Haidee Estrella v. Freedom Financial Network LLC et al

Filing 232

ORDER re: 3rd amended complaint (tf, COURT STAFF) (Filed on 10/24/2011)

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8 Judge S RT 10 H ER 11 N D UNITED STATES DISTRICT COURT I S T I C T R 12 ATTORNEYS AT LAW SAN FRANCISCO F ENWICK & W EST LLP ston usan Ill NO 9 Attorneys for Defendants Freedom Financial Network, LLC, Freedom Debt Relief, Inc. and Freedom Debt Relief, LLC R NIA 7 DERED O OR IT IS S FO 6 RT U O 5 S DISTRICT TE C TA LI 4 A 3 S 2 KEVIN P. MUCK (CSB NO. 120918) kmuck@fenwick.com CHRISTOPHER J. STESKAL (CSB NO. 212297) csteskal@fenwick.com JENNIFER BRETAN (CSB NO. 233475) jbretan@fenwick.com MARIE C. BAFUS (CSB NO. 258417) mbafus@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 UNIT ED 1 C NORTHERN DISTRICT OF CALIFORNIA 13 OF SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 23 24 HAIDEE ESTRELLA, ANGELICA ARITA, DALE MAYS and BEVERLY HALL, an individually and on behalf of themselves and all others similarly situated, and on behalf of the general public, Case No. CV-09-03156 SI STIPULATION SETTING TIME TO RESPOND TO THIRD AMENDED COMPLAINT 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. 25 26 27 28 STIPULATION SETTING TIME TO RESPOND TO THIRD AMENDED COMPLAINT CASE NO. CV-09-03156 SI WHEREAS, on October 3, 2011, the Court issued an order (“Order”) granting plaintiffs 1 2 leave to amend; WHEREAS, the Order was without prejudice to defendants’ right to move to compel to 3 4 arbitration the claims of newly added plaintiffs, Ms. Mays and Ms. Hall; WHEREAS, the Order did not affect the Court’s prior order of July 5, 2011, granting 5 6 defendants’ motion to compel the claims of each of the prior named plaintiffs to arbitration; 7 WHEREAS, pursuant to the Order, plaintiffs filed a Third Amended Complaint on 8 October 7, 2011, and a response is due October 24, 2011 under Fed. R. Civ. P. 6(d) and 15(a)(3); WHEREAS, as contemplated by the Order, certain defendants will be filing a motion to 9 10 compel arbitration by October 25, 2011; WHEREAS, because the Court’s decision on the motion to compel arbitration will likely 11 ATTORNEYS AT LAW SAN FRANCISCO F ENWICK & W EST LLP 12 affect the nature of defendants’ responses to the Third Amended Complaint, and could even 13 render such responses unnecessary, all Parties agree that the time to respond to the Third 14 Amended Complaint should be set for a reasonable period following the Court’s decision on the 15 upcoming motion to compel arbitration; WHEREAS, in setting the response date, the Parties are not altering the date of any event 16 17 or deadline already fixed by Court Order; IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-1(a), by and between 18 19 the undersigned counsel for the Parties that: 20 21 1. Any motion to compel arbitration by defendants shall be filed by October 25, 2. Pursuant to Civil L.R. 6-1(a), defendants need not answer, move or otherwise 2011; 22 23 respond to the Third Amended Complaint until after the Court has ruled on defendants’ motion to 24 compel arbitration; and 25 3. In the event that the defendants’ motion to compel arbitration is denied, defendants 26 will respond to the Third Amended Complaint with fifteen (15) days from service of the Court’s 27 order. 28 STIPULATION SETTING TIME TO RESPOND TO THIRD AMENDED COMPLAINT 2 CASE NO. CV-09-03156 SI 1 Dated: October 19, 2011 2 3 KERSHAW, CUTTER, & RATINOFF LLP CLARK & MARKHAM LLP LAW OFFICES OF BARRON E. RAMOS CHARLES E. AMES, P.C. THE CROSLEY LAW FIRM, P.C. WEXLER WALLACE LLP 4 By: /s/ Stuart C. Talley 5 6 Attorneys for Plaintiffs 7 8 Dated: October 19, 2011 By: /s/ Kevin P. Muck 9 10 Attorneys for Defendants FREEDOM FINANCIAL NETWORK, LLC, FREEDOM DEBT RELIEF, INC. and FREEDOM DEBT RELIEF, LLC 11 ATTORNEYS AT LAW SAN FRANCISCO F ENWICK & W EST LLP 12 13 Dated: October 19, 2011 15 Attorneys for Defendants BRADFORD STROH and ANDREW HOUSSER 16 Dated: October 19, 2011 18 GREENSPOON MARDER, P.A. By: /s/ Rebecca Bratter 19 Attorneys for Defendants GLOBAL CLIENT SOLUTIONS, LLC and ROCKY MOUNTAIN BANK & TRUST 20 21 22 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP By: /s/ Allen Ruby 14 17 FENWICK & WEST LLP Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this stipulation. 23 24 Dated: October 19, 2011 FENWICK & WEST LLP By: /s/ Jennifer C. Bretan Jennifer C. Bretan 25 26 27 28 STIPULATION SETTING TIME TO RESPOND TO THIRD AMENDED COMPLAINT 3 CASE NO. CV-09-03156 SI

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