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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