Bank of New York Mellon v. City of Richmond, California et al

Filing 32

Declaration of Eric P. Brown in Support of 31 Reply to Opposition/Response, filed byCity of Richmond, California, Gordian Sword LLC, Mortgage Resolution Partners L.L.C., Richmond City Council. (Related document(s) 31 ) (Leyton, Stacey) (Filed on 9/25/2013)

1 STEPHEN P. BERZON (SBN 46540)
SCOTT A. KRONLAND (SBN 171693)
2 STACEY M. LEYTON (SBN 203827)
ERIC P. BROWN (SBN 284245)
3
Altshuler Berzon LLP
4 177 Post Street, Suite 300
San Francisco, CA 94108
5 Tel: [phone]
Fax: [phone]
6 E-mail: [e-mail]
Attorneys for Defendants City of Richmond, Richmond
7
City Council, Mortgage Resolution Partners LLC and
8 Gordian Sword LLC
WILLIAM A. FALIK (SBN 53499)
9 BRUCE REED GOODMILLER (SBN 121491)
City Attorney
100 Tunnel Rd
10 CARLOS A. PRIVAT (SBN 197534)
Berkeley, CA 94705
Assistant City Attorney
Tel: [phone]
11 CITY OF RICHMOND
Fax: [phone]
450 Civic Center Plaza
E-mail: [e-mail]
12
Richmond, CA 94804
Attorney for Defendants
Mortgage Resolution Partners LLC
13 Telephone: [phone]
Facsimile: [phone]
and Gordian Sword LLC
14 E-mail: [e-mail]
Attorneys for Defendants City of Richmond and
15
Richmond City Council
16
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
17
18 THE BANK OF NEW YORK MELLON (f/k/a The
Bank of New York) and THE BANK OF NEW
19 YORK MELLON TRUST COMPANY, N.A. (f/k/a
The Bank of New York Trust Company, N.A.), as
20 Trustees; U.S. BANK NATIONAL ASSOCIATION,
21 as Trustee; and WILMINGTON TRUST COMPANY
and WILMINGTON TRUST, NATIONAL
22 ASSOCIATION, as Trustees,
23
24

Case No. CV-13-3664-CRB
REPLY DECLARATION OF ERIC P.
BROWN IN SUPPORT OF EX PARTE
APPLICATION
Honorable Charles R. Breyer

Plaintiffs,
v.

CITY OF RICHMOND, CALIFORNIA, a
25 municipality; RICHMOND CITY COUNCIL;
26 MORTGAGE RESOLUTION PARTNERS LLC, a
Delaware limited liability company; and
27 GORDIAN SWORD LLC, a Delaware limited
liability company,
28
Defendants.
REPLY DECLARATION OF ERIC P. BROWN IN SUPPORT OF EX PARTE MOTION
Case No. CV-13-3664-CRB

1

REPLY DECLARATION OF ERIC P. BROWN

2

IN SUPPORT OF EX PARTE APPLICATION

3 I, Eric P. Brown, hereby declare as follows:
4

1.

I am an attorney at Altshuler Berzon LLP and represent Defendants in this case. I

5 also represent the defendants in the related case Wells Fargo Bank v. City of Richmond, Case No.
6 CV-13-3663-CRB.
7

2.

As my previous declaration (Doc. 29-1) explained, on September 12, 2013,

8 following the hearing on the motion to dismiss in the Wells Fargo case, I asked Plaintiffs to agree
9 that if the Court dismissed the Wells Fargo case they would voluntarily dismiss their complaint in
10 the instant case within 24 hours so that it would be unnecessary for Defendants to file a motion to
11 dismiss (which would otherwise be due on September 16, 2013).
12

3.

After Plaintiffs’ counsel told me over the phone that they would not agree to dismiss

13 their case but suggested that an extension of time to respond to the complaint would be appropriate,
14 I asked for a two-day extension to permit Defendants to take into account the ruling expected in
15 Wells Fargo in drafting the motion to dismiss.
16

4.

Plaintiffs’ counsel subsequently stated that they had not yet determined whether

17 they would be willing or unwilling to dismiss or take any other action based on the anticipated
18 order in Wells Fargo and proposed a 15-day extension for Defendants’ responsive pleading, noting
19 that this would not prevent Defendants from filing earlier. Defendants agreed, although
20 Defendants had not requested such a lengthy extension.
21

5.

After this Court dismissed Wells Fargo without leave to amend, Defendants

22 renewed the request that Plaintiffs agree to dismissal. Plaintiffs promised a response by later in the
23 week. Defendants filed the motion to dismiss within hours of Plaintiffs’ response that they would
24 not agree to dismissal or to shortened time.
25

I declare under penalty of perjury that the foregoing is true and correct.

26 Dated: September 25, 2013
27
28

Respectfully submitted,
/s/ Eric P. Brown
Eric P. Brown

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REPLY DECLARATION OF ERIC P. BROWN IN SUPPORT OF EX PARTE MOTION
Case No. CV-13-3664-CRB

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Stephen P. Berzon
Scott A. Kronland
Stacey M. Leyton
Eric P. Brown
Altshuler Berzon LLP
Attorneys for Defendants
City of Richmond and
Mortgage Resolution Partners LLC

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7
8
9

Bruce Reed Goodmiller
Carlos A. Privat
City of Richmond
Attorneys for Defendant City of Richmond

10

William A. Falik

11

Attorney for Defendant
Mortgage Resolution Partners LLC

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REPLY DECLARATION OF ERIC P. BROWN IN SUPPORT OF EX PARTE MOTION
Case No. CV-13-3664-CRB