Dugan et al v. Lloyds TSB Bank, PLC
Filing
87
NOTICE RE FURTHER QUESTIONS FOR ORAL ARGUMENT (whalc1, COURT STAFF) (Filed on 1/9/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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Related to:
No. C 12-02937 WHA
Plaintiffs,
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v.
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No. C 12-02549 WHA
JOHN DUGAN, AURORA DUGAN, and
MATTHEW TAPSCOTT, each
individually and on behalf of all others
similarly situated,
NOTICE RE FURTHER
QUESTIONS FOR ORAL
ARGUMENT
LLOYDS TSB BANK, PLC
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Defendant.
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DAVID T. OSMENA and PATRICIA
HOGAN-OSMENA, husband and wife,
and on behalf of all others similarly
situated,
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Plaintiffs,
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/
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v.
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LLOYDS TSB BANK, PLC.
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Defendant.
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(1) With respect to the existing (and proposed) plaintiffs, state whether the loan
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documents call out the law of Hong Kong as governing, and if so, what effect this will have on:
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(i)
the claims alleged and proposed to be alleged; and
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(ii)
the commonality of issues.
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Put differently, if the law of Hong Kong applies, what would be wrong with a nationwide class
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to determine the extent to which, if at all, borrowers in the United States were victimized in
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violation of Hong Kong law.
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(2) Where were the loan documents executed for each existing and proposed plaintiff?
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(3) Wouldn’t all class periods (assuming class certification) be limited by the statute of
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limitations, and if so, what possible statute would go back more than four years? Put differently,
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what is the point of artificially defining a class period to extend back more than four years?
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(4) Each side must bring to oral argument written answers not to exceed two pages.
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Please number the answers to correspond to the numbered questions above. Please do not evade.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: January 9, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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