Sutcliffe et al v. Wells Fargo Bank, N.A.

Filing 29

STIPULATION AND ORDER AS TO HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS. Joint Case Management Statement due by 4/20/2012. Motion to Dismiss due by 2/17/2012. Replies due by 3/23/2012. Responses due by 3/9/2012. Case Management Conference re-set for 4/27/2012 09:30 AM in Courtroom G, 15th Floor, San Francisco. Motion Hearing set for 4/27/2012 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed, as modified, by Judge Joseph C. Spero on 2/15/12. (klhS, COURT STAFF) (Filed on 2/15/2012)

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Matthew G. Ball (SBN No. 208881)
[e-mail]
Megan F. Cesare-Eastman (SBN NO. 253845)
[e-mail]
K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Irene C. Freidel (pro hac vice)
[e-mail]
Jennifer J. Nagle (pro hac vice)
[e-mail]
K&L GATES LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
Tel: [phone]
Fax: [phone]
Attorneys for Defendant Wells Fargo Bank, N.A.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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v.
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WELLS FARGO BANK, N.A., a national
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bank, for itself and d/b/a WELLS FARGO
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HOME MORTGAGE, a division of Wells
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Fargo Bank, N.A.; and DOES 1-100,
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inclusive.
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Defendants.
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______________________________ ______ )
VICKI AND RICHARD SUTCLIFFE, on
behalf of themselves and all others similarly
situated,

Case No. C 11-06595 JCS
NOTICE OF STIPULATION
BETWEEN DEFENDANT WELLS
FARGO BANK, N.A. AND
PLAINTIFFS VICKI AND RICHARD
SUTCLIFFE AS TO HEARING DATE
AND BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO
DISMISS
Judge: Magistrate Judge Joseph C. Spero
Complaint Date: December 21, 2011
Trial Date: None Set

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STIPULATION RE: HEARING DATE AND BRIEFING SCHEDULE

Case No. C 11-06595 JCS

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TO THE HONORABLE JOSEPH C. SPERO, UNITED STATES MAGISTRATE

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JUDGE, PLAINTIFFS VICKI AND RICHARD SUTCLIFFE, THEIR COUNSEL OF

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RECORD, AND ALL OTHER INTERESTED PARTIES:

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PLEASE TAKE NOTICE that pursuant to Civ. L.R. 6-1(b), 6-2, and 7-12, plaintiffs,

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Vicki and Richard Sutcliffe (“plaintiffs”), and defendant Wells Fargo Bank, N.A. (“Wells

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Fargo”) (collectively, the “Parties”), by and through their respective counsel, stipulate and agree

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as follows:

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WHEREAS, plaintiffs filed a Class Action Complaint on December 21, 2011; and

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WHEREAS, pursuant to Civ. L.R. 6-1(a), the Parties agreed by Stipulation dated January

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17, 2012, to extend Wells Fargo’s deadline for responding to the Class Action Complaint to and

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including February 17, 2012; and

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WHEREAS, the Court “so-ordered” the Parties’ Stipulation on January 19, 2012; and

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WHEREAS, Wells Fargo will file a motion to dismiss the Class Action Complaint on

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February 17, 2012; and

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WHEREAS, counsel for the Parties have conferred and agree that, for the convenience of

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all Parties and to avoid duplicate cost of travel for all Parties, Wells Fargo will set the motion for

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hearing on April 6, 2012, to coincide with the scheduled Case Management Conference; and

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WHEREAS, the Parties further agree to a briefing schedule according to which plaintiffs’

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opposition to Wells Fargo’s motion will be due on March 9, 2012, and Wells Fargo’s reply in

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support of its motion will be due on March 23, 2012, and the motion will thus be fully briefed

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fourteen days in advance of the hearing; and

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WHEREAS, the Parties agree that neither party will be prejudiced by the agreed upon
dates set forth herein; and
WHEREAS, nothing agreed upon herein affects the date of any event or deadline already
fixed by the Court in this matter.

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STIPULATION RE: HEARING DATE AND BRIEFING SCHEDULE

Case No. C 11-06595 JCS

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IT IS HEREBY STIPULATED AND AGREED by the Parties that defendant Wells
27 - JCS
& case mgmt conference
Fargo Bank, N.A.’s motion to dismiss will be set for hearing on Friday, April 6, 2012, plaintiffs’

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opposition to Wells Fargo’s motion will be due on Friday, March 9, 2012, and Wells Fargo’s

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reply in support of its motion will be due on Friday, March 23, 2012.

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Dated: February 15, 2012
S

WELLSseph C. Spe BANK, N.A.,
FARGO
Judge Jo
FO

ro

EBy its attorneys, C
RN
F
D IS T IC T O
R

H

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VICKI AND RICHARD SUTCLIFFE,

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LI

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ERED
O ORD D
IT IS S
DIFIE
AS MO

By their attorneys,

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R NIA

UNIT
ED

Respectfully submitted,

NO

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RT
U
O

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ISTRIC
ES D
TC
AT
T

A

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/s/ Derek Y. Brandt (w/permission)

/s/ Irene C. Freidel

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SIMMONS BROWDER GIANARIS
ANGELIDES & BARNERD LLC

K&L GATES LLP

Deborah Rosenthal (SBN 184241)
[e-mail]
455 Market Street, Suite 1150
San Francisco, California 94105
Phone: [phone]
Fax: (415) 537 - 4120

Matthew G. Ball
[e-mail]
Megan F. Cesare-Eastman
[e-mail]

HANLY CONROY BIERSTEIN
SHERIDAN FISHER & HAYES LLP

Irene C. Freidel (pro hac vice)
[e-mail]
Jennifer J. Nagle (pro hac vice)
[e-mail]

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Paul J. Hanly , Jr.*
[e-mail]
Jayne Conroy*
[e-mail]
Mitchell M. Breit*
[e-mail]
Andrea Bierstein*
[e-mail]
112 Madison Avenue - 7th Floor
New York, NY 10016-7416
Tel: [phone]
Fax: [phone]

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STIPULATION RE: HEARING DATE AND BRIEFING SCHEDULE

Case No. C 11-06595 JCS

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GIBBON, BARRON, & BARRON PLLC

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Bradford D. Barron (pro hac vice)
[e-mail]
Zachary T. Barron (pro hac vice)
[e-mail]
20 East 5th Street, Suite 1000
Tulsa, OK 74103
Tel: [phone]
Fax: [phone]

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SIMMONS BROWDER GIANARIS
ANGELIDES & BARNERD LLC
Derek Yeats Brandt (pro hac vice)
[e-mail]
Emily J. Kirk (pro hac vice)
[e-mail]
Anna M. Kohut (pro hac vice)
[e-mail]
One Court Street
Alton, IL 62002
Tel: [phone]
Fax: [phone]
MCCALLUM METHVIN & TERRELL,
PC
James Michael Terrell (pro hac vice)
[e-mail]
2201 Arlington Avenue South
Birmingham, AL 35205
Tel: [phone]
Fax: [phone]
*pro hac vice to be filed

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I, IRENE C. FREIDEL, am the ECF User whose ID and password are being used to file
this document, and in compliance with General Order No. 45, X.B., hereby attest that all
signatories concur with this filing.
/s/ Irene C. Freidel

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STIPULATION RE: HEARING DATE AND BRIEFING SCHEDULE

Case No. C 11-06595 JCS