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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Judge S

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UNITED STATES DISTRICT COURT I S T I C T
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ATTORNEYS AT LAW
SAN FRANCISCO

F ENWICK & W EST LLP

ston

usan Ill

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Attorneys for Defendants
Freedom Financial Network, LLC, Freedom Debt
Relief, Inc. and Freedom Debt Relief, LLC

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DERED

O OR
IT IS S

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S DISTRICT
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KEVIN P. MUCK (CSB NO. 120918)
[e-mail]
CHRISTOPHER J. STESKAL (CSB NO. 212297)
[e-mail]
JENNIFER BRETAN (CSB NO. 233475)
[e-mail]
MARIE C. BAFUS (CSB NO. 258417)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
[phone]

UNIT
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NORTHERN DISTRICT OF CALIFORNIA

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OF

SAN FRANCISCO DIVISION

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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.

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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

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leave to amend;
WHEREAS, the Order was without prejudice to defendants’ right to move to compel to

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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

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defendants’ motion to compel the claims of each of the prior named plaintiffs to arbitration;

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WHEREAS, pursuant to the Order, plaintiffs filed a Third Amended Complaint on

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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

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compel arbitration by October 25, 2011;
WHEREAS, because the Court’s decision on the motion to compel arbitration will likely

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ATTORNEYS AT LAW
SAN FRANCISCO

F ENWICK & W EST LLP

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affect the nature of defendants’ responses to the Third Amended Complaint, and could even

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render such responses unnecessary, all Parties agree that the time to respond to the Third

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Amended Complaint should be set for a reasonable period following the Court’s decision on the

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upcoming motion to compel arbitration;
WHEREAS, in setting the response date, the Parties are not altering the date of any event

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or deadline already fixed by Court Order;
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-1(a), by and between

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the undersigned counsel for the Parties that:

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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;

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respond to the Third Amended Complaint until after the Court has ruled on defendants’ motion to

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compel arbitration; and

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3.

In the event that the defendants’ motion to compel arbitration is denied, defendants

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will respond to the Third Amended Complaint with fifteen (15) days from service of the Court’s

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order.

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STIPULATION SETTING TIME TO RESPOND
TO THIRD AMENDED COMPLAINT

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CASE NO. CV-09-03156 SI

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Dated: October 19, 2011

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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

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By: /s/
Stuart C. Talley

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Attorneys for Plaintiffs

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Dated: October 19, 2011

By: /s/
Kevin P. Muck

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Attorneys for Defendants FREEDOM FINANCIAL
NETWORK, LLC, FREEDOM DEBT RELIEF, INC. and
FREEDOM DEBT RELIEF, LLC

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ATTORNEYS AT LAW
SAN FRANCISCO

F ENWICK & W EST LLP

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Dated: October 19, 2011

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Attorneys for Defendants
BRADFORD STROH and ANDREW HOUSSER

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Dated: October 19, 2011

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GREENSPOON MARDER, P.A.
By: /s/
Rebecca Bratter

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Attorneys for Defendants GLOBAL CLIENT
SOLUTIONS, LLC and ROCKY MOUNTAIN BANK &
TRUST

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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
By: /s/
Allen Ruby

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FENWICK & WEST LLP

Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this
stipulation.

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Dated: October 19, 2011

FENWICK & WEST LLP
By: /s/ Jennifer C. Bretan
Jennifer C. Bretan

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STIPULATION SETTING TIME TO RESPOND
TO THIRD AMENDED COMPLAINT

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CASE NO. CV-09-03156 SI