Cannon et al v. Wells Fargo Bank, N.A.
Filing
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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)
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
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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
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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 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,
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Defendants.
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SMRH:439114057.1
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Case No. 3:12-cv-01376
STIPULATION AND PROPOSED ORDER
CONTINUING JULY 2, 2015 CASE
MANAGEMENT CONFERENCE
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STIPULATION TO CONTINUE JULY 2, 2015 CASE MANAGEMENT CONFERENCE
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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
ECF No. 260);
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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);
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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;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to
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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.
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IT IS FURTHER STIPULATED AND AGREED THAT:
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•
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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
judgment is reversed or otherwise invalidated.
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Case No. 3:12-cv-01376
STIPULATION AND PROPOSED ORDER
CONTINUING JULY 2, 2015 CASE
MANAGEMENT CONFERENCE
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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
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There shall be no further CMCs in this action unless ordered by the Court.
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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.
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.
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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.
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An updated joint CMC Statement shall be filed by 9/17/15.
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ORDER
T IS SO DIFIED
I
AS MO
NO
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The Honorable Edward M. Chen
United States District Judge
ED
RT
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dward
Judge E
ER
n
M. Che
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SMRH:439114057.1
R NIA
UNIT
ED
S
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RT
U
O
S DISTRICT
TE
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_______________________________
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
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PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset for 9/24/15
A
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N
D IS T IC T
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OF
C
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, July 2, 2015 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:
• On July 13, 2012, the Court granted Plaintiffs' motion to extend time to respond to
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Wells Fargo motion to dismiss.
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• On July 18, 2012, the Court continued a Case Management Conference.
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• 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.
• 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.
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• On July 2, 2013, the Court continued a Case Management Conference.
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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
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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
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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.
• On September 30, 2014 the Court continued the Case Management Conference to
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December 4, 2014.
• On November 12, 2014, the Court reset the Case Management Conference to
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December 11, 2014.
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• On December 4, 2014, the Court reset the Case Management Conference to June 25,
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2015.
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• On June 2, 2015, the Court reset the Case Management Conference to July 2, 2015.
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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.
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Case No. 3:12-cv-01376
STIPULATION AND PROPOSED ORDER
CONTINUING JULY 2, 2015 CASE
MANAGEMENT CONFERENCE
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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 25th day of June, 2015, at San Francisco, California.
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/s/ Peter S. Hecker
PETER S. HECKER
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Case No. 3:12-cv-01376
STIPULATION AND PROPOSED ORDER
CONTINUING JULY 2, 2015 CASE
MANAGEMENT CONFERENCE
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