McKenzie v. Wells Fargo Home Mortgage, Inc. et al

Filing 157

ORDER, signed 6/18/13, re 138 Administrative Motion to File Under Seal filed by Clifford McKenzie, Daniel Biddix for Dft Wells Fargo to file Exh. 1-42 Plas' Motice of Motion for Class Certification, and Decl. of Arthur Olsen. Signed by Judge Joseph C. Spero on 6/18/13. (klhS, COURT STAFF) (Filed on 6/18/2013)

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 MARK D. LONERGAN (State Bar No. 143622)
[e-mail]
3 PHILIP BARILOVITS (State Bar No. 199944)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendants
8 WELLS FARGO & COMPANY, WELLS
FARGO INSURANCE, INC., AND WELLS
9 FARGO BANK, N.A. (including its Division
Wells Fargo Home Mortgage, incorrectly sued as
10 Wells Fargo Home Mortgage, Inc.)
11

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

13
14 CLIFFORD McKENZIE, DANIEL BIDDIX,
ROBIN BIDDIX, DAVID KIBILOSKI, and
15 VIRGINIA RYAN, on behalf of themselves
and all others similarly situated,
16
Plaintiffs,
17
vs.
18
WELLS FARGO HOME MORTGAGE, INC.,
19 a California corporation, WELLS FARGO
BANK, N.A., WELLS FARGO &
20 COMPANY, WELLS FARGO INSURANCE,
INC., and DOES 1 through 10, inclusive,
21
Defendants.
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Case No. 3:11-cv-04965-JCS
[PROPOSED] ORDER ON PLAINTIFFS’
ADMINISTRATIVE MOTION FOR
SEALING ORDER
[Filed concurrently with Declaration of David
Franske in Support of Plaintiffs’
Administrative Motion for Sealing Order]
Date:
Time:
Crtrm.:
Judge:

September 13, 2013
9:30 a.m.
G, 15th Floor
Hon. Joseph C. Spero

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07725.0142/2759707.1

3:11-cv-04965-JCS
ORDER ON PLAINTIFFS’ ADMINISTRATIVE MOTION FOR SEALING ORDER

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Pursuant to Civil L.R. 79-5(d), Defendants Wells Fargo Home Mortgage, Inc., Wells Fargo

2 Bank, N.A., Wells Fargo & Company, and Wells Fargo Insurance, Inc. (collectively, “Wells
3 Fargo”), have submitted a declaration establishing that portions of Plaintiffs’ Notice of Motion
4 and Motion for Class Certification and Memorandum of Points and Authorities and the
5 accompanying exhibits are confidential, as set forth in more detail below.
6

The Declaration of David Franske filed June 14, 2013, establishes that the information and

7 documents sought to be sealed reflect confidential information appropriately designated as
8 protected pursuant to Court’s Order (Dkt. No. 95) approving the parties’ Stipulated Protective
9 Order (Dkt. No. 94) and/or the Court’s Discovery Order (Dkt. No. 121).
10

Good cause appearing, the Court GRANTS Plaintiffs’ Administrative Motion for Sealing

11 Order (Dkt. No. 138) in part.
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The Court ORDERS that the following be filed under seal:

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DOCUMENT

PORTIONS ACCEPTED UNDER SEAL

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Exhibit 1 to the Declaration of Kai Richter in
Support of Plaintiffs’ Motion for Class
Certification, the May 1, 2012 Deposition of
Dave Franske

Pages 115, 199, 248-50, 260, 269, 270, 271:17, 271:14-25, 272-75, 279-80

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Pages 104

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Pages 124-125, 201-02, 204-07, 289-90, 29294, 321-22, 324

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Pages 266, 437

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Pages 225, 228-33, 236-38, 243-44, 255, 25759

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Page 366

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Pages 405-07, 409-10

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Exhibit 2 to the Declaration of Kai Richter in
Support of Plaintiffs’ Motion for Class
Certification, the May 1, 2012 Deposition of
Mike Northagen

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Pages 88:7-25, 90, 115
Pages 85-87:18

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Pages 77-79

Exhibit 3 to the Declaration of Kai Richter in
Support of Plaintiffs’ Motion for Class
Certification, the June 7, 2012 Deposition of
Mary Coffin

Page 19

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07725.0142/2759707.1

3:11-cv-04965-JCS
1
ORDER ON PLAINTIFFS’ ADMINISTRATIVE MOTION FOR SEALING ORDER

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Exhibit 4 to the Declaration of Kai Richter in Pages 25-26, 44, 78-79
Support of Plaintiffs’ Motion for Class
Certification, the May 30, 2012 Deposition of
Ryan Haselby
Exhibit 5 to the Declaration of Kai Richter in Page 36
Support of Plaintiffs’ Motion for Class
Certification, the June 20, 2012 Deposition of
Beverly Reynolds
Exhibit 6 to the Declaration of Kai Richter in
Support of Plaintiffs’ Motion for Class
Certification, the June 8, 2012 Deposition of
Bill Tucker

Pages 44-45, 48-49

Exhibit 7 to the Declaration of Kai Richter in Pages 64, 79-84
Support of Plaintiffs’ Motion for Class
Certification, the June 15, 2012 Deposition of
Tamara Golden
Exhibit 8 to the Declaration of Kai Richter in Pages 93-95
Support of Plaintiffs’ Motion for Class
Certification, the June 21, 2012 Deposition of
Ronald Mark Chapman
Exhibit 9 to the Declaration of Kai Richter in Pages 220-222
Support of Plaintiffs’ Motion for Class
Certification, the June 22, 2012 Deposition of
Ronald Wilson
Exhibit 10 to the Declaration of Kai Richter
Pages 653-54, 663-64
in Support of Plaintiffs’ Motion for Class
Certification, the May 14, 2013 Deposition of
Dave Franske
Exhibit 11 to the Declaration of Kai Richter
Pages 178-202
in Support of Plaintiffs’ Motion for Class
Certification, the May 16, 2013 Deposition of
Mike Northagen
Exhibit 12 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 12 in its entirety

Exhibit 13 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 13 in its entirety

Exhibit 14 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 14 in its entirety

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07725.0142/2759707.1

3:11-cv-04965-JCS
2
[PROPOSED] ORDER ON PLAINTIFFS’ ADMINISTRATIVE MOTION FOR SEALING ORDER

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Exhibit 15 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 15 in its entirety

Exhibit 16 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 16 in its entirety

Exhibit 17 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 17 in its entirety

Exhibit 18 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 18 in its entirety

Exhibit 19 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 19 in its entirety

Exhibit 20 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 20 in its entirety

Exhibit 21 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 21 in its entirety

Exhibit 22 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 22 in its entirety

Exhibit 23 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 23 in its entirety

Exhibit 24 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 24 in its entirety

Exhibit 25 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 25 in its entirety

Exhibit 26 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 26 in its entirety

Exhibit 27 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 27 in its entirety

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07725.0142/2759707.1

3:11-cv-04965-JCS
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[PROPOSED] ORDER ON PLAINTIFFS’ ADMINISTRATIVE MOTION FOR SEALING ORDER

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Exhibit 28 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 28 in its entirety

Exhibit 29 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 29 in its entirety

Exhibit 30 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 30 in its entirety

Exhibit 31 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 31 in its entirety

Exhibit 32 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 32 in its entirety

Exhibit 33 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 33 in its entirety

Exhibit 34 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 34 in its entirety

Exhibit 35 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 35 in its entirety

Exhibit 36 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 36 in its entirety

Exhibit 37 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 37 in its entirety

Exhibit 38 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 38 in its entirety

Exhibit 39 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 39 in its entirety

Exhibit 40 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 40 in its entirety

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07725.0142/2759707.1

3:11-cv-04965-JCS
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[PROPOSED] ORDER ON PLAINTIFFS’ ADMINISTRATIVE MOTION FOR SEALING ORDER

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Exhibit 41 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 41 in its entirety

Exhibit 42 to the Declaration of Kai Richter
in Support of Plaintiffs’ Motion for Class
Certification

Exhibit 42 in its entirety

Plaintiffs’ Notice of Motion and Motion for
Class Certification, and Memorandum of
Points and Authorities

Page iii, Lines 7 and 12
Page 2, Lines 3-9

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Page 3, Lines 1-6 and 9-20

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Page 4, Lines 3-6, 10-14, 16-21, and 26-28

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Page 5, Lines 1, 3-5, 6, 11-16, 18-25, and 27-28

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Page 6, Lines 1-20, 25-26, and 27-28

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Page 7, Lines 1-18 and 25-28

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Page 8, Lines 1-15 and 21-25

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Page 10, Lines 8-15 and 16-24

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Page 11, Lines 1-8 and 12-13

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Page 12, Lines 5-7

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Page 24, Lines 24-28

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Declaration of Arthur Olsen in Support of
Plaintiffs’ Motion for Class Certification

Page 3, Lines 18-21
Exhibit 4 in its entirety

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Exhibit 5 in its entirety
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R NIA

A

H

ER

Spero

FO

Judge Jo

LI

RT

25

seph C.

NO

06/18
24 DATED: _______________, 2013

UNIT
ED

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ISTRIC
ES D
TC
AT
T

RT
U
O

22 IT IS SO ORDERED.

S

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C
F
D IS T IC T O
HONORABLE R
JOSEPH C.

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N

THE
SPERO
UNITED STATES MAGISTRATE JUDGE

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3:11-cv-04965-JCS
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[PROPOSED] ORDER ON PLAINTIFFS’ ADMINISTRATIVE MOTION FOR SEALING ORDER