Oleary v. Wells Fargo

Filing 26

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/20/11 re 23 ORDERING that Defendant's 14 Motion to Dismiss shall be vacated, with leave to re-notice the Motion should settlement fall through for any reason. Plaintiff's deadline to respond to the Motion to Dismiss shall be extended to 14 days preceding any future hearing date noticed by Defendant. (Duong, D)

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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, CA 90071
Telephone: [phone]
Facsimile: 213-485-1200
Attorneys for Defendant
WELLS FARGO BANK, N.A.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

Locke Lord Bissell & Liddell LLP

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BRENDAN O’LEARY, on behalf of
himself and all others similarly situated,

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Plaintiff,

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v.
WELLS FARGO BANK, N.A. and
DOES 1 through 50, inclusive,
Defendants.

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CASE NO. 2:10-cv-01913-MCE-GGH
Hon. Morrison C. England, Jr.
STIPULATION TO TAKE HEARING ON
MOTION TO DISMISS OFF CALENDAR AND
EXTEND TIME FOR PLAINTIFF TO
RESPOND;ORDER

WHEREAS the hearing on Defendant Wells Fargo Bank, N.A.’s Motion to Dismiss (ECF
No. 14) was scheduled for September 6, 2011; and
WHEREAS the Parties have reached a putative nationwide class action settlement in

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principle of this case and other parallel cases pending in the Northern District of California and

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Northern District of Illinois;

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WHEREAS the Parties are diligently working on documenting the settlement; and

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WHEREAS Plaintiff Brendan O’Leary, after conferring with counsel for Defendant prior to

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the due date for his opposition to Wells Fargo’s Motion to Dismiss, has not responded to the Motion

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to Dismiss due to the impending settlement;

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STIPULATION AND PROPOSED ORDER
O’Leary v. Wells Fargo Bank, N.A., Case No. 2:10-cv-01913-MCE-GGH

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WHEREAS, taking the Motion to Dismiss off calendar, to be re-noticed should the

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settlement not receive final approval for any reason, will maximize efficiency for the Parties and the

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Court; and

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WHEREAS, should the settlement fall through and the Motion to Dismiss be re-noticed at a

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later date, the Parties agree that Plaintiff should be given an opportunity to respond to the Motion;

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and

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

Locke Lord Bissell & Liddell LLP

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WHEREAS, the Parties agree to keep this Court regularly apprised as to the status of the
proposed settlement;
THEREFORE, IT IS STIPULATED by the Parties hereto, through their attorneys of record,
pursuant to Local Rule 143, that:
(1)

Defendant’s Motion to Dismiss shall be vacated, with leave to re-notice the Motion

should settlement fall through for any reason; and
(2)

Plaintiff’s deadline to respond to the Motion to Dismiss shall be extended to 14 days
preceding any future hearing date noticed by Defendant.

IT IS SO STIPULATED.

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Dated: September 8, 2011

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LOCKE LORD BISSELL & LIDDELL LLP
By:

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/s/ Daniel A. Solitro
Thomas J. Cunningham
Daniel A. Solitro

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Attorneys for Defendant
WELLS FARGO BANK, N.A.

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Dated: September 8, 2011

PATTERSON LAW GROUP
By:

/s/ James R. Patterson
James R. Patterson

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Attorneys for Plaintiff

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BRENDAN O’LEARY

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STIPULATION AND PROPOSED ORDER
O’Leary v. Wells Fargo Bank, N.A., Case No. 2:10-cv-01913-MCE-GGH

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ORDER ON STIPULATION

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Having considered the parties’ stipulation and good cause appearing therefor, the Court

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orders as follows:

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(1)

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Defendant’s Motion to Dismiss (ECF No. 14) shall be vacated, with leave to re-notice

the Motion should settlement fall through for any reason; and
(2)

Plaintiff’s deadline to respond to the Motion to Dismiss shall be extended to 14 days

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preceding any future hearing date noticed by Defendant.

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The foregoing stipulation of the parties is hereby adopted and IT IS SO ORDERED.

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Dated: September 20, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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

Locke Lord Bissell & Liddell LLP

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c4d6b0d3

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STIPULATION AND PROPOSED ORDER
O’Leary v. Wells Fargo Bank, N.A., Case No. 2:10-cv-01913-MCE-GGH