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

Filing 203

STIPULATION AND ORDER re 202 Continuing October 7, 2014 Case Management Conference filed by American Security Insurance Company Case Management Statement due by 11/26/2014. Further Case Management Conference reset for 12/4/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/30/14. (bpf, COURT STAFF) (Filed on 9/30/2014)

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
Telephone: [phone]
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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
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Telephone: [phone]
14 Facsimile: [phone]
15 Attorneys for Defendant
AMERICAN SECURITY INSURANCE COMPANY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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STANLEY D. CANNON, PATRICIA R.
20 CANNON, and CHERYL BULLOCK,
21 individually and for other persons similarly
situated,
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Plaintiffs,
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v.
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Case No. 3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER
CONTINUING OCTOBER 7, 2014 CASE
MANAGEMENT CONFERENCE;
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:433258359.1

Case No. 3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER CONTINUING OCTOBER 7, 2014
CASE MANAGEMENT CONFERENCE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME

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STIPULATION TO CONTINUE OCTOBER 7, 2014 CASE MANAGEMENT

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CONFERENCE

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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, on February 12, 2014, the Court ordered the above-captioned case stayed until

7 final approval of the settlement in Fladell v. Wells Fargo Bank, N.A., 13-cv-60721 (S.D. Fla.)
8 (“Fladell”) (ECF No. 181);
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WHEREAS, the court in Fladell held a hearing to consider final approval of the settlement
in that case on September 18, 2014;

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WHEREAS, as of the date of the execution of this stipulation, the Fladell court has not yet
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issued an order on final approval and thus, the stay in this matter is still pending;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to

15 the Court’s approval, the October 7, 2014 case management conference shall be continued until
16 December 4, 2014, and the parties’ Joint Case Management Conference statement shall be due on
17 November 20, 2014.
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Filer's Attestation: Pursuant to L.R. 5-1(i)(3), Peter S. Hecker hereby attests that

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concurrence by all signatories in the filing of this document has been obtained.
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SMRH:433258359.1

-1Case No. 3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER CONTINUING OCTOBER 7, 2014
CASE MANAGEMENT CONFERENCE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME

Dated: September 29, 2014

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

4 Dated: September 29, 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: September 29, 2014

/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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12 PURSUANT TO STIPULATION, IT IS SO ORDERED. Further CMC reset for
12/4/14 at 10:30 a.m.
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Sept.30
S DISTRICT
TE
14 Dated: __________, 2014
C
TA
_______________________________
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The Honorable Edward M. Chen
United StatesDEREDJudge
District
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SO OR
IS

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OF

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SMRH:433258359.1

-2Case No. 3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER CONTINUING OCTOBER 7, 2014
CASE MANAGEMENT CONFERENCE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME

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, co-counsel for defendant American
Security Insurance Co. in this case. I have personal knowledge of the facts set forth below.
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As set forth in the above stipulation, the parties have stipulated that, subject to the

Court’s approval, the October 7, 2014 case management conference shall be continued until
December 4, 2014.

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3.

Previous time modifications in this case include:

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• On July 13, 2012, the Court granted Plaintiffs' motion to extend time to respond to
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Wells Fargo motion to dismiss.
• On July 18, 2012, the Court continued a Case Management Conference.
• On August 9, 2012, the parties stipulated to extend former defendant Assurant, Inc.'s

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time to respond to the Complaint.

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• On August 20, 2012, the Court continued a Case Management Conference.

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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.

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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.

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• On August 22, 2012, the Court continued a Case Management Conference.

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• On September 10, 2012, the Court continued a Case Management Conference.

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• On October 30, 2012, the Court continued deadlines for motions to dismiss and
continued a Case Management Conference.

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• On December 3, 2012, the Court continued a Case Management Conference.

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

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

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• On July 2, 2013, the Court continued a Case Management Conference.
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SMRH:433258359.1

-3Case No. 3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER CONTINUING OCTOBER 7, 2014
CASE MANAGEMENT CONFERENCE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME

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

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stipulation.

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

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• On September 27, 2013, the Court continued a Case Management Conference.

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• On October 30, 2013, the Court continued the deadlines for Wells Fargo and ASIC
to respond to the Third Amended Complaint, pursuant to stipulation.

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• On November 12, 2013, the Court continued a Case Management Conference.

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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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• On April 9, 2014, the Court continued the settlement conference.
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• On May 6, 2014, the Court continued the Case Management Conference.

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• On June 18, 2014, the Court continued the Case Management Conference.

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• On September 10, 2014, the Court reset the Case Management Conference from

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October 16, 2014 to October 7, 2014.
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Due to the pending stay in this matter, I believe that the requested continuance will

15 not have any significant impact on the schedule for the case.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

17 true and correct.
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Executed this 29th day of September, 2014 at San Francisco, California.

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/s/ Peter S. Hecker
PETER S. HECKER

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SMRH:433258359.1

-4Case No. 3:12-cv-01376-EMC
STIPULATION AND PROPOSED ORDER CONTINUING OCTOBER 7, 2014
CASE MANAGEMENT CONFERENCE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME