Chandler et al v. Wells Fargo & Company et al

Filing 48

ORDER RESETING CMC. Case Management Statement due by 5/1/2014. Further Case Management Conference set for 5/8/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/5/13. (bpf, COURT STAFF) (Filed on 12/5/2013)

Case3:11-cv-03841-EMC Document47 Filed12/03/13 Page1 of 4

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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

CMC Date: 12/10/2013
Time: 10:30 a.m.
Courtroom: 5
Judge: Hon. Edward M. Chen

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Defendants.

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Case3:11-cv-03841-EMC Document47 Filed12/03/13 Page2 of 4

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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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All Defendants have been served and have answered.

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To facilitate global resolution, the parties to the Chandler action agreed to

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take a single plaintiff’s case to trial as a test case before a magistrate judge without a

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jury. The parties selected Plaintiff Kelly Dodd as the test plaintiff, and she and

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Wells Fargo entered into a stipulation and proposed order setting forth their

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agreement. Judge Chen signed the order (Docket 44), and severed Kelly Dodd’s

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case from the rest of the Chandler action (Docket 45). The Dodd matter was

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assigned to Magistrate Judge Maria-Elena James in Courtroom B, and given case

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number C-13-01365 MEJ. (Docket number 46.) The Dodd matter has been set for

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trial on April 21, 2014. Discovery in the Dodd matter is underway.

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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. There were originally 58 individual plaintiffs in this action. The

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claims of 12 have been resolved and dismissed so far, and 46 plaintiffs remain.

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The parties continue to negotiate in an attempt to resolve the remaining
claims.

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Case3:11-cv-03841-EMC Document47 Filed12/03/13 Page3 of 4

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FURTHER CASE MANAGEMENT

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The parties request that this matter continue to remain stayed pending

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resolution of the Dodd matter, and that the Case Management Conference scheduled

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for December 10, 2013 be taken off calendar and continued until May 6, 2014 to

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allow the parties to complete trial of the Dodd matter if not settled first.

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The filer attests that concurrence in the filing of the document has been

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obtained from each of the other signatories.

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DATED: December 3, 2013

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: December 3, 2013

LITTLER MENDELSON, P.C.
By

/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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Case3:11-cv-03841-EMC Document47 Filed12/03/13 Page4 of 4

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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
of this filing will be sent by e-mail to all parties by operation of the court’s

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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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December 3, 2013

_/s/ Charles S. Russell

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Charles S. Russell

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G:\PLF\0110002\Pldgs\CMC Statement 12-3-13.doc

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IT IS SO ORDERED that the CMC is reset for 5/8/14 at 10:30 a.m.
An updated joint CMC statement shall be filed by 5/1/14.
__________________
DISTRIC
TC
Edward M. Chen ES
T
TA Judge
U.S. District

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