Gibson et al v. Credit Suisse Securities USA, LLC et al

Filing 311

MEMORANDUM DECISION AND ORDER Plaintiffs' Motion for Leave to File Expedited Five-Page Brief Re: Order to Show Cause Hearing (Docket No. 308 ) is GRANTED. Plaintiffs shall file the requested five-page brief, with such brief due on or before 12/10/12. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO
L.J. GIBSON, BEAU BLIXSETH, AMY KOENIG,
VERN JENNINGS, MARK MUSHKIN,
MONIQUE LEFLEUR, and GRIFFEN
DEVELOPMENT, LLC, JUDY LAND, and
CHARLES DOMINGUEZ, each individually, and
on behalf of others similarly situated

Case No.: CV 10-1-EJL-REB
MEMORANDUM DECISION AND
ORDER RE: PLAINTIFFS’ MOTION
FOR LEAVE TO FILE EXPEDITED
FIVE-PAGE BRIEF RE: ORDER TO
SHOW CAUSE HEARING

Plaintiffs,
(DOCKET NO. 308)
vs.
CREDIT SUISSE AG, a Swiss corporation;
CREDIT SUISSE SECURITIES (USA), LLC, a
Delaware limited liability company, CREDIT
SUISSE FIRST BOSTON, a Delaware limited
liability corporation; CREDIT SUISSE CAYMAN
ISLAND BRANCH, an entity of unknown type;
CUSHMAN & WAKEFIELD, INC., a Delaware
corporation and DOES 1 through 100 inclusive,
Defendants.

Currently pending before the Court is Plaintiffs’ Motion for Leave to File Expedited
Five-Page Brief Re: Order to Show Cause Hearing (Docket No. 308). Having carefully
considered the record and otherwise being fully advised, the Court enters the following
Memorandum Decision and Order:
DISCUSSION
Plaintiffs’ counsel request an opportunity to submit additional briefing to more
specifically address the issues and argument presented during oral argument upon Defendants'
motions for sanctions, which was held on December 5, 2012.
The Motion states that "no pre-hearing briefs were requested by either the Court or the
MEMORANDUM DECISION AND ORDER - 1

parties," but the issues have already been briefed at length in the context of the pending motions
for sanctions. The Motion also seems to suggest that the seriousness of the issues raised in the
motion for sanctions was not fully appreciated by Plaintiffs' counsel until the hearing occurred,
and state in the motion that the "issue before the Court has serious consequences, particularly to
the integrity and reputation of Plaintiffs' attorneys as well as the other considerations articulated
in court." The Court agrees, but also notes that Mr. Flynn, Mr. Sabalos, Mr. John Flood, Mr.
Stillman, and Mr. Chris Flood, all attorneys of record for Plaintiffs, chose not to participate in
the hearing either in person or by telephone.
The Court struggles with any assessment of the pending motions for sanctions that does
not immediately raise significant issues for Plaintiffs requiring a thorough and careful response.
However, it is possible that the seriousness of the issue raised by the motions for sanctions, and
the sanctions requested by Defendants, were not apprehended by Plaintiffs' counsel to the
appropriate degree. Given the implications of the pending motions for all Plaintiffs' counsel, and
for the claims made in the lawsuit, the Court will grant the Motion.
Plaintiffs shall file the requested five-page brief, with such brief due on or before
December 10, 2012. The Court will allow each Defendant to file a five-page response on or
before December 13, 2012. No further briefing or oral argument will be allowed.
ORDER
Based on the foregoing, IT IS HEREBY ORDERED THAT Plaintiffs’ Motion for Leave
to File Expedited Five-Page Brief Re: Order to Show Cause Hearing (Docket No. 308) is
GRANTED. Plaintiffs shall file the requested five-page brief, with such brief due on or before

MEMORANDUM DECISION AND ORDER - 2

December 10, 2012. The Court will allow each Defendant to file a five-page response on or
before December 13, 2012. No further briefing or oral argument will be allowed.
DATED: December 6, 2012

Honorable Ronald E. Bush
U. S. Magistrate Judge

MEMORANDUM DECISION AND ORDER - 3