, CA, 94602-3560
Phone: [phone]
Fax:
[phone]
BROWNE WOODS GEORGE LLP
Lee A. Weiss (Admitted Pro Hac Vice)
[e-mail]
626 RXR Plaza
Uniondale, New York 11556
Tel.: [phone]
Fax: [phone]

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ARBOGAST & BERNS LLP
David M. Arbogast (SBN 167571)
[e-mail]
Jeffrey K. Berns, Esq. (SBN 131351)
[e-mail]
6303 Owensmouth Ave., 10th Floor
Woodland Hills, CA 91367-2263
Phone: [phone]
Fax: [phone]

[Additional counsel listed on signature page]
Attorneys for Plaintiffs and the Putative Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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GREGORY M. JORDAN, ELI GOLDHABER )
and JOSEPHINA GOLDHABER, individually )
and on behalf of all others similarly situated,
)
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Plaintiffs,
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v.
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PAUL FINANCIAL, LLC, LUMINENT
)
MORTGAGE CAPITAL, INC., HSBC BANK )
USA, N.A., AS TRUSTEE OF LUMINENT
)
MORTGAGE TRUST 2006-2, RBS
)
FINANCIAL PRODUCTS, INC. and DOES 2 )
through 10 inclusive,
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Defendants.
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)
)
)

CASE NO. 3:07-cv-04496-SI
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARINGS ON PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION
AND DEFENDANT RBS FINANCIAL
PRODUCTS, INC’S MOTION FOR
SUMMARY JUDGMENT
Current Date:
Requested Date:
Time:
Place:
Judge:

June 24, 2011
August 12, 2011
9:00 a.m.
Courtroom 10
Hon. Susan Illston

Complaint Filed: August 30, 2007
Trial Date: Not set yet

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Stipulation and Order to Continue Hearings on Motion for Class Certification and Summary Judgment - 3:07-cv-04496-SI

STIPULATION

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1.

WHEREAS, Plaintiffs filed their Motion for Class Certification on March 18, 2011.

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(Dkt. No. 315.)

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2.

WHEREAS, on April 7, 2011, Defendant RBS FINANCIAL PRODUCTS, INC. (“RBS”)

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filed a Motion for Summary Judgement seeking dismissal of Plaintiffs’ Eli and Josephina Goldhaber’s

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(the “Goldhabers”) claims.
3.

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WHEREAS, on April 15, 2011, this Court continued the hearings on the pending

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Motions to June 17, 2011. See Order to Continue Class Certification and Summary Judgment Hearings.

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(Dkt. No. 338.)

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4.

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opposition to Plaintiffs’ Motion for Class Certification. Dkt. No. 345.
4.

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WHEREAS, on May 13, 2011, pursuant to a stipulation among the parties, RBS filed its

WHEREAS, on May 17, 2011, Plaintiffs filed a motion for order shortening time re

motion to stay.
5.

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WHEREAS, on May 18, 2011, Plaintiffs filed an Emergency Administrative Motion to

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Continue Briefing and Hearing Dates on Plaintiffs’ Motion for Class Certification and Defendant RBS

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Financial Products, Inc.’s Motion for Summary Judgment (“Emergency Ex Parte Application”).
7.

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WHEREAS, on May 20, 2011, the Court issued its order re Plaintiffs Emergency Ex

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Parte Application. The order continued the hearings on the motions from June 17, 2011 to June 24,

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2011.
8.

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for summary judgment. Dkt. No. 357.
9.

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WHEREAS, on June 10, 2011, Defendant RBS’s filed its reply to Plaintiffs’ opposition

to RBS’s motion for summary judgment. Dkt. No. 357.
9.

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WHEREAS, on June 3, 2011, Plaintiffs filed their opposition to Defendant RBS’s motion

WHEREAS, on June 10, 2011, Plaintiffs filed their reply to Defendant RBS’s opposition

to Plaintiffs motion for class certification. Dkt. No. 364.
10.

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WHEREAS, as of June 10, 2011, Plaintiffs motion for class certification and Defendant

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RBS’s motion for summary judgment is fully briefed pending oral argument currently set for June 24,

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2011.
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Stipulation and Order to Continue Hearings on Motion for Class Certification and Summary Judgment - 3:07-cv-04496-SI

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10.

WHEREAS, Lead Counsel Gerson Smoger is in trial and will not be available to argue

the motions until the end of July, at the earliest.
11.

WHEREAS, on June 18, 2011, Lead Counsel David M. Arbogast, who was prepared to

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argue the motions on June 24, 2011 was diagnosed with pneumonia and is unavailable to argue the

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motions as currently scheduled.

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12.

WHEREAS, Mr. Arbogast is expected to recover from pneumonia within 3 weeks.

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13.

WHEREAS, Counsel for the remaining Defendants have agreed that August 12, 2011

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would be an agreeable date if the Court is inclined to grant this request.
13.

WHEREAS, Plaintiffs will be prejudiced if Mr. Arbogast is not allowed to argue the

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motions. Mr. Arbogast has coordinated and lead this litigation since its inception on August 30, 2007

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and thus, good cause exists to continue the hearing on the motions for a period of 3-4 weeks so as to

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allow Mr. Arbogast to recover from pneumonia and prepare for and attend the hearings on the motions.

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IT IS THEREFORE STIPULATED by and between Plaintiffs and Defendants that, should the

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Court’s schedule permit, the hearings on the motions currently set for June 24, 2011 be continued to

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Friday, August 12, 2011 at 9 a.m.

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IT IS SO STIPULATED:

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DATED: June 22, 2009
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Respectfully submitted,
GREGORY M. JORDAN, ELI GOLDHABER and
JOSEPHINA GOLDHABER

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By their attorneys,
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/s/Jeffrey K. Berns
Jeffrey K. Berns

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Attorneys for Plaintiffs

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DATED: June 22, 2009

PAUL FINANCIAL LLC
By its attorneys,

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/s/ John Christian
John Christian
Tobin & Tobin
500 Sansome Street
San Francisco, CA 94111
Phone: [phone]

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Stipulation and Order to Continue Hearings on Motion for Class Certification and Summary Judgment - 3:07-cv-04496-SI

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DATED: June 22, 2009

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LUMINENT MORTGAGE TRUST 2006-2,
and HSBC BANK USA, NATIONAL
ASSOCIATION
By its attorneys,

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/s/ Irene C. Friedel
Irene C. Freidel
K & L GATES ELLIS LLP
One Lincoln Street
Boston, MA 02111-2950
Phone: [phone]
Fax: [phone]

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DATED: June 22, 2009

RBS FINANCIAL PRODUCTS, INC.
By its attorneys,

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/s/ Benjamin B. Klubes
Benjamin B. Klubes
BUCKLEY SANDLER LLP
1250 24th Street, NW, Suite 700
Washington, DC 20037
Telephone: [phone]

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[PROPOSED] ORDER

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Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED
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that:
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1.

The hearings on Plaintiffs motion for class certification and Defendant RBS’s motion for

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summary judgment, currently set for hearing on June 24, 2011, be continued to Friday, August 12, 2011
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at 9:00 a.m.
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IT IS SO ORDERED

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Dated: ________, 2011
6/21
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________________________
HON. SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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Stipulation and Order to Continue Hearings on Motion for Class Certification and Summary Judgment - 3:07-cv-04496-SI