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Lymburner v. U.S. Financial Funding

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, ...


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