Chandler et al v. Wells Fargo & Company et al

Filing 31

ORDER RESETTING FURTHER CMC FROM 10/26/12 TO 1/17/13. Case Management Statement due by 1/10/2013. Further Case Management Conference set for 1/17/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge EDWARD M. CHEN on 10/23/12. (bpf, COURT STAFF) (Filed on 10/23/2012)

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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

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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: 10/26/2012
Time: 10:30 a.m.
Courtroom: 5
Judge: Hon. Edward M. Chen

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Defendants.

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Defendant Wells Fargo and Plaintiffs in the Chandler action (Case C11-3841
EMC) hereby submit this joint Case Management 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
set.

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SETTLEMENT DISCUSSIONS

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The parties have been working together cooperatively in an attempt to settle

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the matter globally. The Court placed limitations on discovery to assist with

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settlement discussions. (Docket # 20.) Since the last Case Management Conference,

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the parties have continued to work together toward settlement.

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The parties have already resolved the claims of six plaintiffs and are

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continuing to work together cooperatively toward global settlement. The settlement

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negotiation process has proceeded more slowly than the parties had hoped, in part

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due to the complexity of coordinating some 52 individual plaintiffs. The parties
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nevertheless continue to make progress.

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After exchanging data for more than 50 plaintiffs concerning dates of

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employment and compensation, and after analysis of the data, on August 2, 2012,

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Plaintiffs made a global settlement demand to resolve the entire action. Wells Fargo

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made a counter-offer to globally resolve the matter on October 18, 2012. Plaintiffs

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have just received that demand and are in the process of evaluating it.

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The parties request that the Court set a further Case Management Conference

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for 90 days out in order to give the parties sufficient time to complete their

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discussions and possibly resolve the entire action.

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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: October 19, 2012

CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP

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By

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/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
KAI CHANDLER and all other plaintiffs

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DATED: October 19, 2012

LITTLER MENDELSON, P.C.
By

/s/ Lindbergh Porter
LINDBERGH PORTER
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108-2693
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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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October 19, 2012

_/s/ Charles S. Russell

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Charles S. Russell

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G:\PLF\0110002\Pldgs\CMC Statement 10-26-12.doc

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O OR
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Edward M. Chen
United States District JudgeDERED

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IT IS SO ORDERED that the Further CMC is reset from 10/26/12 to
1/17/13 at 10:30 a.m. An updated joint CMC Statement shall be
filed by 1/10/13.
ISTR

UNIT
ED

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D IS T IC T O
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