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

Filing 145

ORDER granting 143 STIPULATION to respond to TAC and setting briefing schedule. WF response due 11/1/2013, ASIC response due 11/4/2013. Responses to motions to dismiss due by 11/20/2013. Replies due by 11/27/2013. Motion to Dismiss Hearing set for 12/12/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Signed by Judge Edward M. Chen on 10/30/2013. (beS, COURT STAFF) (Filed on 10/30/2013)

Case3:12-cv-01376-EMC Document143 Filed10/29/13 Page1 of 3

MICHAEL J. STEINER (State Bar No. 112079)
1 [e-mail]
MARK D. LONERGAN (State Bar No. 143622)
2 [e-mail]
JONAH S. VAN ZANDT (State Bar No. 224348)
3 [e-mail]
SEVERSON & WERSON
4 A Professional Corporation
One Embarcadero Center, Suite 2600
5 San Francisco, California 94111
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant
WELLS FARGO BANK, N.A., and
8 WELLS FARGO INSURANCE, INC.
9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

11 STANLEY D. CANNON, PATRICIA R.
CANNON, and CHERYL BULLOCK,
12 individually and for all other persons similarly
situated,
13
Plaintiffs,
14
vs.
15
WELLS FARGO BANK, N.A.; WELLS
16 FARGO INSURANCE, INC.; and
AMERICAN SECURITY INSURANCE
17 COMPANY,
18

Case No. 3:12-cv-01376-EMC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
DEFENDANTS TO RESPOND TO
PLAINTIFFS’ THIRD AMENDED CLASS
ACTION COMPLAINT AND SETTING
BRIEFING SCHEDULE ON MOTIONS
TO DISMISS (L.R. 6-1(a), 6-1(b), 6-2)
Action Filed:
Trial Date:

March 19, 2012
None Set

Defendant.
JURY TRIAL DEMANDED

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STIPULATION

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Pursuant to Local Rule 6-1(a) and 6-1(b), plaintiffs and defendants Wells Fargo Bank,
N.A. (“Wells Fargo”), Wells Fargo Insurance, Inc. (“WFI”), and American Security Insurance
Company (“ASIC”), by and through their respective counsel, hereby stipulate as follows:
1.

On October 8, 2013, plaintiffs filed their third amended complaint (the “TAC”).

2.

Absent an extension of time, Wells Fargo’s response to the TAC was due

October 25, 2013.
07685.1150/2921517.1

3:12-cv-01376-EMC
STIPULATION RE TIME TO RESPOND TO TAC AND BRIEFING SCHEDULE (L.R. 6-1(a), 6-1(b), 6-2)

Case3:12-cv-01376-EMC Document143 Filed10/29/13 Page2 of 3

1

3.

WFI and ASIC were served with the TAC on October 11, 2013. Their response to

2 the TAC is due November 1, 2013.
3

4.

Wells Fargo, WFI and ASIC intend to file motions to dismiss.

4

5.

The parties hereby stipulate that the deadline for Wells Fargo to respond to the

5 TAC is extended to November 1, 2013.
6

6.

The parties further stipulate that the deadline for ASIC to respond to the TAC shall

7 be November 4, 2013.
8

7.

The parties further stipulate that the deadline for plaintiffs to file oppositions to

9 defendants’ motions to dismiss shall be November 20, 2013, and that the deadline for Wells
10 Fargo, WFI and ASIC to file reply briefs in support of their motions to dismiss shall be
11 November 27, 2013.
12

8.

The parties further stipulate that defendants will notice their motions to dismiss to

13 be heard on December 12, 2013, at 1:30 p.m.
14

9.

This stipulation will not alter the date of any event or any deadline already fixed by

15 court order.
16

IT IS SO STIPULATED.

17 DATED: October 28, 2013
18

SEVERSON & WERSON
A Professional Corporation

19
By:

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/s/ Jonah S. Van Zandt
Jonah S. Van Zandt

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Attorneys for Defendants WELLS FARGO BANK,
N.A., and WELLS FARGO INSURANCE, INC.

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07685.1150/2921517.1

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3:12-cv-01376-EMC

STIPULATION RE TIME TO RESPOND TO TAC AND BRIEFING SCHEDULE (L.R. 6-1(a), 6-1(b), 6-2)

Case3:12-cv-01376-EMC Document143 Filed10/29/13 Page3 of 3

1

DATED: October 28, 2013

SHEPPARD MULLIN RICHTER & HAMPTON, LLP
JORDEN BURT
A Limited Liability Partnership

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By:

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/s/ Denise Fee
Denise Fee

Attorneys for Defendant
AMERICAN SECURITY INSURANCE COMPANY

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9 DATED: October 28, 2013
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HIMMELSTEIN LAW NETWORK
LAW OFFICE OF SHERI L. KELLY

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By:

/s/ Sheri L. Kelly
Sheri L. Kelly

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Attorneys for Plaintiffs
STANLEY D. CANNON, PATRICIA R. CANNON,
and CHERYL BULLOCK

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ECF CERTIFICATION

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I, Jonah S. Van Zandt, am the ECF user whose identification and password are being used
to file this stipulation. I hereby attest that counsel for defendant American Security Insurance
19 Company, Denise Fee, and counsel for plaintiffs, Sheri L. Kelly, concurred in this filing.
18

20

/s/ Jonah S. Van Zandt
Jonah S. Van Zandt

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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30
25 DATED: October ___, 2013

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Hon. Edward M. Chen
United States District Judge

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07685.1150/2921517.1

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3:12-cv-01376-EMC

STIPULATION RE TIME TO RESPOND TO TAC AND BRIEFING SCHEDULE (L.R. 6-1(a), 6-1(b), 6-2)