Chandler et al v. Wells Fargo & Company et al

Filing 24

ORDER RESETTING CMC Case Management Statement due by 6/15/2012. Further Case Management Conference set for 6/22/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/28/12. (bpf, COURT STAFF) (Filed on 2/28/2012)

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ROBERT W. THOMPSON, Esq. (SBN 106411)
CHARLES S. RUSSELL, Esq. (SBN 219934)
CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP
2601 Main Street, Suite 800
Irvine, California 92614
Tel.: [phone]
Fax: [phone]
Email : [e-mail]
Email : [e-mail]
Attorneys for Plaintiffs,
KAI CHANDLER et al (see signature page for full listing)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KAI CHANDLER, et al.

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Plaintiffs,

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vs.

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Case No.: C11-3841 EMC
JUDGE EDWARD M. CHEN
COURTROOM: 5
COMPLAINT DATE: 08/04/11

WELLS FARGO & COMPANY, a
Delaware corporation; WELLS FARGO
HOME MORTGAGE, INC., a
California corporation, WELLS
FARGO BANK, N.A., and DOES 1 –
10, inclusive,

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JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
ORDER RESETTING CMC

CMC Date: 3/2/2012
Time: 10:30 a.m.
Courtroom: 5
Judge: Hon. Edward M. Chen

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Defendants.

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Pursuant to the Court’s November 7, 2011 Civil Minutes (Docket # 17,

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entered in Case 3:10-cv-02678 EMC), Defendant Wells Fargo and Plaintiffs in the

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Chandler action (Case C11-3841 EMC) hereby submit this joint Case Management

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Conference Statement.

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CASE STATUS

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The Chandler matter involves claims by individual plaintiffs who worked as

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Home Mortgage Consultants for defendant Wells Fargo, and alleges unpaid

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overtime wages pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

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The plaintiffs in the Chandler matter were either involved in the prior MDL action

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In Re Wells Fargo Overtime Litigation as class members prior to the class being

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decertified as part of a settlement, or worked for Wells Fargo after the class period in

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the prior action.

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On December 6, 2011, this Court terminated the MDL action. (Docket # 18

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(all docket entries refer to the Chandler matter unless otherwise indicated).) On

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January 9, 2012, Plaintiffs filed a second administrative motion to determine

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whether this case is related to other individual cases that were once associated with

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the MDL, which Wells Fargo did not oppose. (Docket # 24 in Aiello v. Wells Fargo

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Bank NA, case 3:10-cv-00744-EMC.) This Court ordered the Chandler case related

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to the other individual cases on January 11, 2012. (Docket # 19.)

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All parties have been served and have answered, and no trial date has been

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set. On plaintiff, George Turner, filed a Stipulation of Dismissal of his claims.

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(Docket # 21.)

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SETTLEMENT DISCUSSIONS

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At the last Case Management Conference on November 11, 2011, the parties

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to the Chandler action informed the Court they were working together cooperatively

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in an attempt to settle the matter. The Court placed limitations on discovery to assist

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with settlement discussions, and set a further Case Management Conference for

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March 2, 2012. (Docket # 20.)
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Since the last Case Management Conference, the parties have continued to

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work together toward settlement. After the last Case Management Conference,

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Plaintiffs informally requested certain data from Wells Fargo necessary for

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settlement discussions, including dates of employment and compensation

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information. On February 22, 2012, Wells Fargo produced such data for

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approximately 35 of the 57 remaining plaintiffs in the Chandler matter. Wells Fargo

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is in the process of gathering the data for the remaining plaintiffs.

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As the parties are continuing to work together cooperatively toward
settlement, the parties request that the Court set a further Case Management

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Conference for 90 to 120 days out in order to give the parties sufficient time to

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complete their discussions.

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The filer attests that concurrence in the filing of the document has been
obtained from each of the other signatories.

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DATED: February 23, 2012

CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP

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By

/s/ Charles S. Russell
ROBERT W. THOMPSON
CHARLES S. RUSSELL
CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP
2601 Main Street, Suite 800
Irvine, California 92614
Tel.: [phone]
Fax: [phone]
Email : [e-mail]
Email : [e-mail]
Attorneys for Plaintiff
GEORGE TURNER (and all other
plaintiffs)

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DATED: February 23, 2012

LITTLER MENDELSON, P.C.

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By

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/s/ Lindbergh Porter
LINDBERGH PORTER
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Tel.: [phone]
Fax: [phone]
Email : [e-mail]
Attorneys for Defendants
WELL FARGO & COMPANY, WELLS
FARGO HOME MORTGAGE, INC., and
WELLS FARGO BANK, N.A.

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CERTIFICATE OF SERVICE

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I hereby certify that a copy of the foregoing was filed electronically and notice
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of this filing will be sent by e-mail to all parties by operation of the court’s
electronic filing system or by mail to anyone unable to accept electronic filing as
indicated on the Notice of Electronic Filing. Parties may access this filing through
the court’s EM/ECF System.

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February 23, 2012

_/s/ Charles S. Russell

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Charles S. Russell

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G:\PLF\0110002\Pldgs\CMC Statement 3-2-12.doc

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Edward M. Chen
U.S. District Judge

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__________________

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IT IS SO ORDERED that the Further CMC is reset from 3/2/12 to 6/22/12 at 10:30 a.m. An
updated joint CMC Statement ISTR filed by 6/15/12.
D shall be

UNIT
ED

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