Haidee Estrella v. Freedom Financial Network LLC et al

Filing 260

ORDER granting 259 Stipulation signed by SI on 2/6/12(tfS, COURT STAFF) (Filed on 2/6/2012)

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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

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

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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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,

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Plaintiffs,

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

v.

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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,

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Defendants.

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND EXTENDING CERTAIN
DEADLINES

CASE NO. CV-09-03156 SI

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WHEREAS, by Order of January 18, 2012, and in light of the then-upcoming hearing on

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Defendants Freedom Debt Relief, LLC, Freedom Debt Relief, Inc., Freedom Financial Network,

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LLC, Andrew Housser and Brad Stroh’s (collectively, the “Freedom Defendants”) Motion To

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Compel Arbitration, Stay Action Pursuant To The Federal Arbitration Act And Decertify Class In

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Light Of Arbitration, filed October 25, 2011 (Dkt. 233) (the “Freedom Defendants’ Motion”), the

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Court continued the further case management conference in this matter to February 10, 2012 at

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3:00 p.m.;
WHEREAS, by Order of January 24, 2012 the Court granted the Freedom Defendants

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Motion (Dkt. 257) and ordered the parties to submit to the Court by February 8, 2012 a joint

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proposal detailing how notice of the Order will be issued to members of the previously certified

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class;
WHEREAS, Plaintiffs and the Freedom Defendants have subsequently agreed to a further

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settlement conference with Magistrate Judge Joseph C. Spero, set for February 14, 2012 at 9:00

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a.m., the results of which could affect both the nature and form of the proposed notice and the

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matters to be addressed at the further case management conference; and
WHEREAS, the parties respectfully submit that it is therefore in the interest of judicial

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economy and efficiency to continue the February 10, 2012 Case Management Conference to

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March 2, 2012, at which time Plaintiffs and the Freedom Defendants will have participated in the

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further settlement conference.
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between

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the undersigned counsel for the Parties that:
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Pursuant to Civil L.R. 16-2, the Case Management Conference scheduled for

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February 10, 2012 be vacated and rescheduled to March 2, 2012 at 3:00 p.m.,1 or such other time

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

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The associated Joint Case Management Statement deadline shall be deferred for

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

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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 CMC AND EXTENDING
CERTAIN DEADLINES

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CASE NO. CV-09-03156 SI

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3.

The time for the parties to submit to the Court a joint proposal detailing how notice

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of the January 24, 2012 Order will be issued to members of the previously certified class shall be

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extended to February 28, 2012.

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Dated: February 3, 2012

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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.

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

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Attorneys for Plaintiffs

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Dated: February 3, 2012

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

Dated: February 3, 2012

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

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Attorneys for Defendants
BRADFORD STROH and ANDREW HOUSSER

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Dated: February 3, 2012

GREENSPOON MARDER, P.A.

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

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

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Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this
stipulation.
Dated: February 3, 2012

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

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND EXTENDING
CERTAIN DEADLINES

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CASE NO. CV-09-03156 SI

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:
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Pursuant to Civil L.R. 16-2, the Case Management Conference scheduled for

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February 10, 2012 be vacated and rescheduled to March 2, 2012 at 3:00 p.m., or such other time

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as the Court shall determine to be appropriate; and
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submission consistent with Civil L.R. 16-10(d); and
3.

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The associated Joint Case Management Statement deadline shall be deferred for

The time for the parties to submit to the Court a joint proposal detailing how notice

of the Court’s January 24, 2012 Order will be issued to members of the previously certified class
shall be extended to February 28, 2012.

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Dated:

2/6/12
Hon. Susan Illston
United States District Court Judge

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ORDER CONTINUING CMC AND EXTENDING
CERTAIN DEADLINES

CASE NO. CV-09-03156 SI