Consumer Financial Protection Bureau v. Nationwide Biweekly Administration, Inc. et al

Filing 196

STIPULATION AND ORDER re 195 shortening time for briefing and hearing on Motion to Withdraw as Attorney. Signed by Judge Richard Seeborg on 3/10/17. (cl, COURT STAFF) (Filed on 3/10/2017)

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ANTHONY ALEXIS (DC Bar #384545)
DEBORAH MORRIS (Admitted to the NY Bar)
MICHAEL G. SALEMI (IL Bar # 6279741)
PATRICK GUSHUE (PA Bar #306966)
JONATHAN URBAN (CO Bar #44190)
STEPHEN JACQUES (DC Bar # 464413)
THOMAS MCCRAY-WORRALL (Admitted to the MD Bar)
ELIZABETH FRANCE (DC Bar # 999851)
[e-mail]
1700 G Street NW
Washington, DC 20552
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
Consumer Financial Protection Bureau
SEAN E. PONIST (CA SBN 204712)
[e-mail]
GEORGIA Z. SCHNEIDER (CA SBN 251358)
[e-mail]
PONIST LAW GROUP, P.C.
12626 High Bluff Dr, Ste 440
San Diego, California 92130
[phone] / [phone]
[phone] (Fax)
Attorneys for Defendants and Counter-Claimant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JOHN D. SMITH (admitted pro hac vice)
JOHN D. SMITH CO., LPA
[e-mail]
140 N. Main Street, Suite B
Springboro, Ohio 45066
Telephone: [phone]
Fax: [phone]

CONSUMER FINANCIAL PROTECTION
BUREAU,
Plaintiff,

Case No. 3:15-cv-02106-RS
JOINT STIPULATION AND
[PROPOSED] ORDER SHORTENING
TIME FOR BRIEFING AND HEARING
ON MOTION FOR WITHDRAWAL OF
SEAN E. PONIST, GEORGIA Z.
SCHNEIDER AND JOHN D. SMITH AS
COUNSEL FOR DEFENDANTS
NATIONWIDE BIWEEKLY
ADMINISTRATION, INC., LOAN
PAYMENT ADMINISTRATION, LLC
AND DANIEL S. LIPSKY

vs.
NATIONWIDE BIWEEKLY
ADMINISTRATION, INC., LOAN PAYMENT
ADMINISTRATION LLC, and DANIEL S.
LIPSKY,
Defendants.

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NATIONWIDE BIWEEKLY
ADMINISTRATION, INC.
Counter-Claimant,
vs.
CONSUMER FINANCIAL PROTECTION
BUREAU,
Counter-Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR WITHDRAWAL
CASE NO. 3:15-CV-02106-RS

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Pursuant to F.R.C.P. 6 and Civil L.R. 6-3 and subject to the Court’s approval, Plaintiff and

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Counter-Defendant Consumer Financial Protection Bureau (“Bureau”) and Defendants and Counter-

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Claimant Nationwide Biweekly Administration, Inc. (“NBA”), Loan Payment Administration LLC

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(“LPA”), and Daniel S. Lipsky (“Defendants”) as well as Defendants’ counsel (collectively, the

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“Parties”) state, stipulate, and agree as follows:

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1.

WHEREAS, defense counsel Sean E. Ponist, Georgia Z. Schneider and John D. Smith

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(collectively “Defense Counsel”) contend that issues and differences have arisen recently in the course of

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the litigation which affect Defense Counsel’s ability to continue to represent Defendants;

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2.

WHEREAS, Defense Counsel contends that these issues and differences have led to a

complete and irreconcilable breakdown in the attorney-client relationship;
3.

WHEREAS, Defense Counsel contends that professional and ethical considerations

require withdrawal;
4.

WHEREAS, Defense Counsel, additionally, contends that Defendants have failed to make

payment for services and will continue to do so going forward;
5.

WHEREAS, Defense Counsel, additionally, contends that they cannot financially afford

to remain as Defense Counsel under these circumstances;

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6.

WHEREAS, trial in this matter is scheduled for April 24, 2017;

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7.

WHEREAS, pursuant to the Civil Local Rules, the Court’s calendar, and the Court’s

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Scheduling Information, the earliest date on which Defense Counsel’s motion to withdraw may be heard

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is April 20, 2017, i.e., two business days before the trial date;

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8.

WHEREAS, John D. Smith has spoken with Daniel Lipsky and on behalf of himself as

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well as his companies, NBA and LPA, and Mr. Lipsky agrees that this issue should be resolved as soon

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as possible and stipulates to Defense Counsel’s motion for withdrawal being heard on shortened time;

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9.

WHEREAS, counsel for the Bureau agrees that this issue should be resolved as soon as

possible and stipulates to Defense Counsel’s motion to withdraw being heard on shortened time;
10.

THEREFORE, the Parties propose, unless the matter may be heard even sooner, the

following schedule:
Defense Counsel files motion to withdraw on March 10, 2017;
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JOINT STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR WITHDRAWAL
CASE NO. 3:15-CV-02106-RS

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Any opposition to the motion be filed on March 16, 2017;

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Any reply in support of the motion be filed on March 20, 2017;

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Hearing on the motion at the pre-trial conference, which is scheduled for March

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23, 2017 at 2:30 p.m.

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IT IS SO STIPULATED AND AGREED:

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Dated: March 10, 2017

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By: /s/ Patrick Gushue

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CONSUMER FINANCIAL PROTECTION BUREAU

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Patrick Gushue, Enforcement Attorney
Jonathan Urban, Enforcement Attorney
Stephen Jacques, Enforcement Attorney
Thomas McCray-Worrall, Enforcement Attorney
Elizabeth France, Enforcement Attorney

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Attorneys for Plaintiff Consumer Financial Protection
Bureau

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By: /s/ Sean E. Ponist
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PONIST LAW GROUP, P.C.
Sean E. Ponist
Georgia Z. Schneider

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By: /s/ John D. Smith
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JOHN D. SMITH CO,, LPA
Attorneys for Defendants Nationwide Biweekly
Administration, Inc., Loan Payment Administration LLC,
and Daniel S. Lipsky and Counter-Claimant Nationwide
Biweekly Administration, Inc.

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JOINT STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR WITHDRAWAL
CASE NO. 3:15-CV-02106-RS

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ECF ATTESTATION

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I Georgia Z. Schneider, am the ECF user whose ID and password are being used to file this

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document. I attest that concurrence in the filing of this document has been obtained from the signatories.

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Dated: March 10, 2017

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By:

/s/ Georgia Z. Schneider
Georgia Z. Schneider

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CERTIFICATE OF SERVICE
On March 10, 2017, I filed the foregoing document with the Court’s CM/ECF filing system,
which will serve all parties and counsel of record in this case.

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By:

/s/ Georgia Z. Schneider
Georgia Z. Schneider

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JOINT STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR WITHDRAWAL
CASE NO. 3:15-CV-02106-RS

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:__________________
3/10/17
________________________________
RICHARD SEEBORG
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR WITHDRAWAL
CASE NO. 3:15-CV-02106-RS