Bird v. Wells Fargo Bank

Filing 86

STIPULATION and ORDER to CONTINUE Further Mandatory Settlement Conference. The Settlement Conference currently set for 10/18/2017, is CONTINUED to 11/3/2017, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 10/16/2017. (Timken, A)

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
MARLENE M. NICOLAS, Cal. Bar No. 245298
[e-mail]
HILARY A. HABIB, Cal. Bar No. 293431
[e-mail]
333 S. Hope Street, 43rd Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: 213.620.1398

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Attorneys for Defendant WELLS FARGO BANK, N.A.

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DANIEL J. CRAVENS (SBN 207859)
CRAVENS & ASSOCIATES
516 W. Shaw Avenue, Suite 200
Fresno, CA 93704
Telephone: [phone]
Facsimile: 855.273.3797

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Yosef Peretz (SBN 209288)
[e-mail]
Sumy Kim (SBN 290082)
[e-mail]
PERETZ & ASSOCIATES
22 Battery Street, Suite 200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff KIMBERLY SUE BIRD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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KIMBERLY SUE BIRD,

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Plaintiff,
v.
WELLS FARGO BANK., a California
Corporation, and Does I-XX, inclusive

Civil Case No. 1:16-CV-01130-DAD-EPG
STIPULATION TO CONTINUE
FURTHER MANDATORY
SETTLEMENT CONFERENCE TO
NOVEMBER 3, 2017 AT 10:00 AM;
ORDER

Defendants.
(Doc. 85)

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WHEREAS on September 13, 2017, The Honorable Shelia K. Oberto held a

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telephonic conference with counsel for the parties and thereafter set a Further

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Mandatory Settlement Conference for October 18, 2017 at 11:00 A.M. (ECF 80);

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WHEREAS Defendant’s representative Crystal Silva, Esq., who is intimately

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involved in this case, attended the initial Mandatory Settlement Conference, and is

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necessary for effective discussion at the Further Mandatory Settlement Conference, is

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unavailable on October 18, 2017 because she must attend mediation on that same day in

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another matter in San Francisco;

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WHEREAS Ms. Silva’s San Francisco mediation was scheduled before Judge
Oberto issued her order on September 13, 2017;
WHEREAS Ms. Silva has made reasonable attempts to make herself available
on October 18, 2017, but ultimately cannot do so;
WHEREAS Defendant’s counsel and Plaintiff’s counsel met and conferred on
this issue and given the importance of Ms. Siva’s attendance, agreed to request a
continuance of the Further Mandatory Settlement Conference to an alternative date that
will work for all Parties, counsel, and the Court;

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WHEREAS the Defendant’s counsel confirmed with Judge Oberto’s Clerk that
Judge Oberto is available to conduct the Further Mandatory Settlement Conference on
November 3, 2017 at 10:00 A.M.;
WHEREAS the Parties and their counsel are available to attend the Further
Mandatory Settlement Conference on November 3, 2017 at 10:00 A.M.;
WHEREAS the Parties have continued to meet and confer on a possible informal
resolution of this matter since the initial Mandatory Settlement Conference; and,
WHEREAS, this Stipulation is made in good faith and is not made to delay these
proceedings or for any other improper purpose.

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THEREFORE, the Parties hereby stipulate and agree as follows:

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1.

That the Further Mandatory Settlement Conference, currently scheduled

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to commence on October 18, 2017 at 11:00 A.M, be continued to November 3, 2017 at

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10:00 A.M.
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2.

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That the deadline for the Parties submission of confidential settlement

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conference briefs be continued to October 27, 2017.

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Dated: October 16, 2017

CRAVENS & ASSOCIATES

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By: /s/ Daniel J. Cravens
Daniel J. Cravens
Attorneys for Plaintiff
KIMBERLY SUE BIRD

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Dated: October 16, 2017

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PERETZ & ASSOCIATES
By: /s/ Yosef Peretz
Yosef Peretz
Attorneys for Plaintiff
KIMBERLY SUE BIRD

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Dated: October 16, 2017

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By:

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/s/ Hilary A. Habib
.
Hilary A. Habib
Attorneys for Defendant
WELLS FARGO BANK

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Counsel for Plaintiff have authorized submission of this document on Plaintiff’s counsel’s behalf.

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ORDER

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Good cause appearing on the parties’ above stipulation (Doc. 85), it is hereby

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ORDERED that the parties’ further settlement conference in this matter, currently set for

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October 18, 2017, is hereby CONTINUED to November 3, 2017, at 10:00 a.m. in

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Courtroom 7 before the Honorable Sheila K. Oberto.

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IT IS SO ORDERED.

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Dated:

October 16, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
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