Dippon v. Wells Fargo & Company

Filing 20

STIPULATION OF VOLUNTARY DISMISSAL AND ORDER signed by Chief Judge Morrison C. England, Jr on 7/8/15: Pursuant to Rule 23(e) and Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the stipulation of the parties, Michael Dippon's individual claims are hereby DISMISSED with prejudice and the claims of the putative class members are hereby DISMISSED without prejudice. The Clerk of the Court is ORDERED to close this case. CASE CLOSED. (Meuleman, A)

1 MARK D. LONERGAN (State Bar No. 143622)
[e-mail]
2 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
3 JONAH VAN ZANDT (State Bar No. 224348)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants WELLS FARGO &
8 COMPANY and WELLS FARGO BANK, N.A.,
d/b/a WELLS FARGO HOME MORTGAGE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

12 MICHAEL DIPPON, on behalf of himself and
all others similarly situated,
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Plaintiff,
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vs.
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WELLS FARGO & COMPANY and WELLS
16 FARGO BANK, N.A., d/b/a WELLS FARGO
HOME MORTGAGE,
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Defendants.
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Case No. 2:14-cv-02503-MCE-AC
STIPULATION OF VOLUNTARY
DISMISSAL; and ORDER

Plaintiff Michael Dippon (“Plaintiff”) and Wells Fargo Bank, N.A. and Wells Fargo &

20 Company (together “Defendants”), through their attorneys of record, hereby agree and stipulate as
21 follows:
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A.

Whereas, this case was commenced by Michael Dippon when he filed his Class

23 Action Complaint on October 24, 2014, and he later filed his First Amended Class Action
24 Complaint on January 29, 2015 (the “Complaint.”).
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B.

Whereas, in the Complaint, Plaintiff makes certain allegations against Defendants

26 relating to Defendants’ lender paid mortgage insurance requirements and practices which
27 allegations Plaintiff purported to assert both individually and on behalf of a California class of
28 plaintiffs;
07685.1385/4145388.1

2:14-cv-02503-MCE-AC
STIPULATION RE DISMISSAL; ORDER

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C.

Whereas, Defendants denied that their actions were wrongful in any respect with

2 regard to Plaintiff and any putative class;
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D.

Whereas, court approval of a settlement, voluntary dismissal or compromise under

4 Federal Rule of Civil Procedure 23(e) is required only for “certified class” actions and the
5 Advisory Committee Notes for Rule 23(e) state that court approval is required only if “the claims,
6 issues, or defenses of a certified class are resolved by a settlement, voluntary dismissal, or
7 compromise,” rejecting the view that court approval is required for settlements “with putative
8 class representatives that resolve[] only individual claims.” See Rule 23 Advisory Committee
9 Notes, 2003 Amendments.
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E.

Whereas, Plaintiff has never brought a motion to certify any class in this case and

11 the Court has never certified any class in this case under Federal Rule of Civil Procedure 23;
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F.

Whereas, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff

13 may dismiss an action by filing a stipulation of dismissal signed by all parties who have appeared;
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G.

Whereas, the parties have reached a settlement of Plaintiff’s individual claims

15 against Defendants in which Plaintiff’s individual claims will be dismissed with prejudice and the
16 members of any putative class will be dismissed without prejudice;
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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE THAT:

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All of the individual claims and allegations brought by Michael Dippon

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against Wells Fargo Bank, N.A., d/b/a Wells Fargo Home Mortgage, or

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Wells Fargo & Company, or any of them, are hereby dismissed with

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prejudice. All claims and allegations of any putative class members are

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hereby dismissed without prejudice.

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IT IS SO STIPULATED.

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26 DATED: July 6, 2015
27

SEVERSON & WERSON
A Professional Corporation

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By: /s/ Michael J. Steiner
07685.1385/4145388.1

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2:14-cv-02503-MCE-AC
STIPULATION RE DISMISSAL; ORDER

Attorneys for Defendants
WELLS FARGO BANK N.A. and
WELLS FARGO & COMPANY

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DATED: July 6, 2015

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KERSHAW, CUTTER & RATINOFF
By: /s/ John R. Parker
Attorneys for Plaintiff
MICHAEL DIPPON

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ORDER
Pursuant to Rule 23(e) and Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure

12 and the stipulation of the parties, Michael Dippon’ s individual claims are hereby DISMISSED
13 with prejudice and the claims of the putative class members are hereby DISMISSED without
14 prejudice. The Clerk of the Court is ordered to close this case.
15

IT IS SO ORDERED.

16 Dated: July 8, 2015
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07685.1385/4145388.1

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2:14-cv-02503-MCE-AC
STIPULATION RE DISMISSAL; ORDER