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

Filing 179

STIPULATION AND ORDER re 177 STIPULATION WITH PROPOSED ORDER establishing briefing schedule on defendants' Motion to Stay filed by American Security Insurance Company. Signed by Judge Edward M. Chen on 2/12/14. (bpf, COURT STAFF) (Filed on 2/12/2014)

1 PETER S. HECKER (Bar No. 66159)
[e-mail]

2 DAVID E. SNYDER (Bar No. 262001)
3 [e-mail]

SHEPPARD MULLIN RICHTER & HAMPTON, LLP

4 Four Embarcadero Center
Seventeenth Floor

5 San Francisco, CA 94111-4109
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Telephone: [phone]
Facsimile: [phone]

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FRANK G. BURT (pro hac vice)

8 [e-mail]
W. GLENN MERTEN (pro hac vice)

9 [e-mail]
10 BRIAN P. PERRYMAN (pro hac vice)
[e-mail]

11 CARLTON FIELDS JORDEN BURT
1025 Thomas Jefferson Street, NW

12 Suite 400 East

Washington, DC 20007-0805
Telephone: [phone]
14 Facsimile: [phone]

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15 Attorneys for Defendant

AMERICAN SECURITY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STANLEY D. CANNON, PATRICIA R.

Case No. 3:12-cv-01376-EMC

21 CANNON, and CHERYL BULLOCK,

individually and for other persons similarly

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Plaintiffs,

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v.

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STIPULATION AND PROPOSED ORDER
ESTABLISHING BRIEFING SCHEDULE
ON DEFENDANTS’ MOTION TO STAY;
DECLARATION OF PETER S. HECKER
IN SUPPORT OF SAME

25 WELLS FARGO BANK, N.A.; WELLS
FARGO INSURANCE, INC.; and

26 AMERICAN SECURITY INSURANCE
COMPANY,

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Defendants.

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SMRH:417456762.1

3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

STIPULATION TO MODIFY BRIEFING SCHEDULE

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Pursuant to Civil L.R. 7-12, 6-1(b) and 6-2, it is hereby stipulated by and between the

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parties, through their respective attorneys, that:
WHEREAS, defendants on February 7, 2014 filed a motion to stay these proceedings, along

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6 with a motion to shorten time on the motion to stay;
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WHEREAS, the Court indicated it plans to consider the motion to stay on an expedited

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WHEREAS, the parties have agreed that, subject to the Court’s approval, the briefing shall

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proceed on an expedited basis;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to

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Plaintiffs shall file and serve their response to defendants’ stay motion on or before
February 11, 2014;

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•
•

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Defendants shall file and serve their reply papers on or before February 14, 2014;
The motion shall be considered at the earliest convenient date by the Court.

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Filer's Attestation: Pursuant to L.R. 5-1(i)(3), Peter S. Hecker hereby attests that

21 concurrence by all signatories in the filing of this document has been obtained.
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-1SMRH:417456762.1

3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

Dated: February 11, 2014

/s/ Peter S. Hecker
Peter S. Hecker
SHEPPARD MULLIN RICHTER & HAMPTON LLP
Attorneys for Assurant Inc. and American Security
Insurance Co.

4 Dated: February 11, 2014

/s/ Barry Himmelstein
Barry Himmelstein
HIMMELSTEIN LAW NETWORK
Attorneys for Plaintiffs Stanley D. Cannon, Patricia R.
Cannon and Cheryl Bullock

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Dated: February 11, 2014

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/s/ Jonah Van Zandt
Jonah Van Zandt
SEVERSON & WERSON
Attorneys for Wells Fargo Bank, N.A. and Wells
Fargo Insurance, Inc.

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S
UNIT
ED

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VED

_______________________________
APPRO
The Honorable Edward M. Chen
United States District Judge
n
M. Che
Edward
Judge

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Dated: February ___, 2014

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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D IS T IC T
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OF

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-2SMRH:417456762.1

3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

DECLARATION OF PETER S. HECKER

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I, Peter S. Hecker, declare:

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1.

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I am an attorney duly admitted to practice before this Court. I am a partner with the

law firm of Sheppard Mullin Richter & Hampton, LLP, counsel for defendant American Security
Insurance Company in this case (“ASIC”). I have personal knowledge of the facts set forth below.
2.

As set forth in the above stipulation, plaintiffs Stanley D. Cannon, Patricia R.

Cannon and Cheryl Bullock (collectively “plaintiffs”) have stipulated that plaintiffs shall file and
serve their response to defendants’ motion to stay (the “motion”) on or before February 11, 2014;

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defendants shall file and serve their reply papers on or before February 14, 2014; and consideration
of the motion shall be at the earliest convenience of the Court.
3.

Previous time modifications in this case include:
• On July 13, 2012, the Court granted Plaintiffs’ motion to extend time to respond to

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Wells Fargo motion to dismiss. (ECF No. 14.)
• On July 18, 2012, the Court continued a Case Management Conference. (ECF No.

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15.)
• On August 9, 2012, the parties stipulated to extend former defendant Assurant, Inc.’s

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time to respond to the Complaint. (ECF No. 31.)
• On August 20, 2012, the Court continued a Case Management Conference. (ECF
No. 40.)

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• On August 20, 2012, the parties stipulated to extend former defendant Federal

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National Mortgage Association’s time to respond to the Amended Complaint. (ECF

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No. 43.)

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• On August 21, 2012, the parties stipulated to extend Wells Fargo Bank, N.A.’s time
to respond to the First Amended Complaint. (ECF No. 48.)
• On August 22, 2012, the Court continued a Case Management Conference. (ECF
No. 50.)
• On September 10, 2012, the Court continued a Case Management Conference. (No
docket number.)

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-3SMRH:417456762.1

3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

• On October 30, 2012, the Court continued deadlines for motions to dismiss and

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continued a Case Management Conference. (ECF No. 73.)

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• On December 3, 2012, the Court continued a Case Management Conference. (No

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docket number.)

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• On January 10, 2013, the Court continued a Case Management Conference. (ECF

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No. 95.)

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• On January 23, 2013, the Court continued a Case Management Conference, pursuant

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to stipulation. (ECF No. 98.)

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• On July 2, 2013, the Court continued a Case Management Conference. (ECF No.

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115.)

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• On July 17, 2013, the Court continued a Case Management Conference, pursuant to

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stipulation. (ECF No. 123.)

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• On September 9, 2013, the Court continued a Case Management Conference. (ECF

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No. 132.)

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• On September 27, 2013, the Court continued a Case Management Conference. (No

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docket number.)

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• On October 30, 2013, the Court continued the deadlines for Wells Fargo and ASIC

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to respond to the Third Amended Complaint, pursuant to stipulation. (ECF No.

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145.)
• On November 12, 2013, the Court continued a Case Management Conference. (ECF

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No. 152.)

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• On November 22, 2013, the Court continued motion hearings and a Case

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Management Conference, pursuant to stipulation.

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4.

Due to the minimal nature of the stipulated shortening of time, I believe that the

requested extensions for consideration of the stay motion will not have any significant impact on
the schedule for the case.
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3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

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I declare under penalty of perjury under the laws of the United States that the foregoing is

2 true and correct.
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Executed this 11th day of February 2014 at San Francisco, California.

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/s/ Peter S. Hecker
PETER S. HECKER

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-5SMRH:417456762.1

3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING
BRIEFING SCHEDULE; DECLARATION IN SUPPORT