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Jordan v. Paul Financial

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 11, 2008

GREGORY M. JORDAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
PAUL FINANCIAL, LLC AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Susan Illston

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ADR COMPLETION DATE

Complaint Filed: August 30, 2007

Trial Date: Not set yet

STIPULATION

WHEREAS, on February 25, 2008, Plaintiff served his First Set of Special Interrogatories and First Set of Requests for Production of Documents upon Defendant, Paul Financial, LLC. Included with these sets of Discovery, Plaintiff provided counsel with a draft Stipulated Proposed Protective Order;

WHEREAS, on March 31, 2008, Defendant Paul Financial LLC served its responses to the above-referenced discovery. In its responses, Defendant named the subsequent purchaser and/or assignees of named Plaintiff's loan that is the subject of this action.

WHEREAS, counsel for both parties have exchanged several drafts of the proposed protective order, and are still in the process of meeting and conferring concerning the draft Proposed Protective Order.

WHEREAS, counsel for Plaintiff has reviewed the above referenced discovery responses provided by Defendant and Plaintiff intends on meeting and conferring over the adequacy of said responses forthwith.

WHEREAS, counsel for Plaintiff, David M. Arbogast, Esq. and Jeffrey K. Berns, Esq., are in the process of forming a partnership, Arbogast & Berns LLP. Messrs. Arbogast and Berns have submitted the necessary paperwork with the Secretary of the State of California and are awaiting confirmation and registration of their new partnership. Once the registration with the Secretary of State is completed and all other paperwork is completed, Messrs. Arbogast and Berns will be filing the appropriate Notice of Firm changes and Notices of Appearances with the Court. This process and the above referenced Notices are expected to be filed and served by Friday, April 18, 2008.

WHEREAS, David M. Arbogast, Esq. is and has been the attorney primarily responsible for the handling of this case for Plaintiff.

WHEREAS, as a result of counsel David M. Arbogast's firm change, and the ongoing meet and confer efforts concerning discovery referenced above, counsel for the parties have agreed, with the Court's permission, to continue the Case Management Conference set for Friday, April 18, 2008 at 10:30 a.m. to May 2, 2008 at 2:30 p.m.

WHEREAS, the Last Day for ADR completion is currently set for May 22, 2008.

WHEREAS, Plaintiff intends on naming the subsequent purchaser and/or subsequent assignee of the loans identified by Defendant in response to Plaintiff's discovery discussed above.

WHEREAS, counsel have agreed, with the Court's permission, to extend the Last Day for ADR completion to July 25, 2008.

IT IS THEREFORE STIPULATED by and between Plaintiff and Defendant that, should the Court's schedule permit, the April 18, 2008 status conference be continued until May 2, 2008 and that the Last Day for ADR completion be continued to July 25, 2008.

IT IS SO STIPULATED:

Respectfully submitted, GREGORY M. JORDAN, By her attorneys,

PAUL FINANCIAL LLC, By its attorneys,

[PROPOSED] ORDER

Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED that:

1. The Case Management Conference currently set for April 18, 2008 is continued to Friday, May 2, 2008 at 2:30 p.m.;

2. The Last Date for ADR completion currently set for May 22, 2008 is continued to July 25, 2008.

IT IS SO ORDERED

20080411

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