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Lymburner v. U.S. Financial Funding

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco)


August 6, 2009

DIAN C. LYMBURNER, INDIVIDUALLY, AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
U.S. FINANCIAL FUNDING, INC., A CALIFORNIA CORPORATION, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Elizabeth D. Laporte Judge

STIPULATION AND [PROPOSED] ORDER REGARDING U.S. FINANCIAL FUNDING INC.'S ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT

WHEREAS, on July 15, 2009, Plaintiff filed a Third Amended Class Action Complaint;

WHEREAS, Plaintiff and Defendant U.S. Financial Funding, Inc., have agreed that Defendant shall not be required to answer the Third Amended Class Action Complaint, and that all denials, responses, and affirmative defenses contained in the answer filed by Defendant to the original complaint shall be responsive to the Third Amended Class Action Complaint;

IT IS HEREBY AGREED AND STIPULATED by and among the parties, through their respective counsel, that:

1. Defendant U.S. Financial Funding, Inc. shall not be required to answer the Third Amended Class Action Complaint, and that all denials, responses, and affirmative defenses contained in the answer filed by Defendant to the original complaint shall be responsive to the Third Amended Class Action Complaint.

IT IS SO STIPULATED.

DATED: August 4, 2009 LEE & FIELDS, A.P.C. By Christopher P. Fields Attorneys for Plaintiff, Dian C. Lymburner

DATED: August 5, 2009 LEWIS BRISBOIS BISGAARD & SMITH LLP

By Roger S. Raphael Shahram Nassi Attorneys for Defendant, U.S. Financial Funding, Inc.

Pursuant to the Stipulation of the parties, IT IS HEREBY ORDERED that:

1. Defendant U.S. Financial Funding, Inc. shall not be required to answer the Third Amended Class Action Complaint, and that all denials, responses, and affirmative defenses contained in the answer filed by Defendant to the original complaint shall be responsive to the Third Amended Class Action Complaint.

IT IS SO ORDERED

Dian C. Lymburner v. U.S. Financial Funding, Inc. USDC, Northern District, Oakland, Case No. CV 08-0325 EDL Dian C. Lymburner v. U.S. Financial Funding, Inc. USDC, Northern District, Oakland, Case No. CV 08-0325 SBA

E-FILING CERTIFICATE OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

At the time of service, I was over 18 years of age and not a party to the action. My business address is One Sansome Street, Suite 1400, San Francisco, California 94104.

On August 5, 2009, I served the following document(s):

DEFENDANT U.S. FINANCIAL FUNDING INC.'S STIPULATION AND [PROPOSED] ORDER REGARDING U.S. FINANCIAL FUNDING INC.'S ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT

The documents were served by the following means:

[X] E-MAIL TRANSMISSION BY THE COURT'S ELECTRONIC FILING SYSTEM TRANSMITTED TO PARTIES IN THIS ACTION.

Jeffrey K. Berns jberns@jeffbernslaw.com David M. Arbogast darbogast@law111.com Christopher Peter Fields chrisfields@leefieldslaw.com Edward Young Lee Edlee@leefields.com, or Efields43@yahoo.com Paul R. Kiesel Kiesel@kbla.com Patrick DeBlase deblase@kbla.com Michael C. Eyerly eyerly@kbla.com Cgarcia@kbla.com

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

[X] (FEDERAL) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made.

Executed on August 5, 2009, at San Francisco, California. Arleigh Koulax

20090806

© 1992-2009 VersusLaw Inc.



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