Sanchez et al v. Wells Fargo & Company et al

Filing 543

ORDER ENTERING STIPULATION TO CONTINUE HEARING DATE re # 542 Stipulation filed by Erin Walker, Veronica Gutierrez Motion Hearing set for 1/13/2011 08:00 AM in Courtroom 9, 19th Floor, San Francisco.. Signed by Judge Alsup on December 14, 2010. (whalc1, COURT STAFF) (Filed on 12/14/2010)

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Richard M. Heimann (State Bar No. 063607) E-mail: [e-mail] Michael W. Sobol (State Bar No. 194857) E-mail: [e-mail] Roger Heller (State Bar No. 215348) E-mail: [e-mail] Mikaela Bernstein (State Bar No. 261301) E-mail: [e-mail] LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Richard D. McCune (State Bar No. 132124) E-mail: [e-mail] Jae (Eddie) K. Kim (State Bar No. 236805) E-mail: [e-mail] MCCUNEWRIGHT LLP 2068 Orange Tree Lane, Suite 216 Redlands, California 92374 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Class

Sonya D. Winner (State Bar No. 200348) E-mail: [e-mail] David M. Jolley (State Bar No. 191164) E-mail: [e-mail] COVINGTON & BURLING LLP One Front Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Emily Johnson Henn (State Bar No. 269482) E-mail: [e-mail] COVINGTON & BURLING LLP 333 Twin Dolphin Drive, Suite 700 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Wells Fargo Bank, N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VERONICA GUTIERREZ, ERIN WALKER, and WILLIAM SMITH, as individuals and on behalf of all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant.

Case No. C 07-05923-WHA (JCSx) STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE The Honorable William H. Alsup

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE C 07-05923-WHA (JCSX)

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WHEREAS, on October 25, 2010, the Court issued its Order Regarding Joint Recommendation on Post-Trial Issues and Proposed Judgment (Dkt. No. 497), in which the Court instructed the parties to file their motions for attorneys' fees and non-cost expenses following entry of judgment "within the time periods set forth in the Federal Rules of Civil Procedure and any applicable Civil Local Rules"; WHEREAS, on November 8, 2010, Class Counsel filed their Motion for an Award of Attorneys' Fees and Costs ("Motion for Attorneys' Fees and Costs") (Dkt. No. 509); WHEREAS, on November 8, 2010, Defendant Wells Fargo Bank, N.A. ("Wells Fargo") filed its Motion for Reimbursement of Incremental Fees and Expenses Recoverable Pursuant to the Court's Orders of May 5 and 13, 2009 ("Motion for Reimbursement") (Dkt. No. 507); WHEREAS, both Class Counsel's Motion for Attorneys' Fees and Costs and Wells Fargo's Motion for Reimbursement have now been fully briefed, and are currently scheduled to be heard by the Court on December 16, 2010 at 8:00 a.m.; WHEREAS, due to a conflict in another matter, some Class Counsel are unavailable to attend the hearing scheduled for December 16, 2010; WHEREAS, on December 8, 2010, the parties filed a stipulation to continue the hearing on Class Counsel's Motion for Attorneys' Fees and Costs and Wells Fargo's Motion for Reimbursement until February 3, 2011 (Dkt. No. 539), which the Court denied by Order dated December 10, 2010 (Dkt. No. 540); WHEREAS, the Court's clerk subsequently indicated to Class Counsel that the Court may continue the hearing date on the motions to a date earlier than February 3, 2011; WHEREAS, pursuant to the Court's calendar guidelines, civil motions are heard by the Court on Thursdays at 8:00 a.m.; WHEREAS, counsel for the parties have met and conferred and determined that they are available on Thursday, January 13, 2011 for a hearing on Class Counsel's Motion for Attorneys' Fees and Costs and Wells Fargo's Motion for Reimbursement; WHEREAS, in light of the foregoing, the parties have agreed to continue the -1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE C 07-05923-WHA (JCSX)

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hearing date for both Class Counsel's Motion for Attorneys' Fees and Costs and Wells Fargo's Motion for Reimbursement from December 16, 2010 until January 13, 2011; WHEREAS, the time modification requested herein will not otherwise alter dates or deadlines set by the Court; WHEREAS, this Stipulation is made in good faith and not for the purpose of delay, IT IS HEREBY STIPULATED, by and between the parties, through their counsel of record, that the hearing on Class Counsel's Motion for Attorneys' Fees and Costs and Wells Fargo's Motion for Reimbursement shall be continued from December 16, 2010 until January 13, 2011 at 8:00 a.m. IT IS SO STIPULATED. Dated: December 13, 2010 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP By: /s/ Michael W. Sobol Michael W. Sobol

Richard M. Heimann (State Bar No. 063607) Michael W. Sobol (State Bar No. 194857) Roger Heller (State Bar No. 215348) Mikaela Bernstein (State Bar No. 261301) 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Class Dated: December 13, 2010 COVINGTON & BURLING LLP By: /s/ David M. Jolley David M. Jolley

Sonya D. Winner (State Bar No. 200348) David M. Jolley (State Bar No. 191164) COVINGTON & BURLING LLP One Front Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Wells Fargo Bank, N.A.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE C 07-05923-WHA (JCSX)

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904675.1

Pursuant to stipulation, IT IS SO ORDERED.

December 14, Dated: ____________ 2010.

____________________________________ The Honorable William H. Alsup United States District Judge

I, Michael W. Sobol, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with General Order 45, section X.B., I hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories. By: /s/ Michael W. Sobol Michael W. Sobol

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE C 07-05923-WHA (JCSX)