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

Filing 37

STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DISCOVERY AND FILING MOTION FOR CLASS CERTIFICATION. Motion for Class Certification due by 4/29/2011. Signed by Judge Joseph C. Spero on 11/19/10. (klh, COURT STAFF) (Filed on 11/22/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Peter B. Fredman (Cal. State Bar No. 189097) LAW OFFICE OF PETER FREDMAN 125 University Ave, Suite 102 Berkeley, CA 94710 Telephone: (510) 868-2626 Facsimile: (510) 868-2627 peter@peterfredmanlaw.com David Pivtorak (State Bar No. 255943) LAW OFFICE OF DAVID PIVTORAK 166 Santa Clara Ave. Suite 205 Oakland, California 94610 Telephone (510) 658-2500 Facsimile: (877) 748-4529 pivtoraklaw@gmail.com Attorney for Plaintiffs, GUSTAVO REYES and MARIA TERESA GUERRERO, husband and wife, individually, and on behalf of others similarly situated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GUSTAVO REYES and MARIA TERESA ) GUERRERO, husband and wife, individually, ) and on behalf of others similarly situated, ) ) Plaintiffs, ) v. ) ) ) WELLS FARGO BANK, N.A., a national ) bank; and DOES 1-100, inclusive, ) ) Defendants. ) ) ) Case No. C 10-01667 (JCS) CLASS ACTION STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME FOR DISCOVERY AND FILING MOTION FOR CLASS CERTIFICATION WHEREAS, on September 10, 2010, at the Initial Case Management Conference ("CMC"), the Court set a deadline of March 18, 2011 for Plaintiffs to file a motion for class certification and ordered the parties to commence discovery as necessary; WHEREAS, on September 22, 2010, pursuant to stipulation, Plaintiffs filed a First Amended Complaint ("FAC") as discussed at the CMC; 1 ___________________________________________ STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME FOR DISCOVERY AND FILING MOTION FOR CLASS CERTIFICATION -- Reyes v. Wells Fargo -- NO. 10-01667 (JCS) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on October 12, 2010, Plaintiffs served class discovery on Defendant as discussed at the CMC; responses were due November 15, 2010. WHEREAS, on October 13, 2010, Defendant filed and served a motion to dismiss the FAC noticing the hearing for November 19, 2010. Thereafter, Plaintiffs requested that the hearing be continued to December 3, 2010 and Defendant accommodated that request amending its notice for that date. Subsequently, the Court continued the hearing date again, setting it for December 17, 2010. WHEREAS, on November 15, 2010, Defendant served responses to discovery that objected to class discovery on the primary grounds of burden and, among others, of the pending motion to dismiss the FAC, which is potentially dispositive. WHEREAS, on November 15-17, 2010, the parties met and conferred regarding Plaintiffs impending motion to compel discovery. THEREFORE, the parties propose the following resolution of the discovery dispute subject to Court approval: 1. The deadline for filing the motion for class certification shall be extended from March 18, 2011 to April 29, 2011. 2. Defendant will file supplemental discovery responses to the class discovery on December 22, 2010 if the motion to dismiss does not dispose of the action. 3. Plaintiffs will not file a motion to compel pending review of the supplemental responses. IT IS SO STIPULATED DATE: November 18, 2010 LAW OFFICE OF PETER B. FREDMAN LAW OFFICES OF DAVID PIVTORAK By: /s/ Peter Fredman Attorney for Plaintiffs 2 ___________________________________________ STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME FOR DISCOVERY AND FILING MOTION FOR CLASS CERTIFICATION -- Reyes v. Wells Fargo -- NO. 10-01667 (JCS) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DATE: November 18, 2010 SEVERSON & WERSON A Professional Corporation By: /s/ Joshua E. Whitehair Attorney for Defendant ORDER IT IS SO ORDERED 1. The deadline for filing the motion for class certification is extended from March 18, 2011 to April 29, 2011. 2. Defendant will file supplemental discovery responses to the class discovery on December 22, 2010 if the motion to dismiss does not dispose of the action. 3. Plaintiffs will not file a motion to compel pending review of the supplemental responses. ISTRIC ES D TC AT T RT U O 22 23 24 25 26 27 28 ______________________________ ER N Hon. JosephDC. Spero O F C IS T RIC T U.S. MAGISTRATE JUDGE A 3 ___________________________________________ STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME FOR DISCOVERY AND FILING MOTION FOR CLASS CERTIFICATION -- Reyes v. Wells Fargo -- NO. 10-01667 (JCS) LI FO 21 11/19/10 Date:________________________ Judge Jo seph C. Spero R NIA 20 UNIT ED NO 19 S RT H

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