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)

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1 MICHAEL J. STEINER (State Bar No. 112079) 2 MARK D. LONERGAN (State Bar No. 143622) 3 ALEX C. SEARS (State Bar No. 232491) 4 SEVERSON & WERSON A Professional Corporation 5 One Embarcadero Center, Suite 2600 San Francisco, California 94111 6 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 7 Attorneys for Defendant Wells Fargo Bank, N.A. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA— SAN FRANCISCO DIVISION 11 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 19 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: 24 25 26 27 28 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 6 7 By: 8 /s/ Michael J. Steiner Michael J. Steiner 9 Attorneys for Defendant Wells Fargo Bank, N.A. 10 LAW OFFICE OF PETER FREDMAN 11 12 13 By: /s/ Peter B. Fredman Peter B. Fredman 14 Attorneys for Plaintiffs 15 RT ER 21 Spero A H 20 seph C. Judge Jo LI Dated: 4/18/13 NO 19 ERED O ORD IT IS S R NIA S UNIT ED 18 RT U O 17 ISTRIC ES D TC AT T FO 16 N F D IS T IC T O R C 22 23 24 25 26 27 28 07725.0128/2657172.1 3:10-cv-01667-JCS 2 STIPULATION REGARDING PRELIMINARY CLASS SETTLEMENT APPROVAL

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