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

Filing 55

MOTION for Sanctions filed by City of Richmond, California, Gordian Sword LLC, Mortgage Resolution Partners L.L.C., Richmond City Council. Motion Hearing set for 12/13/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 11/22/2013. Replies due by 12/2/2013. (Attachments: # 1 Declaration of Stacey Leyton, # 2 Exhibit A to Leyton Decl, # 3 Exhibit B to Leyton Decl, # 4 Exhibit C to Leyton Decl, # 5 Exhibit D to Leyton Decl, # 6 Proposed Order Prop Order)(Leyton, Stacey) (Filed on 11/8/2013)

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

Plaintiffs,

Case No. CV-13-3664-CRB
DECLARATION OF STACEY M.
LEYTON IN SUPPORT OF MOTION
FOR RULE 11 SANCTIONS
Date: December 13, 2013
Time: 10:00 a.m.
Judge: Honorable Charles R. Breyer
Courtroom 6, 17th Floor

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.
DECLARATION OF STACEY M. LEYTON IN SUPPORT OF MOTION FOR RULE 11 SANCTIONS
Case No. CV-13-3664-CRB

1
2

DECLARATION OF STACEY M. LEYTON
IN SUPPORT OF MOTION FOR RULE 11 SANCTIONS

3 I, Stacey M. Leyton, hereby declare as follows:
4

1. I am a partner at the law firm of Altshuler Berzon LLP, and am one of the attorneys for

5 Defendants in the above-captioned matter. I make this declaration in support of Defendants’
6 motion for Rule 11 sanctions.
7

2. On September 24, 2013, I sent the Rule 11 motion and proposed order to all Plaintiffs’

8 counsel who were at that time listed as lead attorneys to be noticed for Plaintiffs by electronic mail
9 and first-class mail. Attached as Exhibit A to this declaration is my electronic mail to Plaintiffs’
10 counsel on September 24, 2013. Attached as Exhibit B to this declaration is a proof of service that
11 we served on September 24, 2013.
12

3. I sent the Rule 11 motion and proposed order to counsel at the Alston & Bird LLP firm

13 by electronic mail on September 24, 2013 and by first-class mail on September 25, 2013. Attached
14 as Exhibit C to this declaration is a proof of service that we served on September 25, 2013.
15

4. The only changes made to the motion and proposed order before filing them today were

16 to add or modify relevant dates.
17

5. Attached as Exhibit D to this declaration is a letter sent from Scott Kronland at my firm

18 to Plaintiffs’ counsel Bronwyn F. Pollack, as well as to the plaintiffs’ counsel in the Wells Fargo
19 case, on August 13, 2013, requesting dismissal of both the Wells Fargo case and this case as
20 unripe.
21

I declare under penalty of perjury under the laws of the United States that the foregoing is

22 true and correct to the best of my knowledge.
23

Executed this 8th day of November, 2013, at San Francisco, California.

24
25

/s/Stacey M. Leyton
STACEY M. LEYTON

26
27
28
1
DECLARATION OF STACEY M. LEYTON IN SUPPORT OF MOTION FOR RULE 11 SANCTIONS
Case No. CV-13-3664-CRB