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

Filing 210

STIPULATION AND ORDER re 208 TO CONTINUE JULY 2, 2015 CASE MANAGEMENT CONFERENCE filed by American Security Insurance Company Case Management Statement due by 9/17/2015. Further Case Management Conference reset for 9/24/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 6/25/15. (bpf, COURT STAFF) (Filed on 6/25/2015)

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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 JULY 2, 2015 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:439114057.1 -1- Case No. 3:12-cv-01376 STIPULATION AND PROPOSED ORDER CONTINUING JULY 2, 2015 CASE MANAGEMENT CONFERENCE 1 STIPULATION TO CONTINUE JULY 2, 2015 CASE MANAGEMENT CONFERENCE 2 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 11 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 ECF No. 260); 12 13 14 15 WHEREAS, multiple notices of appeal were filed regarding the Final Judgment and/or Order Granting Final Approval (Fladell ECF Nos. 262, 263, 265, 267, 272, 277); WHEREAS, multiple appellants have voluntarily dismissed their appeals (Fladell ECF Nos. 16 291, 308, 358); 17 18 WHEREAS, the last two remaining appellants have filed unopposed motions to dismiss their appeals in Fladell, and those motions are awaiting the Court’s disposition; 19 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to 20 21 the Court’s approval, the July 2, 2015 case management conference shall be continued, and this 22 case stayed, until all appeals from the judgment approving the Fladell settlement have resolved. 23 IT IS FURTHER STIPULATED AND AGREED THAT: 24 • 25 26 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 judgment is reversed or otherwise invalidated. 27 28 -1SMRH:439114057.1 Case No. 3:12-cv-01376 STIPULATION AND PROPOSED ORDER CONTINUING JULY 2, 2015 CASE MANAGEMENT CONFERENCE 1 2 • If by December 3, 2015 the appeals have not been resolved or if the judgment is not reversed or otherwise invalidated, the parties shall file a written status report with the Court on or 3 before December 10, 2015; 4 • There shall be no further CMCs in this action unless ordered by the Court. 5 6 7 Filer's Attestation: Pursuant to L.R. 5-1(i)(3), Peter S. Hecker hereby attests that 8 9 concurrence by all signatories in the filing of this document has been obtained. 10 Dated: June 25, 2015 /s/ Peter S. Hecker Peter S. Hecker SHEPPARD MULLIN RICHTER & HAMPTON LLP Attorneys for Assurant Inc. and American Security Insurance Co. 11 12 13 Dated: June 25, 2015 /s/ Barry Himmelstein Barry Himmelstein HIMMELSTEIN LAW NETWORK Attorneys for Plaintiffs Stanley D. Cannon, Patricia R. Cannon and Cheryl Bullock Dated: June 25, 2015 /s/ Jonah Van Zandt Jonah Van Zandt SEVERSON & WERSON Attorneys for Wells Fargo Bank, N.A. and Wells Fargo Insurance, Inc. 14 15 16 17 18 19 20 An updated joint CMC Statement shall be filed by 9/17/15. 25 26 ORDER T IS SO DIFIED I AS MO NO 27 The Honorable Edward M. Chen United States District Judge ED RT 28 dward Judge E ER n M. Che -2- H SMRH:439114057.1 R NIA UNIT ED S 24 RT U O S DISTRICT TE C _______________________________ TA 23 Dated: __________, 2015 June 25 FO at 10:30 a.m. Case No. 3:12-cv-01376 STIPULATION AND PROPOSED ORDER CONTINUING JULY 2, 2015 CASE MANAGEMENT CONFERENCE LI 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset for 9/24/15 A 21 N D IS T IC T R OF C 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, July 2, 2015 case management conference shall be continued, and the case shall be stayed, until resolution of appeals in the Fladell matter. 8 9 3. Previous time modifications in this case include: • On July 13, 2012, the Court granted Plaintiffs' motion to extend time to respond to 10 Wells Fargo motion to dismiss. 11 • On July 18, 2012, the Court continued a Case Management Conference. 12 • 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 24 25 • On December 3, 2012, the Court continued a Case Management Conference. • On January 10, 2013, the Court continued a Case Management Conference. • 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 -3SMRH:439114057.1 Case No. 3:12-cv-01376 STIPULATION AND PROPOSED ORDER CONTINUING JULY 2, 2015 CASE MANAGEMENT CONFERENCE • On July 17, 2013, the Court continued a Case Management Conference, pursuant to 1 stipulation. 2 • On September 9, 2013, the Court continued a Case Management Conference. 3 • On September 27, 2013, the Court continued a Case Management Conference. 4 • On October 30, 2013, the Court continued the deadlines for Wells Fargo and ASIC 5 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. • On September 30, 2014 the Court continued the Case Management Conference to 14 15 December 4, 2014. • On November 12, 2014, the Court reset the Case Management Conference to 16 December 11, 2014. 17 • On December 4, 2014, the Court reset the Case Management Conference to June 25, 18 2015. 19 • On June 2, 2015, the Court reset the Case Management Conference to July 2, 2015. 20 21 22 23 4. Due to the entry of Final Judgment in the Fladell matter, as well as atticapated resolution of the notices of appeal filed in that case, I believe that the requested continuance and stay will not have any significant impact on the schedule for the case. 24 25 26 27 28 -4SMRH:439114057.1 Case No. 3:12-cv-01376 STIPULATION AND PROPOSED ORDER CONTINUING JULY 2, 2015 CASE MANAGEMENT CONFERENCE 1 I declare under penalty of perjury under the laws of the United States that the foregoing is 2 true and correct. 3 Executed this 25th day of June, 2015, at San Francisco, California. 4 /s/ Peter S. Hecker PETER S. HECKER 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5SMRH:439114057.1 Case No. 3:12-cv-01376 STIPULATION AND PROPOSED ORDER CONTINUING JULY 2, 2015 CASE MANAGEMENT CONFERENCE

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