UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 19, 2011
HAIDEE ESTRELLA, ANGELICA ARITA, DALE MAYS AND BEVERLY HALL, AN INDIVIDUALLY AND ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, AND ON BEHALF OF THE GENERAL PUBLIC,
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.
IT IS SO
STIPULATION SETTING TIME TO RESPOND TO THIRD AMENDED COMPLAINT
WHEREAS, on October 3, 2011, the Court issued an order ("Order") granting plaintiffs leave to amend;
WHEREAS, the Order was without prejudice to defendants' right to move to compel to 4 arbitration the claims of newly added plaintiffs, Ms. Mays and Ms. Hall; 5
WHEREAS, the Order did not affect the Court's prior order of July 5, 2011, granting 6 defendants' motion to compel the claims of each of the prior named plaintiffs to arbitration; 7
WHEREAS, pursuant to the Order, plaintiffs filed a Third Amended Complaint on October 7, 2011, and a response is due October 24, 2011 under Fed. R. Civ. P. 6(d) and 15(a)(3); 9
WHEREAS, as contemplated by the Order, certain defendants will be filing a motion to 10 compel arbitration by October 25, 2011; 11
WHEREAS, because the Court's decision on the motion to compel arbitration will likely 12 affect the nature of defendants' responses to the Third Amended Complaint, and could even 8 13 render such responses unnecessary, all Parties agree that the time to respond to the Third Amended Complaint should be set for a reasonable period following the Court's decision on the upcoming motion to compel arbitration;
WHEREAS, in setting the response date, the Parties are not altering the date of any event 17 or deadline already fixed by Court Order; 18
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-1(a), by and between the undersigned counsel for the Parties that:
1. Any motion to compel arbitration by defendants shall be filed by October 25, 2011;
2. Pursuant to Civil L.R. 6-1(a), defendants need not answer, move or otherwise respond to the Third Amended Complaint until after the Court has ruled on defendants' motion to 24 compel arbitration; and
3. In the event that the defendants' motion to compel arbitration is denied, defendants will respond to the Third Amended Complaint with fifteen (15) days from service of the Court's order.
Dated: October 19, 2011 KERSHAW, CUTTER, & RATINOFF LLP CLARK & MARKHAM LLP LAW OFFICES OF BARRON E. RAMOS CHARLES E. AMES, P.C. 3 THE CROSLEY LAW FIRM, P.C. WEXLER WALLACE LLP By: /s/ Stuart C. Talley Attorneys for Plaintiffs Dated: October 19, 2011 FENWICK & WEST LLP 9 By: /s/ Kevin P. Muck 10 11 Attorneys for Defendants FREEDOM FINANCIAL NETWORK, LLC, FREEDOM DEBT RELIEF, INC. and FREEDOM DEBT RELIEF, LLC 12 13 LLP AW Dated: October 19, 2011 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP RANCISCO TTORNEYS By: /s/ ENWICK AN S Allen Ruby 15 A F Attorneys for Defendants 16 BRADFORD STROH and ANDREW HOUSSER Dated: October 19, 2011 GREENSPOON MARDER, P.A. 18 By: /s/ 17 19 Rebecca Bratter Attorneys for Defendants GLOBAL CLIENT 20 SOLUTIONS, LLC and ROCKY MOUNTAIN BANK & 21 TRUST
Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this stipulation. 23
FENWICK & WEST LLP
By: /s/ Jennifer C. Bretan
Jennifer C. Bretan
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