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)
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
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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
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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 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,
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Defendants.
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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
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STIPULATION TO CONTINUE DECEMBER 11, 2014 CASE MANAGEMENT
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CONFERENCE AND TO STAY CASE PENDING RESOLUTON OF FLADELL APPEALS
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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 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
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ECF No. 260);
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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.
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IT IS FURTHER STIPULATED AND AGREED THAT:
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•
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.
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•
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
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before December 10, 2015;
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•
There shall be no further CMCs in this action unless ordered by the Court.
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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
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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
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6
/s/ Peter S. Hecker
Peter S. Hecker
SHEPPARD MULLIN RICHTER & HAMPTON LLP
Attorneys for Assurant Inc. and American Security
Insurance Co.
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Dated: December 3, 2014
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11 Dated: December 3, 2014
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/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.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The further CMC is
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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
_______________________________
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TA
The Honorable Edward M. Chen
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United States District Judge
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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
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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.
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.
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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 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
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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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• On September 30, 2014 the Court continued the Case Management Conference to
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December 4, 2014.
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• On November 12, 2014, the Court reset the Case Management Conference to
December 11, 2014.
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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.
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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.
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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 DECEMBER 11, 2014
CMC AND STAYING CASE; DECLARATION OF PETER S. HECKER IN SUPPORT OF SAME
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