Lymburner v. U.S. Financial Funds, Inc.

Filing 92

STIPULATION AND ORDER re 91 Stipulation filed by U.S. Financial Funding, Inc.. Signed by Magistrate Judge Elizabeth D. Laporte on August 6, 2009. (edllc2, COURT STAFF) (Filed on 8/6/2009)

Case3:08-cv-00325-EDL Document91

Filed08/05/09 Page1 of 3

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

LEWIS BRISBOIS BISGAARD & SMITH LLP ROGER S. RAPHAEL, SB# 111946 E-Mail: [e-mail] SHAHRAM NASSI, SB# 239812 E-Mail: [e-mail] One Sansome Street, Suite 1400 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant U.S. FINANCIAL FUNDING, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco)

DIAN C. LYMBURNER, individually, and on ) behalf of others similarly situated, ) ) Plaintiff, ) ) v. ) ) U.S. FINANCIAL FUNDING, INC., a ) California corporation, and DOES 1 through 10, ) inclusive, ) ) Defendants. ) )

CAS E NO. CV 08-00325 EDL

STIPULATION AND [PROPOSED] ORDER REGARDING U.S. FINANCIAL FUNDING INC.'S ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT

WHEREAS, on July 15, 2009, Plaintiff filed a Third Amended Class Action Complaint; WHEREAS, Plaintiff and Defendant U.S. Financial Funding, Inc., have agreed that Defendant shall not be required to answer the Third Amended Class Action Complaint, and that all denials, responses, and affirmative defenses contained in the answer filed by Defendant to the original complaint shall be responsive to the Third Amended Class Action Complaint; IT IS HEREBY AGREED AND STIPULATED by and among the parties, through their respective counsel, that: 1. Defendant U.S. Financial Funding, Inc. shall not be required to answer the Third Amended Class Action Complaint, and that all denials, responses, and affirmative defenses contained in the answer filed by Defendant to the original complaint shall be responsive to the Third Amended Class Action Complaint.
4848-4734-0548.1

STIPULATION AND [PROP O S E D ] ORD E R RE ANSW E R TO P L A I N T I F F ' S 3RD AMENDED COMPLAINT L Y M B U R N E R V U.S. FINANCIAL CV08-00325 EDL

Case3:08-cv-00325-EDL Document91

Filed08/05/09 Page2 of 3

1 2

IT IS SO STIPULATED. DATED: August 4, 2009 LEE & FIELDS, A.P.C.

3 4 5 By 6 7 8 9 DATED: August 5, 2009 10 11 12 13 14 15 16 [PROPOSED] ORDER 17 Pursuant to the Stipulation of the parties, IT IS HEREBY ORDERED that: 18 1. 19 Amended Class Action Complaint, and that all denials, responses, and affirmative defenses contained 20 in the answer filed by Defendant to the original complaint shall be responsive to the Third Amended 21 Class Action Complaint. 22 23 IT IS SO ORDERED
UNIT ED
S DISTRICT TE C TA

Christopher P. Fields Attorneys for Plaintiff, Dian C. Lymburner

LEWIS BRISBOIS BISGAARD & SMITH L L P

By_______________________________________ Roger S. Raphael Shahram Nassi Attorneys for Defendant, U.S. Financial Funding, Inc.

Defendant U.S. Financial Funding, Inc. shall not be required to answer the Third

24 25 26 27 28
4848-4734-0548.1

RT U O

S

August 6, 2009 Dated: ______________

ER

N

F D IS T IC T O R

-2-

STIPULATION AND [PROP O S E D ] ORD E R RE ANSW E R TO P L A I N T I F F ' S 3RD AMENDED COMPLAINT L Y M B U R N E R V U.S. FINANCIAL CV08-00325 EDL

A

C

LI

________________o_t_____________ re D. L p Hon. Elizabethh D. aLaporte lizabet Judge E Unit ed States District Court Judge
FO
NO

R NIA

IT IS S

O ORD

ERED

RT

H

Case3:08-cv-00325-EDL Document91

Filed08/05/09 Page3 of 3

1 2 3 4

Dian C. Lymburner v. U.S. Financial Funding, Inc. USDC, Northern District, Oakland, Case No. CV 08-0325 EDL Dian C. Lymburner v. U.S. Financial Funding, Inc. USDC, Northern District, Oakland, Case No. CV 08-0325 SBA E-FILING CERTIFICATE OF SERVICE

5 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 [X] 21 22 23 24 25 26 27 28
4848-4734-0548.1

At the time of service, I was over 18 years of age and not a party to the action. My business address is One Sansome Street, Suite 1400, San Francisco, California 94104. On August 5, 2009, I served the following document(s): DEFENDANT U.S. FINANCIAL FUNDING INC.'S STIPULATION AND [PROPOSED] ORDER REGARDING U.S. FINANCIAL FUNDING INC.'S ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT The documents were served by the following means: [X] E-MAIL TRANSMISSION BY THE COURT'S ELECTRONIC FILING SYSTEM TRANSMITTED TO PARTIES IN THIS ACTION. [e-mail] [e-mail] [e-mail] [e-mail], or [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Jeffrey K. Berns David M. Arbogast Christopher Peter Fields Edward Young Lee Paul R. Kiesel Patrick DeBlase Michael C. Eyerly

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDER AL) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on August 5, 2009, at San Francisco, California.

Arleigh Koulax

-3-

STIPULATION AND [PROP O S E D ] ORD E R RE ANSW E R TO P L A I N T I F F ' S 3RD AMENDED COMPLAINT L Y M B U R N E R V U.S. FINANCIAL CV08-00325 EDL