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Estrella v. Freedom Fin. Network, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
Case No. 09-03156 SI (N.D. Cal. Nov. 14, 2011)

Opinion

Case No. 09-03156 SI

11-14-2011

HAIDEE ESTRELLA, ANGELICA ARITA, DALE MAYS, and BEVERLY HALL, individually and on behalf of themselves and all others similarly situated, and on behalf of the general public, Plaintiffs, v. FREEDOM FINANCIAL NETWORK, LLC, a Delaware limited liability company; FREEDOM DEBT RELIEF, INC., a California corporation; FREEDOM DEBT RELIEF, LLC, a Delaware limited liability company; GLOBAL CLIENT SOLUTIONS, LLC; ROCKY MOUNTAIN BANK AND TRUST; ANDREW HOUSSER; and BRADFORD STROH and DOES 1 through 100, Defendants.

FENWICK & WEST LLP Kevin P. Muck Attorneys for Defendants Freedom Financial Network, LLC, Freedom Debt Relief, Inc. and Freedom Debt Relief, LLC SKADDEN, ARPS, SLATE, MEAGHER & FLOM Allen Ruby Attorneys for Defendants Andrew Housser and Bradford Stroh KERSHAW, CUTTER & RATINOFF LLP Stuart C. Talley CLARK & MARKHAM LLP David R. Markham R. Craig Clark James M. Treglio LAW OFFiCES OF BARRON E. RAMOS HESS-VERDON & ASSOCIATES, A PLC CHARLES E. AMES, P.C. Charles E. Ames (Pro Hac Vice) THE CROSLEY LAW FIRM, PC. Thomas A. Crosley (Pro Hac Vice) Attorneys For The Plaintiffs


KERSHAW, CUTTER & RATINOFF, LLP

Stuart C. Talley (State Bar No. 180374)

[Additional Counsel Listed on Signature Page]

Attorneys for Plaintiffs and the Class

STIPULATION TO CHANGE

BRIEFING SCHEDULE RELATING TO

DEFENDANTS' MOTION TO COMPEL

ARBITRATION, STAY ACTION

PURSUANT TO THE FEDERAL

ARBITRATION ACT AND

DECERTIFY CLASS IN LIGHT OF

ARBITRATION; DECLARATION OF

STUART C. TALLEY IN SUPPORT

THEREOF


[N.D. Cal. L.R. 6-2]

By and through their respective counsel of record, the parties stipulate and agree as follows: 1. Defendants, Freedom Financial Network, LLC, Freedome Debt Relief, Inc., Freedome Debt Relief, LLC, Andrew Housser, and Bradford Stroh ("Defendants"), filed their Motion to Compel Arbitration, Stay Action Pursuant to the Federal Arbitration Act and Decertify Class in Light of Arbitration on October 25, 2011 [Dkt. No. 233], setting the hearing for December

2, 2011. Plaintiffs requested that the hearing date be moved and, on November 7, 2011, a Notice of Continuation of Hearing [Dkt. No. 235] was filed re-setting the hearing for January 20, 2012. On November 8, 2011, the Court moved the hearing on Defendants' motion to January 20, 2012.

2. Plaintiffs have now asked for the briefing schedule to be modified as well. The parties have met and conferred and propose the following changes to the above briefing schedule:

November 18, 2011: Opposition papers due.
December 9, 2011: Reply papers due.

3. Pursuant to N.D. Cal. Local R. 6-1(b) and 6-2, the parties seek approval of this stipulated request for an order changing time, as the agreements set forth in paragraph 2 affect dates involving papers required to be filed with the Court.

FENWICK & WEST LLP

Kevin P. Muck

Attorneys for Defendants Freedom Financial Network, LLC, Freedom Debt Relief, Inc. and

Freedom Debt Relief, LLC

SKADDEN, ARPS, SLATE, MEAGHER & FLOM

Allen Ruby

Attorneys for Defendants

Andrew Housser and Bradford Stroh

KERSHAW, CUTTER & RATINOFF LLP

Stuart C. Talley

CLARK & MARKHAM LLP David R. Markham

R. Craig Clark

James M. Treglio

LAW OFFiCES OF BARRON E. RAMOS

HESS-VERDON & ASSOCIATES, A PLC

CHARLES E. AMES, P.C.

Charles E. Ames (Pro Hac Vice)

THE CROSLEY LAW FIRM, PC.

Thomas A. Crosley (Pro Hac Vice)

Attorneys For The Plaintiffs

General Order 45, § X Certification

The filing attorney hereby certifies that concurrence in the filing of the document has been obtained from each of the other signatories, in full accordance with N.D. Cal Gen. Ord. 45, § X(B).

DECLARATION OF STUART C. TALLEY

I, Stuart C. Talley, declare and state as follows:

1. I am an attorney duly licensed to practice before this Court, and am partner with KERSHAW, CUTTER & RATINOFF LLP, co-counsel for plaintiffs in the above-entitled action. The matters referred to in this Declaration are based upon my best personal knowledge and belief, and if called and sworn as a witness, I could and would competently testify as to each of them.

2. Defendants filed their Motion to Compel Arbitration, Stay Action Pursuant to the Federal Arbitration Act and Decertify Class in Light of Arbitration on October 25, 2011 [Dkt. No. 233], setting the hearing for December 2, 2011.

3. I requested that Defendants move the hearing and, on November 7, 2011, Defendants filed a Notice of Continuation of Hearing [Dkt. No. 235] re-setting the hearing for January 20, 2012. On November 8, 2011, the Court entered Docket Text moving the hearing on Defendants' motion to January 20, 2012.

3. I also requested for the briefing schedule to be modified. The parties have met and conferred and propose that Plaintiffs' opposition be filed by November 18, 2011 and Defendants' reply briefs be filed by December 9, 2011.

5. Pursuant to N.D. Cal. Local R. 6-1(b) and 6-2, the parties seek approval of this stipulated request for an order changing time, as the agreements set forth in paragraph 3 affect dates involving papers required to be filed with the Court.

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

Executed this 8th day of November 2011 at Sacramento, California.

STUART C. TALLEY

ORDER

For good cause shown, the Court hereby enters the Stipulation set forth above as the Order of the Court. The schedule in this case is hereby modified as follows:

a. Plaintiffs will have until November 18, 2011 to file their opposition brief to Motion to Compel Arbitration, Stay Action Pursuant to the Federal Arbitration Act and Decertify Class in Light of Arbitration [Dkt. No. 233]; and
b. Defendants will have until December 9, 2011 to file their reply brief to Motion to Compel Arbitration, Stay Action Pursuant to the Federal Arbitration Act and Decertify Class in Light of Arbitration [Dkt. No. 233].

IT IS SO ORDERED

HONORABLE SUSAN ILLSTON


Summaries of

Estrella v. Freedom Fin. Network, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
Case No. 09-03156 SI (N.D. Cal. Nov. 14, 2011)
Case details for

Estrella v. Freedom Fin. Network, LLC

Case Details

Full title:HAIDEE ESTRELLA, ANGELICA ARITA, DALE MAYS, and BEVERLY HALL, individually…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 14, 2011

Citations

Case No. 09-03156 SI (N.D. Cal. Nov. 14, 2011)