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

Filing 111

STIPULATION AND ORDER re 110 STIPULATION WITH PROPOSED ORDER re 106 MOTION to Dismiss Second Amended Complaint Extending Time for Reply to Opposition filed by Wells Fargo Bank, N.A. Replies due by 5/28/2013.. Signed by Judge Edward M. Chen on 5/20/13. (bpf, COURT STAFF) (Filed on 5/20/2013)

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 MARK D. LONERGAN (State Bar No. 143622)
[e-mail]
3 JONAH S. VAN ZANDT (State Bar No. 224348)
[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 Defendant
8 WELLS FARGO BANK, N.A.
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

12
13 STANLEY D. CANNON, PATRICIA R.
CANNON, and CHERYL BULLOCK
14 individually and for all other persons
similarly situated,
15
Plaintiffs,
16
vs.
17
WELLS FARGO BANK, N.A.,
18
Defendant.
19

Case No. CV12-01376
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR WELLS
FARGO BANK, N.A. TO FILED A REPLY
BRIEF IN RESPONSE TO PLAINTIFFS’
OPPOSITION TO THE MOTION TO
DISMISS
Opposition Filed: May 13, 2013
Current Reply Deadline: May 20, 2013
New Reply Brief Deadline: May 27, 2013

20
Action Filed:
Trial Date:

21

March 19, 2012
None Set

22
23

Pursuant to Local Rules 6-1(b) and 6-2, Stanley D. Cannon, Patricia R. Cannon, and

24 Cheryl Bullock (“Plaintiffs”) and Defendant Wells Fargo Bank, N.A. (“Wells Fargo”), stipulate as
25 follows:
26

WHEREAS, on March 28, 2013, Plaintiffs filed a Second Amended Complaint against

27 Wells Fargo (see Docket #105);
28
07685.1150/2695288.1

CV12-01376
STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE REPLY BRIEF

1

WHEREAS, on April 29, 2013, Wells Fargo filed a Motion to Dismiss the Second

2 Amended Complaint (“Motion to Dismiss”) (see Docket #106) and a Request for Judicial Notice
3 in support of the Motion to Dismiss (“Request for Judicial Notice”) (see Docket #107);
4

WHEREAS, on May 13, 2013, Plaintiffs filed an Opposition to Wells Fargo’s Motion to

5 Dismiss (“Opposition”) (see Docket #108) and an Opposition to Wells Fargo’s Request for
6 Judicial Notice (“Opposition to RJN”) (see Docket #109);
7

WHEREAS, Wells Fargo’s reply brief to Plaintiffs’ Opposition and Opposition to RJN is

8 currently due on May 20, 2013;
9

WHEREAS, Plaintiffs have agreed as a courtesy to Wells Fargo to stipulate to an eight-day

10 extension for Wells Fargo to file its reply brief in support of its motion to dismiss;
11

WHEREAS, Wells Fargo received one prior extension in this matter, on August 20, 2012,

12 of the deadline to respond to Plaintiffs’ First Amended Complaint;
13

NOW, THEREFORE, the parties hereby STIPULATE to and respectfully request that the

14 Court extend the deadline for Wells Fargo to file a reply brief to Plaintiffs’ Opposition and
15 Opposition to the RJN to May 28, 2013.
16

IT IS SO STIPULATED.

17
18 DATED: May 16, 2013
19

SEVERSON & WERSON
A Professional Corporation

20
By:

21

/s/ Jonah S. Van Zandt
Jonah Van Zandt

22
Attorneys for Defendant WELLS FARGO BANK, N.A.

23
24
25
26
27
28

CV12-01376
2
STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE REPLY BRIEF

07685.1150/2695288.1

1 DATED: May 16, 2013

WAGONER LAW FIRM, P.A.

2
3

By:

/s/ Jack Wagoner
Jack Wagoner

4
5
6

LAW OFFICE OF SHERI L. KELLY
Sheri L. Kelly

7

CARTER WALKER PLLC
Brent Walker
Russell Davis Carter III

8
9

OWINGS LAW FIRM
Steven A. Ownings
Alexander P. Owings

10
11

Attorneys for Plaintiffs STANLEY CANNON,
PATRICIA CANNON and CHERYL BULLOCK

12
13

14 I, Jonah S. Van Zandt, am the ECF user whose identification and password are being used to file
this Stipulation. I hereby attest that all counsel has concurred to this filing for any signatures
15 indicated by a “conformed” signature (/s/) within this e-filed document.
16 /s/ Jonah S. Van Zandt
17
18
19

[PROPOSED] ORDER
Pursuant to the parties’ May 14, 2013 Stipulation to Extend Time for Wells Fargo Bank,

20 N.A. (“Wells Fargo”), to Reply to Plaintiffs’ Opposition to the Motion to Dismiss, Wells Fargo’s

20
Dated: May ___, 2013

25

D

RDERE

OO
IT IS S

___________________________________

RT

ER

H

27

LI

26

FO

NO

n
THE HONORABLE EDWARDhM. CHEN
M. C e
Edward
Judge
UNITED STATES DISTRICT JUDGE

28

A

24

UNIT
ED

23

S

IT IS SO ORDERED.

RT
U
O

22

S DISTRICT
TE
C
TA

R NIA

21 deadline to file a reply brief is May 28, 2013.

N

F
D IS T IC T O
R

C

CV12-01376
3
STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE REPLY BRIEF

07685.1150/2695288.1