Jordan v. Paul Financial, LLC

Filing 425

ORDER: Further Case Management Conference set for 5/10/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 3/21/13., Motions terminated: 424 STIPULATION WITH PROPOSED ORDER JOINT NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE filed by Josephina Goldhaber, Eli Goldhaber, Gregory M. Jordan.(tfS, COURT STAFF) (Filed on 3/21/2013)

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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
Tel.: [phone]
Fax: [phone]

BERNS WEISS LLP
Jeffrey K. Berns (SBN 131351)
[e-mail]
20700 Ventura Blvd., Suite 140
Woodland Hills, CA 91364
Tel.: [phone]
Fax: [phone]

ARBOGAST BOWEN LLP
David M. Arbogast (SBN 167571)
[e-mail]
11400 W. Olympic Blvd., 2nd Floor
Los Angeles, CA 90064
Tel.: [phone]
Fax: [phone]

Lee A. Weiss (Admitted Pro Hac Vice)
[e-mail]
585 Stewart Avenue, Suite L-20
Garden City, NY 11530
Tel.: [phone]
Fax: [phone]

-and-

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12 Attorneys for Plaintiff and the Class and the RBS SubClass
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

15 GREGORY M. JORDAN, ELI GOLDHABER
and JOSEPHINA GOLDHABER individually
16 and on behalf of all others similarly situated,
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Plaintiffs,
v.

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PAUL FINANCIAL, LLC, LUMINENT
20 MORTGAGE CAPITAL, INC., HSBC BANK
USA, N.A., AS TRUSTEE OF LUMINENT
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MORTGAGE TRUST 2006-2, RBS
22 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
JOINT NOTICE OF SETTLEMENT AND
STIPULATION AND [PROPOSED]
ORDER TO RESCHEDULE CASE
MANAGEMENT CONFERENCE
Current date:
Time:
Courtroom:
Judge:

March 29, 2013
3:00 p.m.
Courtroom 10, 19th Floor
Hon. Susan Illston

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JOINT NOTICE OF SETTLEMENT AND STIPULATION TO
RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-04496-SI

Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6-1(b), Plaintiffs and

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2 Class Representatives

,

3 Defendant Paul Financi
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and Defendant RBS Financial Products Inc.

RBS

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WHEREAS, by Order dated July 27, 2011 (Dkt. No. 385), this Court dismissed HSBC

7 Bank USA, N.A. and Luminent Mortgage Trust 2006-2;
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9 Motion for Summary Judgment and granted P
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WHEREAS, by Order dated September 26, 2012 (Dkt. No. 419), this Court appointed

11 Class Representatives and Class Counsel and certified the Class and the RBS SubClass as follows:
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The Class

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All individuals who, within the fouroriginal complaint t
obtained an Option ARM loan from Paul Financial, LLC that either (a) was secured by real
property located in the State of California, or (b) was secured by real property located
outside the State of California where the loan was approved in or disseminated from
California, which loan had the following characteristics: (i) the yearly numerical interest

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interest rate I will pay may
one of the Note was only effective through the due date for the first monthly payment and

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ortization or deferred interest. Excluded
their family members, as well as the Court and its officers, employees, and relatives.
The RBS SubClass

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All members of the Class whose Option ARM loans were sold or otherwise
assigned by Paul Financial, LLC to RBS Financial Products Inc.

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WHEREAS, on February 7, 2013, Class Representatives and RBS participated in a day-

26 long mediation session before Professor Eric D. Green of Resolutions, LLC;
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JOINT NOTICE OF SETTLEMENT AND STIPULATION TO
RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-04496-SI

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WHEREAS, Class Representatives and RBS have agreed to a settlement in principle, but

2 require an additional six weeks time to finalize a settlement agreement, and to prepare and file a
3 motion for preliminary approval;
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WHEREAS, this Court scheduled a Further Case Management Conference for March 29,

5 2013, and ordered a joint case management conference statement be filed one week prior;
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WHEREAS, no Party will be prejudiced by the relief requested in this Notice of Settlement

7 and Stipulation; and
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WHEREAS, this Notice of Settlement and Stipulation is without prejudice to, or waiver of,

9 any rights or defenses otherwise available to the Parties in this action;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs,

11 by their undersigned counsel, and Defendants Paul Financial, LLC and RBS Financial Products
12 Inc., by their undersigned counsel, that, subject to the approval of this Court:
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(1) the Further Case Management Conference set for March 29, 2013 shall be continued to
May 10, 2013 at 3:00 p.m., or at a time thereafter convenient for the Court;

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(2) the Parties shall submit a full Joint Case Management Statement in compliance with

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Civil L.R. 16-9 and the Standing Order for All Judges of the Northern District of

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California one week prior to the date of the scheduled Further Case Management

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Conference; and

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(3) if the Parties file a motion for preliminary approval of their settlement on or before the

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due date of the Joint Case Management Statement, then the Further Case Management

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Conference shall be taken off calendar.

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Respectfully submitted,

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Dated: March 21, 2013

/s/ Lee A. Weiss
Lee A. Weiss (admitted pro hac vice)
[e-mail]
BERNS WEISS, LLP
585 Stewart Avenue, Suite L-20
Garden City, New York 11530
Telephone: [phone]
Facsimile: [phone]
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JOINT NOTICE OF SETTLEMENT AND STIPULATION TO
RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-04496-SI

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-and-

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Jeffrey K. Berns (SBN 131351)
[e-mail]
BERNS WEISS LLP
20700 Ventura Boulevard, Suite 140
Woodland Hills, CA 91364
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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9 Dated: March 21, 2013
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Leah Mosner (SBN 266645)
[e-mail]
BUCKLEYSANDLER LLP
100 Wilshire Boulevard, Suite 1000
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
RBS Financial Products Inc.

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22 Dated: March 21, 2013
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/s/ Benjamin B. Klubes
Benjamin B. Klubes (Admitted Pro Hac Vice)
[e-mail]
Michelle L. Rogers (Admitted Pro Hac Vice)
[e-mail]
BUCKLEYSANDLER LLP
1250 24th Street NW, Suite 700
Washington, DC 20037
Telephone: [phone]
Facsimile: [phone]

/s/ John P. Christian
John P. Christian (SBN 111444)
[e-mail]
WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN
475 Sansome Street, Suite 1800
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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JOINT NOTICE OF SETTLEMENT AND STIPULATION TO
RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-04496-SI

ECF CERTIFICATION

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Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained

4 concurrence regarding the filing of this document from the signatories to the document.
5 Dated: March 21, 2013
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/s/ Lee A. Weiss
Lee A. Weiss (admitted pro hac vice)
[e-mail]
BERNS WEISS, LLP
585 Stewart Avenue, Suite L-20
Garden City, New York 11530
Telephone: [phone]
Facsimile: [phone]

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JOINT NOTICE OF SETTLEMENT AND STIPULATION TO
RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-04496-SI

[PROPOSED] ORDER

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Pursuant to the Joint Notice of Settlement and Stipulation of counsel and for good cause

3 shown, IT IS HEREBY ORDERED that:
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at 3:00 p.m.;
(1) the Further Case Management Conference is continued to May 10,
2013
(2) the Parties shall submit a full Joint Case Management Statement in compliance with
Civil L.R. 16-9 and the Standing Order for All Judges of the Northern District of
May 3, 2013
California on or before
;
(3) if the Parties file a motion for preliminary approval of their settlement on or before
April 26, 2013then the Further Case Management Conference shall be taken off calendar;
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and
(4) the proceedings in this action shall remain stayed in their entirety.
IT IS SO ORDERED.

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3/21
Dated: ______________, 2013

______________________________________
Judge Susan Illston
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER RE: STIPULATION TO
RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-04496-SI