Haidee Estrella v. Freedom Financial Network LLC et al

Filing 148

ORDER amending class definition (tf, COURT STAFF) (Filed on 10/27/2010)

Haidee Estrella v. Freedom Financial Network LLC et al

Doc. 148

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KERSHAW, CUTTER & RATINOFF, LLP Stuart C. Talley (State Bar No. 180374) Email: [e-mail] 401 Watt Avenue Sacramento, California 95864 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Class [Additional Counsel Listed on Signature Page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) FREEDOM FINANCIAL NETWORK, LLC, a Delaware limited liability company; FREEDOM ) ) DEBT RELIEF, INC., a California corporation; ) FREEDOM DEBT RELIEF, LLC, a Delaware ) limited liability company; GLOBAL CLIENT ) SOLUTIONS, LLC; ROCKY MOUNTAIN BANK AND TRUST; ANDREW HOUSSER; and ) BRADFORD STROH and DOES 1 through 100, ) ) ) Defendants. ) HAIDEE ESTRELLA, an individual, and ANGELICA ARITA, an individual, on behalf of themselves and all others similarly situated, and on behalf of the general public, Case No. 09-03156 SI STIPULATION AND [PROPOSED] ORDER TO AMEND CLASS DEFINITION

WHEREAS, on June 2, 2010, the Court granted plaintiffs' Motion for Class Certification certifying a class defined as: "All consumers nationwide who paid FDR for debt reduction services during the four years preceding filing of the complaint, who opened an SPA with RMBT and GCS, and who did not receive a full refund of fees from FDR. The class will exclude all defendants and all agents, attorneys, and employees of defendants; all members of the California judiciary sitting in judgment on this case; and plaintiffs' attorneys and their employees; and, all other persons within three degrees of consanguinity of the named defendants, attorneys, employees and judges."

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Stipulation and Proposed Order to Amend Class Definition CASE NO. 09-03156 SI
Dockets.Justia.com

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WHEREAS, on March 26, 2010 in a related proceeding pending in the Eastern District of Washington entitled Carlsen v. Freedom Debt Relief, LLC et al. Case No. 2:09-cv-0055-LRS, a court certified a class consisting of residents of the State of Washington who executed a Debt Reduction Agreement with Freedom Debt Relief, LLC and/or Freedom Financial Network, LLC; and WHEREAS, as a result of the Carlsen class certification decision, plaintiffs' motion for Class Certification in this action expressly excluded residents of the State of Washington from the proposed class; IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES THAT the definition of the class certified by the court be amended as follows: "All consumers nationwide who paid FDR for debt reduction services during the four years preceding filing of the complaint, who opened an SPA with RMBT and GCS, and who did not receive a full refund of fees from FDR. Residents of the State of Washington are excluded from the class. The class will also exclude all defendants and all agents, attorneys, and employees of defendants; all members of the California judiciary sitting in judgment on this case; and plaintiffs' attorneys and their employees; and, all other persons within three degrees of consanguinity of the named defendants, attorneys, employees and judges." Dated: October 25, 2010. By: FENWICK & WEST LLP /s/ Jennifer Bretan Jennifer Bretan 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Attorneys for Defendants Freedom Financial Network, LLC, Freedom Debt Relief, Inc. and Freedom Debt Relief, LLC LAW OFFICES OF ALLEN RUBY By: /s/ Allen Ruby Allen Ruby 125 South Market Street, Suite 1001 San Jose, California 95113 Telephone: [phone] Attorneys for Defendants Andrew Housser and Bradford Stroh

Dated: October 25, 2010.

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Stipulation and Proposed Order to Amend Class Definition CASE NO. 09-03156 SI

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Dated: October 25, 2010. By:

GREENSPOON MARDER, P.A. /s/ Richard W. Epstein Richard W. Epstein Trade Centre South, Suite 700 100 W. Cypress Creek Road, Suite 700 Ft. Lauderdale, FL 33309 Telephone: [phone] Attorneys for Defendants Global Client Solutions, LLC & Rocky Mountain Bank and Trust KERSHAW, CUTTER & RATINOFF LLP By: /s/ Stuart C. Talley Stuart C. Talley 401 Watt Avenue Sacramento, California 95864 Telephone: [phone] CLARK & MARKHAM LLP David R. Markham R. Craig Clark James M. Treglio 600 "B" Street, Suite 2130 San Diego, CA 92101 Telephone: [phone] LAW OFFICES OF BARRON E. RAMOS Attorney at Law, A Professional Corporation Barron E. Ramos 132 N. El Camino Real, # 303 Encinitas, CA 92024 Telephone: [phone] CHARLES E. AMES, P.C. Charles E. Ames (Pro Hac Vice) 2712 Timberleaf Drive Carrollton, TX 75006-2103 Telephone: [phone] THE CROSLEY LAW FIRM, P.C. Thomas A. Crosley (Pro Hac Vice) McCombs Plaza, Suite 250 755 E. Mulberry San Antonio, TX 78212 Telephone: [phone] Attorneys For The Plaintiffs

Dated: October 25, 2010. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this stipulation. Dated: October 25, 2010 /s/ Stuart :C. Talley
StuartC. Talley

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Stipulation and Proposed Order to Amend Class Definition CASE NO. 09-03156 SI

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 Dated: _____________________

[PROPOSED] ORDER IT IS HEREBY ORDERED.

_______________________________ Hon. Susan Illston U.S. DISTRICT COURT JUDGE

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Stipulation and Proposed Order to Amend Class Definition CASE NO. 09-03156 SI