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

Filing 63

STIPULATION AND ORDER CONTINUING HEARING AND BRIEFING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION TO FACILITATE MEDIATION. Motion for Class Cert due by 3/21/2012. Replies due by 5/11/2012. Responses due by 4/23/2012. Court to set hearing date on the Motion for Class Cert. Signed by Judge Joseph C. Spero on 12/21/11. (klh, COURT STAFF) (Filed on 12/21/2011)

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Steve W. Berman (Pro Hac Vice Pending)
Thomas E. Loeser (State Bar No. 202724)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Peter B. Fredman (Cal. State Bar No. 189097)
LAW OFFICE OF PETER FREDMAN
125 University Ave, Suite 102
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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David Pivtorak (State Bar #255943)
LAW OFFICE OF DAVID PIVTORAK
50 Francisco St., Suite 103
San Francisco, CA 94133
Telephone: [phone]
Fax: [phone]
email: [e-mail]

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Attorney for Plaintiffs,
GUSTAVO REYES and MARIA
TERESA GUERRERO, husband and wife,
individually, and on behalf of others similarly situated

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
) Case No. C 10-01667 (JCS)
GUSTAVO REYES and MARIA TERESA
GUERRERO, husband and wife, individually, )
) CLASS ACTION
and on behalf of others similarly situated,
)
) STIPULATION AND (PROPOSED)
Plaintiffs,
)
v.
) ORDER CONTINUING HEARING AND
) BRIEFING SCHEDULE FOR MOTION
) FOR CLASS CERTIFICATION TO
WELLS FARGO BANK, N.A., a national
) FACILITATE MEDIATION
bank; and DOES 1-100, inclusive,
)
) Hon. Magistrate Judge Joseph C. Spero
Defendants.
)

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STIPULATION AND (PROPOSED) ORDER CONTINUING HEARING AND BRIEFING
SCHEDULE FOR MOTION FOR CLASS CERTIFICATION TO FACILIATE MEDIATION

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RECITALS

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WHEREAS:

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1.

Pursuant to the stipulated order filed September 6, 2011 (Dkt. #61), this matter is

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currently set for hearing on class certification on April 6, 2012, with Plaintiffs’ opening brief is

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due January 9, 2012.

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2.

Following further discovery and discussion, the parties desire to mediate the case,

and to do so prior to the commencement of class certification briefing and related expenses.
3.

The parties have agreed to mediate this matter for a full day before Hon. Ronald

Sabraw (Ret.) of JAMS on February 16, 2012.

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4.

The parties believe that having mediation prior to briefing class certification is

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likely to serve the interests of justice and conserve judicial resources and warrants continuance of
the hearing date and briefing schedule as set forth below.

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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.

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The parties will mediate this matter for a full day before Hon. Ronald Sabraw

(Ret.) of JAMS on February 16, 2012.
2.

Plaintiffs’ deadline to file their motion for class certification is extended from

January 9, 2012 to March 21, 2012.

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3.

Wells Fargo’s opposition to the motion shall be due April 23, 2012.

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4.

Plaintiffs’ reply brief shall be due May 11, 2012.

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5.

The hearing on the motion for class certification shall be continued to the soonest

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available hearing date based on this briefing schedule except that the parties request that the

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hearing not be scheduled for any date between June 16 and July 16, 2012.

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6.

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

of all parties.

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___________________________________________
STIPULATION AND (PROPOSED) ORDER CONTINUING HEARING AND BRIEFING
SCHEDULE FOR MOTION FOR CLASS CERTIFICATION TO FACILIATE MEDIATION

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IT IS SO STIPULATED

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DATE: December 20, 2011
HAGENS BERMAN SOBOL SHAPIRO LLP
LAW OFFICE OF PETER FREDMAN
LAW OFFICE OF DAVID PIVTORAK

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By: /s/ Peter Fredman
Attorneys for Plaintiffs

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DATE: December 20, 2011

SEVERSON & WERSON
A Professional Corporation

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By: /s/ Michael J. Steiner
Attorney for Defendant

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ORDER
1.

The parties shall mediate as agreed.

2.

TO BE SET BY ________
The hearing on class certification shall be on ____________ atTHE COURT - JCS

2.

Plaintiffs shall file their motion for class certification by March 21, 2012.

3.

Defendant’s opposition shall be due April 23, 2012.

4.

Plaintiffs’ reply brief is due May 11, 2012.

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R NIA

LI

H

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Spero
seph C.
Judge Jo

______________________________
ER
Hon. Joseph C. Spero
C
N
F
D IS T IC O
U.S. MAGISTRATETJUDGE
R
RT

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NO

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12/21/11
Date:________________________

A

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S DISTRICT
TE
C
TA

FO

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UNIT
ED

S

IT IS SO ORDERED

RT
U
O

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STIPULATION AND (PROPOSED) ORDER CONTINUING HEARING AND BRIEFING
SCHEDULE FOR MOTION FOR CLASS CERTIFICATION TO FACILIATE MEDIATION