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

Filing 146

ORDER GRANTING re 144 Stipulation to Amend Settlement Agreement filed by Wells Fargo Bank, N.A.. Signed by Judge Joseph C. Spero on 4/18/13. (klhS, COURT STAFF) (Filed on 4/18/2013)

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 MARK D. LONERGAN (State Bar No. 143622)
[e-mail]
3 ALEX C. SEARS (State Bar No. 232491)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendant Wells Fargo Bank, N.A.
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9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA—
SAN FRANCISCO DIVISION

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12 GUSTAVO REYES and MARIA TERESA
GUERRERO, husband and wife, individually
13 and on behalf of others similarly situated,
14
15

Plaintiffs,

Case No. 3:10-cv-01667-JCS
STIPULATION AMENDING
SETTLEMENT AGREEMENT IN
SUPPORT OF PRELIMINARY
APPROVAL OF CLASS SETTLEMENT

vs.

16 WELLS FARGO BANK, N.A., a national
bank; and DOES 1-100, inclusive,
17
Defendants.
18

Hearing Date:
Time:
Judge:

April 19, 2013
9:30 a.m.
Hon. Joseph C. Spero

Trial Date:

None Set

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20

IT IS HEREBY STIPULATED, by and between plaintiffs Gustavo Reyes and Maria

21 Teresa Guerrero and defendant Wells Fargo Bank, N.A. (the“Parties that paragraph B.1.b (p.4) of
”),
22 the Class Action Settlement Agreement And Release (the“Agreement ) [Dkt. No. 136-1] is hereby
”
23 amended to read, in its entirety, as follows:
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For purposes of this paragraph,“Settled Claims
”means and includes any and all
claims, actions, causes of action, offsets or liabilities, whether known or
unknown, suspected or unsuspected, contingent or matured, which Plaintiffs or
any member of the Settlement Class has had, now has, or may in the future have,
arising from or relating to the special forbearance agreements and offer letters
substantially similar to those sent to Plaintiffs (attached hereto as Exhibit A) that
were sent to any such member of the Settlement Class between March 12, 2009
and October 31, 2012. Excluded from this release are all claims for actual,
economic damages (other than trial plan payments).
07725.0128/2657172.1

3:10-cv-01667-JCS
STIPULATION REGARDING PRELIMINARY CLASS SETTLEMENT APPROVAL

1

IT IS FURTHER STIPULATED, by and between the Parties, that the Agreement is hereby

2 amended by replacing the Claim Form appended thereto as Exhibit C with the Claim Form
3 appended to this stipulation.
4
5 DATED: April 17, 2013

SEVERSON & WERSON
A Professional Corporation

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7

By:

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/s/ Michael J. Steiner
Michael J. Steiner

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Attorneys for Defendant Wells Fargo Bank, N.A.

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LAW OFFICE OF PETER FREDMAN

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12
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By:

/s/ Peter B. Fredman
Peter B. Fredman

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Attorneys for Plaintiffs

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Spero

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seph C.

Judge Jo

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Dated: 4/18/13

NO

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07725.0128/2657172.1

3:10-cv-01667-JCS
2
STIPULATION REGARDING PRELIMINARY CLASS SETTLEMENT APPROVAL