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MALONE v. NORWEST FINANCIAL CALIFORNIA, INC.

Nos. CIV.S-99-692 LKK/JFM, CIV.S-99-693 LKK/PAN.

245 B.R. 389 (2000)

Robert J. MALONE and Esther N. Malone, on behalf of themselves and all others similarly situated, Plaintiffs, v. NORWEST FINANCIAL CALIFORNIA, INC., a corporation; and Norwest Financial, Inc., a corporation, Defendants. Robert J. Malone and Esther N. Malone, on behalf of themselves and all others similarly situated, Plaintiffs, v. U.S. Bancorp, a corporation; and United States National Bank of Oregon, a corporation, Defendants.

United States District Court, E.D. California.

February 3, 2000.

Attorney(s) appearing for the Case

Joseph M. Barton, Gold, Bennett, Cera and Sidener, San Francisco, CA, for plaintiffs.

Richard W. Nichols, McDonough, Holland and Allen, Sacramento, CA, Craig A. Varga, Michael D. Hayes, Varga, Berger, Ledsky, Hayes and Casey, Chicago, IL, for defendants.

ORDER

KARLTON, Chief Judge Emeritus.

Pending before the court is the defendants' motions to refer these suits to the bankruptcy court. I decide the matter on the papers and pleadings filed herein and after oral argument.

I.

PROCEDURAL HISTORY

On April 8, 1999, the plaintiffs, Chapter 7 bankruptcy petitioners, filed a putative class-action lawsuit. They seek, inter alia, disgorgement of profits and punitive damages...

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