Oleary v. Wells Fargo

Filing 16

STIPULATION and ORDER 12 signed by Judge Morrison C. England, Jr., on 4/6/11: Wells Fargo Bank, N.A. is GRANTED a 90 day extension to 6/27/11 to answer or otherwise respond to Plaintiff Brendan OLeary's Complaint.(Kastilahn, A)

Oleary v. Wells Fargo

Doc. 16

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Locke Lord Bissell & Liddell LLP
300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071

LOCKE LORD BISSELL & LIDDELL LLP Thomas J. Cunningham (SBN: 263729) [e-mail] Daniel A. Solitro (SBN: 243908) [e-mail] 300 South Grand Avenue, Suite 2600 Los Angeles, California 90071 Telephone: [phone] Facsimile: 213-485-1200 Attorneys for Defendant WELLS FARGO BANK, N.A. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BRENDAN OLEARY, on behalf of himself and all others similarly situated, Plaintiff, vs. WELLS FARGO BANK, N.A.; and DOES 1 through 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:10-cv-01913-MCE-GGH Hon. Morrison C. England STIPULATION EXTENDING TIME FOR DEFENDANT WELLS FARGO BANK, N.A. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT;ORDER

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[Local Rule 144]

WHEREAS, on July 20, 2010 plaintiff Brendan O'Leary ("Plaintiff"), on behalf of himself and purportedly on behalf of a putative nationwide class of similarly situated individuals, filed a Complaint against defendant Wells Fargo Bank, N.A. ("Wells Fargo"); WHEREAS, the Complaint was served on Wells Fargo on September 30, 2010, and Wells Fargo's responsive pleading would have been due on October 21, 2010; WHEREAS, the parties entered into a Stipulation Extending Time for Defendant Wells Fargo Bank, N.A. to Answer or Otherwise Respond to the Complaint (Dkt. No. 6) on October 20, 2010 that extended Wells Fargo's time to respond to the Complaint by twenty-eight (28) days until November 18, 2010;

STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT Brendan OLeary, et al. v. Wells Fargo Bank, N.A., et al., Case No. 2:10-cv-01913-MCE-GGH Dockets.Justia.com

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Locke Lord Bissell & Liddell LLP

WHEREAS, the parties entered into and filed a Stipulation Extending Time For Defendant Wells Fargo Bank, N.A. To Answer or Otherwise Respond to Complaint; [Proposed] Order on November 18, 2010 (Dkt. Not. 7); WHEREAS, on December 1, 2010 the Court entered an Order granting Wells Fargo a sixty (60) day extension to January 17, 2011 to answer or otherwise respond to Plaintiff's Complaint (Dkt. No. 8); WHEREAS, the parties entered into and filed a Stipulation Extending Time for Defendant Wells Fargo Bank, N.A. To Answer or Otherwise Respond to Complaint on December 29, 2010 (Dkt. No. 9); WHEREAS, on January 14, 2011 the Court entered an Order granting Wells Fargo a seventy (70) day extension to March 28, 2011 to answer or otherwise respond to Plaintiff's Complaint (Dkt. No. 11); WHEREAS, this matter is one of several related putative class action cases that have been filed against Wells Fargo by one of the law firms representing Plaintiff in this case; WHEREAS, the parties have participated in private mediation with Judge Infante of JAMS in one of the related cases, Hamilton v. Wells Fargo Bank, N.A., Case No. 09-cv-4152 (N.D. Cal.), at which time the parties and their counsel discussed the potential settlement of all the related cases against Well Fargo, including this case, and have made significant progress toward a settlement; WHEREAS, the parties have reached agreement on most aspects of class-wide relief for a nationwide class that would resolve five (5) cases filed against Wells Fargo that are currently pending in this Court, in the U.S. District Court for the Northern District of California, and in the U.S. District Court for the Northern District of Illinois; WHEREAS, the parties have some additional details that require resolution but are close enough to a settlement that a draft settlement agreement has been prepared; WHEREAS, upon completion of the negotiation of class relief the parties will negotiate the issue of Plaintiffs' attorneys' fees;

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300 South Grand Avenue, Suite 2600 Los Angeles, CA, 90071-3119

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2 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT Brendan OLeary, et al. v. Wells Fargo Bank, N.A., et al., Case No. 2:10-cv-01913-MCE-GGH

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Locke Lord Bissell & Liddell LLP

WHEREAS, the parties believe that an additional mediation session with Judge Infante to complete their negotiations may be required, but Judge Infante does not have availability to conduct a mediation until mid-May, 2011; WHEREAS, the parties believe it is in their interest and the interest of the Court to preserve the parties' and the court's resources to extend the time for Wells Fargo to respond to the Complaint; WHEREAS, the parties have agreed to extend the time for Wells Fargo to move, answer, or otherwise respond to the Complaint by ninety (90) additional days; NOW THEREFORE, IT IS HEREBY STIPULATED, by and between Plaintiff and Wells Fargo, through their respective counsel, that Wells Fargo's time to answer or otherwise respond to the Complaint is extended by an additional ninety (90) days to June 27, 2011.

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300 South Grand Avenue, Suite 2600 Los Angeles, CA, 90071-3119

Dated: March 18, 2011

LOCKE LORD BISSELL & LIDDELL LLP

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3 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT Brendan OLeary, et al. v. Wells Fargo Bank, N.A., et al., Case No. 2:10-cv-01913-MCE-GGH

By:

/s/ Daniel A. Solitro Thomas J. Cunningham Daniel A. Solitro Attorneys for Defendant WELLS FARGO BANK, N.A.

Dated: March 18, 2011

HARRISON PATTERSON & O'CONNOR LLP

/s/ James R. Patterson James R. Patterson Alisa A. Martin Attorneys for Plaintiff BRENDAN OLEARY

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Locke Lord Bissell & Liddell LLP

ORDER ON STIPULATION Having considered the parties' stipulation and good cause appearing therefore, the Court orders as follows: Wells Fargo Bank, N.A. is granted a ninety (90) day extension to June 27, 2011 to answer or otherwise respond to Plaintiff Brendan O'Leary's Complaint. The foregoing stipulation of the parties is hereby adopted and IT IS SO ORDERED.

Dated: April 6, 2011

_______________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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300 South Grand Avenue, Suite 2600 Los Angeles, CA, 90071-3119

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4 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT Brendan OLeary, et al. v. Wells Fargo Bank, N.A., et al., Case No. 2:10-cv-01913-MCE-GGH