McDaniel et al v. Wells Fargo Investments, LLC et al

Filing 17

STIPULATION AND ORDER Re: Filing of First Amended Complaint; Withdrawal of Motion to Transfer and Recheduling the Case Managment Conference from 5/27/11 to 8/26/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 3/31/11. (tdm, COURT STAFF) (Filed on 3/31/2011)

McDaniel et al v. Wells Fargo Investments, LLC et al

Doc. 17

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MALCOLM A. HEINICKE (State Bar No. 194174) [e-mail] MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: [phone] Facsimile: [phone] TERRY E. SANCHEZ (State Bar No. 101318) SHOSHANA E. BANNETT (State Bar. No. 241977) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, Thirty-Fifth Floor Los Angeles, California 90071-1560 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT

11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 Defendants. 23 24 25 26 27 28
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DOUGLAS K. McDANIEL and BRYAN CLARK, on behalf of themselves, all others similarly situated, and the general public, Plaintiffs, vs. WELLS FARGO INVESTMENTS, LLC, a Delaware limited liability company, WELLS FARGO BANK, N.A., a National Association, WELLS FARGO ADVISORS, LLC, formerly known as Wachovia Securities, LLC, a Delaware limited liability company, and DOES 1 through 50 inclusive,

CASE NO. CV 10 4916 SC STIPULATION AND [PROPOSED] ORDER RE: FILING OF FIRST AMENDED COMPLAINT; WITHDRAWAL OF MOTION TO TRANSFER AND SCHEDULING

STIPULATION CASE NO. CV 10 491
Dockets.Justia.com

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WHEREAS, Plaintiffs bring this putative employment class action, and Defendants have removed it to this Court pursuant to the Class Action Fairness Act of 2005; WHEREAS, Defendants have filed a motion to transfer venue to the United States District Court for the Eastern District of California, pursuant to 28 U.S.C. §1404, and that motion has been noticed for a hearing on April 29, 2011; WHEREAS, the parties previously agreed to extend Defendants' time to answer or otherwise respond to the complaint until after the resolution of this motion to transfer; WHEREAS, in light of developments in other actions and for other reasons, Plaintiffs wish to amend their complaint to dismiss certain claims and focus on a claim alleging violations of California Labor Code section 450; WHEREAS, in light of developments in other actions and Plaintiffs' stated intention to amend their complaint, Defendants wish to withdraw without prejudice their motion to transfer this case to the United States District Court for the Eastern District of California; WHEREAS, Defendants stipulate to Plaintiffs' filing of the proposed First Amended Complaint (attached hereto as Exhibit A) and the associated dismissal without prejudice of the previously pled claims now omitted from the First Amended Complaint, provided Defendants expressly reserve the right to challenge the First Amended Complaint and allegations therein on any and all grounds, and do not waive any arguments or defenses; WHEREAS, the parties agree that Defendants' deadline to answer or otherwise respond to the First Amended Complaint shall be thirty (30) days from the filing of the First Amended Complaint following the entry of the stipulated Order below, unless subsequently stipulated otherwise; WHEREAS, the parties agree that, given that it is anticipated that Defendants will not initially answer the First Amended Complaint but instead file a pleading motion such as a motion to dismiss, court and party resources would be best preserved if the Case Management Conference currently scheduled for May 27, 2011 at 10:00 a.m. (and associated deadlines) is continued and held after the initial pleading motion(s) are resolved, a process the parties anticipate will not take longer than one hundred twenty (120) days;
13511252.1

STIPULATION CASE NO. CV 10 491

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WHEREAS, through this stipulation, Plaintiffs and Defendants do not concede any procedural or substantive rights; NOW THEREFORE, Plaintiffs and Defendants through their counsel of record stipulate to the following and respectfully request an order to this effect: IT IS HEREBY STIPULATED that (a) Plaintiffs may file the First Amended Complaint; (b) Defendants shall answer or otherwise respond to the First Amended Complaint within thirty (30) days of the filing of the First Amended Complaint; (c) the Case Management Conference currently scheduled for May 27, 2011 at 10:00 a.m. (along with its associated deadlines) is hereby continued one hundred twenty (120) days to August 26, 2011 at 10:00 a.m. or as soon thereafter as may be heard by the Court; and (d) the pending motion to transfer filed by Defendants be /// ///

13511252.1

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STIPULATION CASE NO. CV 10 4916

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deemed withdrawn without prejudice. DATED: March 28, 2011 Law Offices Of William P. Torngren WILLIAM P. TORNGREN

By /s/ William P. Torngren WILLIAM P. TORNGREN Attorneys for Plaintiffs

DATED: March 28, 2011

Munger, Tolles & Olson LLP

By: /s/ Malcolm A. Heinicke MALCOLM A. HEINICKE Attorneys for Defendants 1 PURSUANT TO STIPULATION, IT IS SO ORDERED that (a) Plaintiffs may file (through the Court's e-filing system) the First Amended Complaint in the form submitted with this stipulation and proposed order; (b) Defendants shall answer or otherwise respond to the First Amended Complaint within thirty (30) days of Plaintiffs' filing of the First Amended Complaint; (c) the Case Management Conference currently scheduled for May 27, 2011 at 10:00 a.m. (and associated deadlines) is hereby continued to August 26, 2011 at 10:00 a.m.; (d) Defendants' motion to transfer the case to the United States District Court for the Eastern District of California (Docket Entry Nos. 10 and 15) is hereby deemed withdrawn without prejudice and the hearing on
UNIT ED
ISTRIC ES D TC AT T

I, Malcolm A. Heinicke, am the ECF User whose identification ER N password areCbeing and F D S T I DEADLINE used to file this STIPULATION AND [PROPOSED] ORDER TO EXTENDITHE C T O R FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT. In compliance with General Order 45.X.B., I hereby attest that William P. Torngren concurred in this filing.
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STIPULATION CASE NO. CV 10 4916

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Judge S

amuel C

onti

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3/31/11 O ORD _________________________________ IT IS S THE HONORABLE SAMUEL CONTI
ERED
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April 29, 2011 is vacated.

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EXHIBIT A

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STIPULATION CASE NO. CV 10 4916