Mevorah v. Wells Fargo Home Mortgage, Inc.

Filing 133

ORDER TERMINATING MDL ACTION (For C06-1770 EMC,C06-1770 EMC, C06-4481 EMC, C05-1175 EMC, C05-2722 EMC, and C06-1991 EMC ONLY). Signed by Judge Edward M. Chen on 12/6/11. (bpf, COURT STAFF) (Filed on 12/6/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 No. C-06-1770 EMC THIS CASE RELATES TO ALL CASES ___________________________________/ ORDER TERMINATING MDL ACTION 11 For the Northern District of California United States District Court 10 IN RE WELLS FARGO HOME MORTGAGE OVERTIME PAY LITIGATION For Case Nos.: C-06-1770 EMC, Mevorah, Urso C-06-4481 EMC, Perry C-05-1175 EMC, Mevorah C-05-2722 EMC, Perez C-06-1991 EMC, Miles 12 13 14 15 16 17 Previously, the Court issued an order in which it asked the parties in each case comprising 18 the MDL action to show cause why Ms. Urso and Wells Fargo’s stipulated request to terminate the 19 MDL action should not be granted and why the MDL action, including its underlying cases, should 20 not be dismissed with prejudice and terminated as a result. See Docket No. 424 (order). The Court 21 noted in its order to show cause that a response was necessary 22 23 24 only if a party believes that the MDL action, including its underlying cases, should not be dismissed with prejudice and terminated as a result. Thus, if counsel believe there is nothing to pursue, then they need not respond, and the lack of a response shall be deemed an admission that the MDL action should be dismissed with prejudice and terminated. 25 26 27 28 Docket No. 424 (Order at 2) (emphasis in original). No party filed a response to the Court’s order to show cause. Accordingly, the Court hereby GRANTS Ms. Urso and Wells Fargo’s stipulated request to terminate the MDL action. In 1 accordance with this order, the Clerk of the Court shall terminate the MDL action, including 2 each underlying case, and close the file in each case. In addition, the Clerk of the Court shall 3 transmit a copy of this terminating order to the MDL Panel consistent with MDL Rule No. 4 10.1(a). 5 Any cases related to the MDL action, to the extent they have not been resolved, shall 6 continue as individual cases. Now that the MDL action has been terminated, the plaintiffs in C-11- 7 3841 JW should renotice their motion to relate to the next lowest-numbered case that is not part of 8 the MDL. 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 Dated: December 6, 2011 13 _________________________ EDWARD M. CHEN United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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