Tofighbakhsh v. Wells Fargo & Company et al

Filing 29

STIPULATION AND ORDER Case Management Conference set for 6/11/10 is continued to 8/13/10 10:00 AM; Defendant's Motion to Dismiss set for 6/25/10 is continued to 7/23/10 in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 6/2/10. (tdm, COURT STAFF) (Filed on 6/2/2010)

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1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Jack R. Nelson (SBN 111863) Email: jnelson@reedsmith.com Keith D. Yandell (SBN 233146) Email: kyandell@reedsmith.com Alicia A. Adornato (SBN 254228) Email: aadornato@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 Attorneys for Defendants Wells Fargo & Company and Wells Fargo Bank, N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MOSTAFA TOFIGHBAKHSH, Case No. C 10-00830 SC STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO AUGUST 11, 2010 AND HEARING ON DEFENDANTS' MOTION TO DISMISS TO JULY 23, 2010 Compl. Filed: December 23, 2009 11 Plaintiff, 12 vs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 WELLS FARGO & COMPANY, WELLS FARGO BANK, N.A., and DOES 1-25, inclusive, Defendant. REED SMITH LLP Honorable Samuel Conti Pursuant to N.D. Cal. Civil L.R. 6-2, Defendants Wells Fargo & Company1 and Wells Fargo Bank, N.A. and Plaintiff Mostafa Tofighbakhsh (collectively, "Parties") jointly submit this Stipulated Request and [Proposed] Order Continuing Case Management Conference to August 11, 2010 and Hearing On Defendants' Motion to Dismiss to July 23, 2010. 1 Defendants submit this Stipulation subject to, and reserving all rights regarding, their position that Wells Fargo & Company was fraudulently joined in this action. US_ACTIVE-103752344.1-KYANDELL 5/25/10 12:03 PM Stipulated Request and [Proposed] Order Continuing Case Management Conference to August 11, 2010 and Hearing on Defendants' Motion to Dismiss to July 23, 2010 1 2 3 WHEREAS, Plaintiff has filed a Motion to Remand, which is currently set to be heard on May 28, 2010; WHEREAS, Defendants have filed a Motion to Dismiss, which is currently set to be heard 4 on June 25, 2010; 5 6 7 8 WHEREAS, the Parties wish to conserve resources by having the Court determine the 9 following threshold issues before the first case management conference: (a) whether the Court has 10 A limited liability partnership formed in the State of Delaware WHEREAS, the initial case management conference in this action is currently set for June 16, 2010; jurisdiction over this dispute and, (b) whether Plaintiff has stated a claim for relief; 11 12 13 WHEREAS, the Parties do not anticipate this modification will have any significant impact 14 on the case; 15 16 17 18 1. 19 continued to August 11, 2010. 20 21 22 23 24 25 26 27 28 DATED: May 25, 2010 /s/ Ali Abtahi Signatory concurs in the filing of this document aabtahi@abtahilaw.com ABTAHI LAW FIRM 1528 S. El Camino Real, Suite 204 San Mateo, CA 94402 Phone (650) 341-1300; Fax (650) 341-1303; 2 US_ACTIVE-103752344.1-KYANDELL 5/25/10 12:03 PM WHEREAS, there have been no previous modifications of time in this case; REED SMITH LLP NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned Parties, through their counsel of record, subject to the approval of the Court, as follows: The Case Management Conference currently on calendar for June 16, 2010 shall be 2. Defendants' Motion to Dismiss currently on calendar for June 25, 2010 shall be continued to July 23, 2010. Stipulated Request and [Proposed] Order Continuing Case Management Conference to August 11, 2010 and Hearing on Defendants' Motion to Dismiss to July 23, 2010 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware T. Christopher Tuck (pro hac vice pending) ctuck@rpwb.com Daniel O. Myers (Admitted pro hac vice) RICHARDSON, PATRICK, WESTBROOK & BRICKMAN, LLC 1037 Chuck Dawley Blvd., Bldg. A Mt. Pleasant, SC 92464 Phone (843) 727-6500; Fax (843) 216-6509 Attorneys for Plaintiffs 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP /s/ Keith Yandell Jack R. Nelson (SBN 111863) jnelson@reedsmith.com Keith Yandell (SBN 233146) kyandell@ReedSmith.com REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94120-7936 Phone: (415) 543-8700; Fax: (415) 391-8269 Attorneys for Defendants 3 US_ACTIVE-103752344.1-KYANDELL 5/25/10 12:03 PM Stipulated Request and [Proposed] Order Continuing Case Management Conference to August 11, 2010 and Hearing on Defendants' Motion to Dismiss to July 23, 2010 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware ORDER Pursuant to the stipulated request of the parties, this Court hereby orders that: 1. The Case Management Conference currently on calendar for June 16, 2010 shall be continued to August 11, 2010. August 13, 2010. 2. Defendants' Motion to Dismiss currently on calendar for June 25, 2010 shall be ISTRIC ES D TC AT T continued to July 23, 2010. RT U O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: 6/2/10 UNIT ED S REED SMITH LLP ER N F D IS T IC T O R 4 US_ACTIVE-103752344.1-KYANDELL 5/25/10 12:03 PM Stipulated Request and [Proposed] Order Continuing Case Management Conference to August 11, 2010 and Hearing on Defendants' Motion to Dismiss to July 23, 2010 A C LI FO Judge S amuel C onti R NIA HONORABLE SAMUEL CONTI NO IT IS S O ORD ERED RT H 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Jack R. Nelson (SBN 111863) Email: jnelson@reedsmith.com Keith D. Yandell (SBN 233146) Email: kyandell@reedsmith.com Alicia A. Adornato (SBN 254228) Email: aadornato@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 Attorneys for Defendants Wells Fargo & Company and Wells Fargo Bank, N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MOSTAFA TOFIGHBAKHSH, Case No. C 10-00830 SC DECLARATION OF KEITH D. YANDELL Compl. Filed: December 23, 2009 11 Plaintiff, 12 vs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1. I, KEITH D. YANDELL, DECLARE: WELLS FARGO & COMPANY, WELLS FARGO BANK, N.A., and DOES 1-25, inclusive, Defendant. REED SMITH LLP Honorable Samuel Conti I am an attorney at law, licensed to practice in the Northern District of California, and an associate at the law firm of Reed Smith LLP, attorneys for Defendants Wells Fargo & Company and Wells Fargo Bank, N.A. I make the following declaration of my own knowledge, and if called as a witness I could and would testify to the same. US_ACTIVE-103752525.1-KYANDELL 5/25/10 12:04 PM Declaration of Keith D. Yandell 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware 2. The Parties in this case jointly request that the Court continue the Case Management Conference currently on calendar for June 16, 2010 to August 11, 2010, and the Motion to Dismiss currently on calendar for June 25, 2010 to July 23, 2010, because they would like to conserve resources by first resolving the issues of whether this Court has jurisdiction over this matter and whether Plaintiff has stated a claim for relief. 3. The Parties have not previously modified the court's schedule in this action. 4. case. The Parties do not anticipate this modification will have any significant impact on the 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Declaration of Keith D. Yandell US_ACTIVE-103752525.1-KYANDELL 5/25/10 12:04 PM I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. REED SMITH LLP DATED: May 25, 2010 By /s/ Keith D. Yandell

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