Castle et al v. Wells Fargo Financial, Inc.

Filing 316

Order Approving Settlement, Dismissing Fifth Cause Of Action With Prejudice, And Granting Leave To File Fourth Amended Complaint (tf, COURT STAFF) (Filed on 12/22/2009)

Case3:06-cv-04347-SI Document315

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Mellissa Gabriella, Steve Youmans, and Veronica Aceves, on behalf of themselves and classes of those similarly situated, Plaintiffs, vs. Wells Fargo Financial, Inc. and Wells Fargo Financial California, Inc. d/b/a Wells Fargo Financial and Wells Fargo Financial Acceptance, and DOES 1-50, Defendants. Case No. CV 06-4347 SI The Honorable Susan Illston [PROPOSED] ORDER APPROVING SETTLEMENT, DISMISSING FIFTH CAUSE OF ACTION WITH PREJUDICE, AND GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT

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[PROPOSED] ORDER APPROVING SETTLEMENT, DISMISSING FIFTH CAUSE OF ACTION WITH PREJUDICE, AND GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT Case No. CV 06-4347 SI

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Peter Rukin (CA State Bar No. 178336) John Hyland (CA State Bar No. 178875) RUKIN HYLAND DORIA & TINDALL, LLP 100 Pine Street, Suite 725 San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-421-1700 Paul J. Lukas (MN State Bar No. 22084X) (admitted pro hac vice) [e-mail] Donald H. Nichols (MN State Bar No. 78918) (admitted pro hac vice) [e-mail] Charles G. Frohman (MN State Bar No. 0386695) (admitted pro hac vice) [e-mail] NICHOLS KASTER, PLLP 80 S. 8th Street, Suite 4600 Minneapolis, MN 55402 Telephone: [phone] Facsimile: 415-338-4878 Jodi L. Collova (CA State Bar No. 261505) [e-mail] NICHOLS KASTER, PLLP One Embarcadero Center, Suite 720 San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-277-7238 ATTORNEYS FOR PLAINTIFFS

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[PROPOSED] ORDER APPROVING SETTLEMENT, DISMISSING FIFTH CAUSE OF ACTION WITH PREJUDICE, AND GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT Case No. CV 06-4347 SI

Joan B. Tucker Fife (CA State Bar No. 144572) [e-mail] WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5802 Telephone: [phone] Facsimile: 415-591-1400 Emilie C. Woodhead (CA State Bar No. 240464) [e-mail] WINSTON & STRAWN LLP 333 South Grand Ave Los Angeles, CA 90071-1543 Telephone: [phone] Facsimile: 213-615-1750 ATTORNEYS FOR DEFENDANTS

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The Court has considered the parties' Joint Stipulation re Request for Approval of Settlement, Dismissal of Fifth Cause of Action with Prejudice, and for Leave of Court to File Fourth Amended Complaint. The Court has also carefully reviewed the terms of the Confidential Settlement Agreements and Releases (which have been filed under seal). IT IS HEREBY ORDERED that: 1. The Court finds that the Confidential Settlement Agreements and Releases in this

matter, and the terms and conditions contained therein, are fair, adequate, and reasonable and were agreed to by all parties. Therefore, the Court hereby APPROVES the settlement on the terms and conditions provided in the Confidential Settlement Agreements and Releases. 2. The Fifth Cause of Action and any related derivative claims alleged by Plaintiffs

Melissa Gabriella, Steve Youmans, and Veronica Aceves in the Third Amended Complaint are dismissed with prejudice; and 3. Plaintiffs are granted leave to file a Fourth Amended Complaint in this action to

reflect only those claims that have not been dismissed.

IT IS SO ORDERED.

Dated: _____________________ ________________________________ Honorable Susan Illston

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[PROPOSED] ORDER APPROVING SETTLEMENT, DISMISSING FIFTH CAUSE OF ACTION WITH PREJUDICE, AND GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT Case No. CV 06-4347 SI