Haidee Estrella v. Freedom Financial Network LLC et al

Filing 255

ORDER Further Case Management Conference set for 2/10/2012 03:00 PM. (tf, COURT STAFF) (Filed on 1/18/2012)

1
2
3
4
5
6
7
8

KEVIN P. MUCK (CSB No. 120918)
[e-mail]
CHRISTOPHER J. STESKAL (CSB No. 212297)
[e-mail]
JENNIFER C. BRETAN (CSB No. 233475)
[e-mail]
MARIE BAFUS (CSB No. 258417)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
415.281.1350
Attorneys for Defendants Freedom Financial Network, LLC,
Freedom Debt Relief, Inc. and Freedom Debt Relief, LLC

9
10

UNITED STATES DISTRICT COURT

11

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13

15

HAIDEE ESTRELLA, ANGELICA ARITA,
DALE MAYS and BEVERLY HALL,
individually and on behalf of themselves and all
others similarly situated, and on behalf of the
general public,

16

Plaintiffs,

14

17
18

Case No. CV-09-03156 SI
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

v.

22

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,

23

Defendants.

19
20
21

24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

CASE NO. CV-09-03156 SI

WHEREAS, on October 5, 2011, the Court issued a Clerk’s Notice scheduling a further

1
2

case management conference for Friday, January 20, 2012 at 3:00 p.m.;
WHEREAS, currently pending before the Court is Defendants Freedom Debt Relief,

3
4

LLC, Freedom Debt Relief, Inc., Freedom Financial Network, LLC, Andrew Housser and Brad

5

Stroh’s (collectively, the “Freedom Defendants”) Motion To Compel Arbitration, Stay Action

6

Pursuant To The Federal Arbitration Act And Decertify Class In Light Of Arbitration, filed

7

October 25, 2011 (Dkt. 233) (the “Freedom Defendants’ Motion”);
WHEREAS, the hearing on the Freedom Defendants’ Motion, originally set for

8
9
10

December 2, 2011, was subsequently rescheduled for January 20, 20, 2011 at 9:00 a.m. (Dkt.
235);
WHEREAS, Plaintiffs have moved for preliminary approval of a settlement agreement

11
12

with Defendants Rocky Mountain Bank & Trust and Global Client Solutions (Dkts. 239, 239-1)

13

and, by Order dated January 11, 2012, the Court vacated the January 13, 2012 hearing on that

14

motion, and ordered any arguments to be made in conjunction with the January 20, 2012 hearing

15

on the Freedom Defendants’ Motion (Dkt. 252);
WHEREAS, the parties respectfully submit that it is therefore in the interest of judicial

16
17

economy and efficiency to continue the January 20, 2012 Case Management Conference to

18

February 10, 2012, a date which will provide time for the Court to render its decisions on the

19

Freedom Defendants’ Motion and on Plaintiffs and Defendants Rocky Mountain Bank & Trust

20

and Global Client Solutions motion for preliminary approval of settlement;
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between

21
22

the undersigned counsel for the Parties that:
1.

23

Pursuant to Civil L.R. 16-2, the Case Management Conference scheduled for

24

January 20, 2012 be vacated and rescheduled to February 10, 2012 at 2:30 p.m.,1 or such other

25

time as the Court shall determine to be appropriate; and
2.

26
27
28

The associated Joint Case Management Statement deadline shall likewise be

1

To accommodate a preexisting scheduling conflict, counsel for Rocky Mountain Bank & Trust
and Global Client Solutions will make arrangements to appear telephonically.

STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

1

CASE NO. CV-09-03156 SI

1

deferred for submission consistent with Civil L.R. 16-10(d).

2

Dated: January 12, 2012

3
4
5

By: /s/ Stuart C. Talley______________________
Stuart C. Talley

6

Attorneys for Plaintiffs

7
8

Dated: January 12, 2012

9

FENWICK & WEST LLP
By: /s/ Kevin P. Muck_____________________
Kevin P. Muck

10
11

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

12
13
14

KERSHAW, CUTTER, & RATINOFF LLP
CLARK & MARKHAM LLP
LAW OFFICES OF BARRON E. RAMOS
CHARLES E. AMES, P.C.
THE CROSLEY LAW FIRM, P.C.

Dated: January 12, 2012

LAW OFFICES OF ALLEN RUBY
By: /s/ Allen Ruby______________________
Allen Ruby

15
16

Attorneys for Defendants
BRADFORD STROH and ANDREW HOUSSER

17
18
Dated: January 12, 2012

GREENSPOON MARDER, P.A.

19
By: /s/ Richard W. Epstein_________________
Richard W. Epstein

20
21

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

22
23
24

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

25 Dated: January 12, 2012

FENWICK & WEST LLP

26

By: /s/ Jennifer C. Bretan
Jennifer C. Bretan

27
28
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

2

CASE NO. CV-09-03156 SI

[PROPOSED] ORDER

1
2

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:

4

Pursuant to Civil L.R. 16-2, the Case Management Conference scheduled for
3
January 20, 2012 be vacated and rescheduled to February 10, 2012 at 2:30 p.m., or such other

5

time as the Court shall determine to be appropriate; and

3

1.

2.

6
7

The associated Joint Case Management Statement deadline shall likewise be

deferred for submission consistent with Civil L.R. 16-10(d).

8
9

Dated:

1/18/12
Hon. Susan Illston
United States District Court Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

CASE NO. CV-09-03156 SI