Hudson v. Wells Fargo Bank, N.A.

Filing 32

STIPULATION AND ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Joseph C. Spero on 2/8/12. (klhS, COURT STAFF) (Filed on 2/8/2012)

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MARK D. LONERGAN (State Bar No. 143622)
ERIK KEMP (State Bar No. 246196)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
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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11 VICTORIA HUDSON, on behalf of herself
and all others similarly situated,
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Plaintiff,
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vs.
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WELLS FARGO BANK, N.A., a Delaware
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Case No.: C11-03966 JCS

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Complaint filed: August 12, 2011

Defendants.

Class Action
STIPULATION FOR DISMISSAL OF
ENTIRE ACTION WITH PREJUDICE
[Fed. R. Civ. P., Rule 41(a)]

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Plaintiff Victoria Hudson (“Hudson”) and defendant Wells Fargo Bank, N.A., (“Wells
Fargo”), through their counsel, stipulate as follows:
1.

Hudson filed this putative class action against Wells Fargo alleging that Wells Fargo

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failed to pay her interest that accrued on her rehabilitation escrow account. Hudson asserted claims

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for breach of contract and breach of fiduciary duty arising out of the alleged conduct.

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2.

After the lawsuit was filed, Hudson and Wells Fargo conducted an investigation of

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the claims asserted. Based upon the investigation, Hudson no longer wishes to pursue her class

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claims and has agreed to dismiss with prejudice her individual claims against Wells Fargo.

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3.

No motion for class certification has been filed in this matter, and the Court has not

certified any class.
07685/1074/2118741.1

Stipulation for Dismissal of Action
Case No.: C11-03966 JCS

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4.

The dismissal of this case will not preclude putative class members’ claims, if any.

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Wells Fargo denies that it breached any contract, breached or owed any fiduciary duty, or violated

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any applicable law with respect to Hudson or any member of the putative class alleged by Hudson.

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5.

Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows the parties to

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stipulate to the dismissal of an action at any time. Rule 23(e) does not limit the right to stipulate to

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dismissal of this putative class action because it only applies to certified classes, and no class has

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been certified in this matter. No notice is required to putative class members under Rule 23(e)

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since, as explained above, the settlement and dismissal does not bind them in any way.

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Accordingly, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure,

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Hudson and Wells Fargo agree that the action shall be dismissed in its entirety and with prejudice

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with respect to the claims by Hudson individually against Wells Fargo, and without prejudice as to

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any claims by the putative, uncertified class against Wells Fargo.

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Hudson and Wells Fargo further agree that each party shall bear her or its own costs and
attorneys’ fees.
IT IS SO STIPULATED.
DATED: February 7, 2012

SEVERSON & WERSON
A Professional Corporation

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By:
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/s/ Erik Kemp
Erik Kemp

Attorneys for Defendants
WELLS FARGO BANK, N.A.

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seph C.

NO

RT

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Judge Jo

ER

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By:
Spero

/s/ Robert M. Bramson
Robert M. Bramson

Attorneys for Plaintiff
VICTORIA HUDSON
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A

H

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ERED

O ORD

IT IS S

R NIA

Dated: February 8, 2012

BRAMSON, PLUTZIK, MAHLER &
BIRKHAEUSER, LLP

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ISTRIC
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UNIT
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DATED: February 7, 2012

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D IS T IC T O
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Attestation: I, Erik Kemp, am the ECF user whose identification and password are being used to
file this Stipulation for Dismissal of Entire Action with Prejudice. I hereby attest that Robert M.
Bramson has concurred in this filing.
/s/ Erik Kemp
-207685/1074/2118741.1

Stipulation for Dismissal of Action
Case No.: C11-03966 JCS