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

Filing 206

STIPULATION AND ORDER re 205 STIPULATION WITH PROPOSED ORDER continuing December 11, 2014 Case Management Conference and Staying Case pending Resolution of Fladell Appeals; Supporting Declaration filed by American Security Insurance Company Case Management Statement due by 6/18/2015. Further Case Management Conference set for 6/25/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/4/14. (bpf, COURT STAFF) (Filed on 12/4/2014)

Download PDF
1 PETER S. HECKER (Bar No. 66159) phecker@sheppardmullin.com 2 DAVID E. SNYDER (Bar No. 262001) 3 dsnyder@sheppardmullin.com SHEPPARD MULLIN RICHTER & HAMPTON, LLP 4 Four Embarcadero Center Seventeenth Floor 5 San Francisco, CA 94111-4109 Telephone: (415) 774-3155 6 Facsimile: (415) 403-6224 7 FRANK G. BURT (pro hac vice) 8 fburt@cfjblaw.com W. GLENN MERTEN (pro hac vice) 9 gmerten@cfjblaw.com 10 BRIAN P. PERRYMAN (pro hac vice) bperryman@cfjblaw.com 11 CARLTON FIELDS JORDEN BURT 1025 Thomas Jefferson Street, NW 12 Suite 400 East Washington, DC 20007-0805 13 Telephone: (202) 965-8100 14 Facsimile: (202) 965-8104 15 Attorneys for Defendant AMERICAN SECURITY INSURANCE COMPANY 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 18 19 STANLEY D. CANNON, PATRICIA R. 20 CANNON, and CHERYL BULLOCK, 21 individually and for other persons similarly situated, 22 Plaintiffs, 23 v. 24 Case No. 3:12-cv-01376-EMC STIPULATION AND PROPOSED ORDER CONTINUING DECEMBER 11, 2014 CASE MANAGEMENT CONFERENCE AND STAYING CASE PENDING RESOLUTION OF FLADELL APPEALS; 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, 27 Defendants. 28 SMRH:433258359.1 -1Case No. 3:12-cv-01376-EMC STIPULATION AND PROPOSED ORDER CONTINUING DECEMBER 11, 2014 CMC AND STAYING CASE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME 1 STIPULATION TO CONTINUE DECEMBER 11, 2014 CASE MANAGEMENT 2 CONFERENCE AND TO STAY CASE PENDING RESOLUTON OF FLADELL APPEALS 3 Pursuant to Civil L.R. 7-12, 6-1(b) and 6-2, it is hereby stipulated by and between the 4 5 6 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); 9 10 WHEREAS, the court in Fladell entered an Order Granting Final Approval of the settlement on October 29, 2014 (Fladell ECF No. 259), and entered Final Judgment on the same day (Fladell 11 ECF No. 260); 12 13 14 15 WHEREAS, multiple notices of appeal have been filed regarding the Final Judgment and/or Order Granting Final Approval (Fladell ECF Nos. 262, 263, 265, 267, 272, 277); NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to 16 the Court’s approval, the December 11, 2014 case management conference shall be continued, and 17 this case stayed, until all appeals from the judgment approving the Fladell settlement have resolved. 18 IT IS FURTHER STIPULATED AND AGREED THAT: 19 20 21 • The parties shall jointly notify the Court: (1) when all appeals have been resolved, and shall at that time provide the Court with a joint request for dismissal with prejudice; or (2) if the 22 judgment is reversed or otherwise invalidated. 23 • If by December 3, 2015 the appeals have not been resolved or if the judgment is not 24 reversed or otherwise invalidated, the parties shall file a written status report with the Court on or 25 before December 10, 2015; 26 27 • There shall be no further CMCs in this action unless ordered by the Court. 28 SMRH:433258359.1 -1Case No. 3:12-cv-01376-EMC STIPULATION AND PROPOSED ORDER CONTINUING DECEMBER 11, 2014 CMC AND STAYING CASE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME 1 2 Filer's Attestation: Pursuant to L.R. 5-1(i)(3), Peter S. Hecker hereby attests that 3 concurrence by all signatories in the filing of this document has been obtained. 4 Dated: December 3, 2014 5 6 /s/ Peter S. Hecker Peter S. Hecker SHEPPARD MULLIN RICHTER & HAMPTON LLP Attorneys for Assurant Inc. and American Security Insurance Co. 7 Dated: December 3, 2014 8 9 10 11 Dated: December 3, 2014 12 13 /s/ Barry Himmelstein Barry Himmelstein HIMMELSTEIN LAW NETWORK Attorneys for Plaintiffs Stanley D. Cannon, Patricia R. Cannon and Cheryl Bullock /s/ Jonah Van Zandt Jonah Van Zandt SEVERSON & WERSON Attorneys for Wells Fargo Bank, N.A. and Wells Fargo Insurance, Inc. 14 15 PURSUANT TO STIPULATION, IT IS SO ORDERED. The further CMC is 16 reset for 6/25/15 at 10:30 a.m. An updated joint CMC statement shall be filed by 6/18/15. S DISTRICT Dated: __________, 2014 TE C 12/4 _______________________________ 18 TA The Honorable Edward M. Chen 19 United States District Judge ED RT ER 24 n M. Che A H 23 dward Judge E R NIA NO 22 FO 21 RDER IS SO O FIED IT DI AS MO LI UNIT ED 20 RT U O S 17 N F D IS T IC T O R C 25 26 27 28 SMRH:433258359.1 -2Case No. 3:12-cv-01376-EMC STIPULATION AND PROPOSED ORDER CONTINUING DECEMBER 11, 2014 CMC AND STAYING CASE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME DECLARATION OF PETER S. HECKER 1 2 I, Peter S. Hecker, declare: 3 1. 4 5 6 7 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. 2. As set forth in the above stipulation, the parties have stipulated that, subject to the Court’s approval, the December 4, 2014 case management conference shall be continued, and the case shall be stayed, until resolution of appeals in the Fladell matter. 8 3. Previous time modifications in this case include: 9 • On July 13, 2012, the Court granted Plaintiffs' motion to extend time to respond to 10 11 12 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 13 time to respond to the Complaint. 14 • On August 20, 2012, the Court continued a Case Management Conference. 15 • On August 20, 2012, the parties stipulated to extend former defendant Federal 16 National Mortgage Association's time to respond to the Amended Complaint. 17 • On August 21, 2012, the parties stipulated to extend Wells Fargo Bank, N.A.'s time to respond to the First Amended Complaint. 18 19 • On August 22, 2012, the Court continued a Case Management Conference. 20 • On September 10, 2012, the Court continued a Case Management Conference. 21 • On October 30, 2012, the Court continued deadlines for motions to dismiss and continued a Case Management Conference. 22 23 • On December 3, 2012, the Court continued a Case Management Conference. 24 • On January 10, 2013, the Court continued a Case Management Conference. 25 • On January 23, 2013, the Court continued a Case Management Conference, pursuant to stipulation. 26 • On July 2, 2013, the Court continued a Case Management Conference. 27 28 SMRH:433258359.1 -3Case No. 3:12-cv-01376-EMC STIPULATION AND PROPOSED ORDER CONTINUING DECEMBER 11, 2014 CMC AND STAYING CASE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME • On July 17, 2013, the Court continued a Case Management Conference, pursuant to 1 stipulation. 2 3 • On September 9, 2013, the Court continued a Case Management Conference. 4 • On September 27, 2013, the Court continued a Case Management Conference. 5 • On October 30, 2013, the Court continued the deadlines for Wells Fargo and ASIC to respond to the Third Amended Complaint, pursuant to stipulation. 6 • On November 12, 2013, the Court continued a Case Management Conference. 7 • On November 22, 2013, the Court continued motion hearings and a Case 8 Management Conference, pursuant to stipulation. 9 • On April 9, 2014, the Court continued the settlement conference. 10 • On May 6, 2014, the Court continued the Case Management Conference. 11 • On June 18, 2014, the Court continued the Case Management Conference. 12 • On September 10, 2014, the Court reset the Case Management Conference from 13 October 16, 2014 to October 7, 2014. 14 • On September 30, 2014 the Court continued the Case Management Conference to 15 December 4, 2014. 16 • On November 12, 2014, the Court reset the Case Management Conference to December 11, 2014. 17 18 4. Due to the entry of Final Judgment in the Fladell matter, as well as the notices of 19 appeal filed in that case, I believe that the requested continuance and stay will not have any 20 significant impact on the schedule for the case. 21 22 23 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 3rd day of December, 2014 at San Francisco, California. 24 /s/ Peter S. Hecker PETER S. HECKER 25 26 27 28 SMRH:433258359.1 -4Case No. 3:12-cv-01376-EMC STIPULATION AND PROPOSED ORDER CONTINUING DECEMBER 11, 2014 CMC AND STAYING CASE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?