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

Filing 65

STIPULATION AND ORDER RE: COURT-ORDERED MEDIATION. Signed by Judge Joseph C. Spero on 3/1/12. (klhS, COURT STAFF) (Filed on 3/2/2012)

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MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
ALEX C. SEARS (State Bar No.232491)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
WELLS FARGO BANK, N.A.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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12 GUSTAVO REYES and MARIA TERESA
GUERRERO, husband and wife, individually
13 and on behalf of others similarly situated,
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Case No.: 3:10-cv-01667-JCS
STIPULATION AND [PROPOSED] ORDER
RE: COURT-ORDERED MEDIATION

Plaintiffs,

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vs.

16 WELLS FARGO BANK, N.A., a national
bank; and DOES 1-100, inclusive,
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Defendants.
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Judge:
The Hon. Joseph C. Spero
Complaint Filed: Mar. 11, 2010
Trial Date:
(not yet set)

WHEREAS, on August 29, 2010, this Court ordered plaintiffs Gustavo Reyes and Maria

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Teresa Guerrero and defendant Wells Fargo Bank, N.A., to mediate this case pursuant to Local

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Rule 6; and

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WHEREAS, the parties agreed to schedule the mediation before the court-appointed
mediator; and

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WHEREAS, the parties subsequently agreed to conduct a mediation before a private

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mediator, namely, Hon. Ronald M. Sabraw (Ret.) of JAMS, in lieu of the court-appointed

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mediation procedure; and

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07725/0128/2143071.1

STIPULATION AND [PROPOSED] ORDER RE: MEDIATION

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WHEREAS, the parties previously submitted a stipulation and proposed order to the Court

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informing the Court of their decision to mediate before Retired Judge Sabraw and requesting a

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continuance of the schedule for class certification; and

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WHEREAS, the Court entered the proposed order on December 21, 2011 directing the
parties to mediate as they had agreed; and

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WHEREAS, the parties held the agreed-upon mediation before Retired Judge Sabraw on
February 16, 2012; and

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WHEREAS, the parties believe that the mediation before Retired Judge Sabraw was
productive and resulted in progress toward settlement, though they have not yet reached a final
resolution; and

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WHEREAS, the parties believe that their mediation before Retired Judge Sabraw

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constituted satisfaction of their agreement to mediate this matter, and that court-appointed

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mediation is unnecessary;

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WHEREFORE, the parties agree and hereby stipulate as follows:

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1.

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That the February 16, 2012 mediation session satisfied their obligation to mediate
this case pursuant to the Court’s August 29, 2010 order; and

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07725/0128/2143071.1

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STIPULATION AND [PROPOSED] ORDER RE: MEDIATION

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That mediation before the court-appointed mediator is unnecessary in light of the
parties’ February 16, 2012 mediation.

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

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parties.

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DATED: February 29, 2012

LAW OFFICES OF PETER B. FREDMAN
LAW OFFICES OF DAVID PIVOTRAK

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By:

/S/Peter B. Fredman
Peter B. Fredman
Attorneys for Plaintiffs

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DATED: February 29, 2012

SEVERSON & WERSON
A Professional Corporation

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By:

/S/ Michael J. Steiner
Michael J. Steiner

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Attorneys for Defendant
WELLS FARGO BANK, N.A.

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PURSUANT TO THE STIPULATION,

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IT IS ORDERED that the parties have satisfied their obligation to mediate this
case pursuant to the Court’s August 29, 2010 order, and that the Court hereby VACATES its

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previous referral to court-appointed mediation.

RT
U
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March 1, 2012
Date:________________________

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S DISTRICT
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UNIT
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FO

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Judge

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R NIA

______________________________
Hon. Joseph C. Spero
U.S. MAGISTRATEC. Spero
JUDGE
Joseph

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07725/0128/2143071.1

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STIPULATION AND [PROPOSED] ORDER RE: MEDIATION