Reyes et al v. Wells Fargo Bank, N.A.

Filing 131

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE FOR PRELIMINARY SETTLEMENT APPROVAL. Motion for Preliminary Settlement Approval due by 1/14/2013. Further Case Management Conference set for 1/18/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 12/5/12. (klhS, COURT STAFF) (Filed on 12/5/2012)

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 ALEX C. SEARS (State Bar No. 232491)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendant
7 WELLS FARGO BANK, N.A.
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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11 GUSTAVO REYES and MARIA TERESA
GUERRERO, husband and wife, individually
12 and on behalf of others similarly situated,
13
14

Plaintiffs,

Case No. 3:10-cv-01667-JCS
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME TO
FILE MOTION FOR PRELIMINARY
SETTLEMENT APPROVAL

vs.

15 WELLS FARGO BANK, N.A., a national
bank; and DOES 1-100, inclusive,
16
Defendants.
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07725.0128/2486351.1

3:10-cv-01667-JCS
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY SETTLEMENT APPROVAL

1

RECITALS

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WHEREAS:

3

1.

On November 12, 2012, the parties filed a Joint Notice of Settlement of Case and

4 Request to Vacate Supplemental Class Certification Briefing, along with a proposed order.
5

2.

On November 14, 2012, the Court entered the proposed order filed by the parties,

6 and ordered that a Motion for Preliminary Approval of the class action settlement be filed within
7 30 days, i.e., on or before December 14, 2012, and that the parties attend a case management
8 conference on January 11, 2013.
9

3.

Since the Court’s November 14, 2012 order, the parties have exchanged drafts of a

10 formal settlement agreement, and have met and conferred on the few outstanding details to be
11 resolved.
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4.

The parties need further time to finalize the settlement agreement, obtain full client

13 approval, prepare all exhibits to the agreement, and prepare the motion for preliminary settlement
14 approval.
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5.

The parties will have difficulty meeting the December 14, 2012 deadline to file the

16 motion for preliminary settlement approval. Lead counsel for Defendant Wells Fargo Bank and
17 one of Plaintiffs’ lead counsel both have several depositions in other matters scheduled between
18 today and the December 14, 2012 deadline. Another of Plaintiffs’ lead counsel has a bench trial in
19 another matter scheduled for the week of December 10, 2012.
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STIPULATION

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THEREFORE, the parties stipulate and request that the Court order as follows:

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1.

The due date for the motion for preliminary settlement approval is continued from

23 December 14, 2012, for a period of 30 days to January 14, 2013.
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2.

The parties shall attend a case management conference on

January 18

,

25 2013, at 1:30 PM.
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07725.0128/2486351.1

3:10-cv-01667-JCS
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY SETTLEMENT APPROVAL

1

3.

This stipulation is without prejudice to the rights, claims, defenses and arguments

2 of all parties.
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4 DATED: December 4, 2012

SEVERSON & WERSON

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6

By:

/s/ Michael J. Steiner
Michael J. Steiner

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8

Attorneys for Defendant WELLS FARGO BANK, N.A.

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10 DATED: December 4, 2012

LAW OFFICES OF PETER FREDMAN
LAW OFFICES OF DAVID PIVOTRAK

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12
By:

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14

/s/ Peter B. Fredman
Peter B. Fredman

Attorneys for Plaintiffs GUSTAVO REYES and
MARIA TERESA GUERRERO

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16 I, Michael J. Steiner, am the ECF user whose identification and password are being used to file
this Stipulation. I hereby attest that Peter B. Fredman has concurred in this filing.
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/s/ Michael J. Steiner
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19

ORDER

S
NO

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RT

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seph C.

Judge Jo

R NIA

December 5
23 DATED: _________________, 2012

Spero

FO

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RT
U
O

IT IS SO ORDERED.

ISTRIC
ES D
TC
AT
T

UNIT
ED

H

Hon. Joseph C. Spero
ER
C
U.S. Magistrate N D
Judge
OF
IS T RIC T

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A

21

LI

20 PURSUANT TO THE ABOVE STIPULATION,

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07725.0128/2486351.1

3:10-cv-01667-JCS
2
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY SETTLEMENT APPROVAL