Haidee Estrella v. Freedom Financial Network LLC et al

Filing 252


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 HAIDEE ESTRELLA, an individual, and ANGELICA ARITA, an individual, on behalf of themselves and others similarly situated United States District Court For the Northern District of California 10 11 12 13 14 15 16 Plaintiffs, No. CV 09-03156 SI ORDER RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT v. FREEDOM FINANCIAL NETWORK, LLC; FREEDOM DEBT RELIEF, INC.; FREEDOM DEBT RELIEF, LLC; GLOBAL CLIENT SOLUTIONS, LLC; ROCKY MOUNTAIN BANK AND TRUST; ANDREW HOUSSER; and BRADFORD STROH Defendants. / 17 On December 6, 2011, plaintiffs filed a motion for preliminary approval of a class action 18 settlement between plaintiffs and two of the defendants in this case: Global Client Solution, LLC 19 (“Global”) and Rocky Mountain Bank & Trust (“RMBT”). The remaining defendants (the “Freedom 20 Defendants”) filed an opposition to the proposed settlement on December 20, 2011. Plaintiffs, as well 21 as Global and RMBT, filed replies on December 30, 2011. A hearing is scheduled for the motion on 22 January 13, 2012. 23 Scheduled for January 20, 2012 is a hearing on the Freedom Defendants’ separate motion to 24 decertify the current class. See Doc. 233. In the instant moving papers regarding approval of the class 25 settlement, the parties dispute whether the outcome of that motion will affect the proposed settlement 26 27 28 1 between plaintiffs and Global/RMBT.1 Whether or not it does, the Court believes that it will be better 2 informed regarding the merits of the instant motion after it has decided the decertification motion. The 3 Court therefore VACATES the January 13, 2012 hearing. At the January 20, 2012 hearing, the parties 4 may present arguments regarding the proposed settlement if they wish, along with their arguments 5 regarding the decertification motion. Otherwise, the Court will consider the matter submitted on the 6 papers. 7 8 IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 Dated: January 11 , 2011 SUSAN ILLSTON United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 Specifically, the parties dispute the propriety of creating a settlement fund that may be used for litigation against Freedom Defendants in light of a potential decertification order. 2

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