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

Filing 98

STIPULATION AND ORDER CONTINUING CMC FROM 1/29/13 TO 2/28/13 AT 10:30 A.M. re 96 STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Wells Fargo Bank, N.A. Case Management Statement due by 2/21/2013. Further Case Management Conference set for 2/28/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/23/13. (bpf, COURT STAFF) (Filed on 1/23/2013)

Case3:12-cv-01376-EMC Document96 Filed01/22/13 Page1 of 4

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 MARK D. LONERGAN (State Bar No. 143622)
[e-mail]
3 JONAH S. VAN ZANDT (State Bar No. 224348)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendant
8 WELLS FARGO BANK, N.A.
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

12
13 STANLEY D. CANNON and
PATRICIA R. CANNON,
14 individually and for all other persons
similarly situated,
15
Plaintiffs,
16
vs.
17
WELLS FARGO BANK, N.A. FEDERAL
18 NATIONAL MORTGAGE ASSOCIATION,
and ASSURANT, INC.,
19
Defendants.
20

Case No. 3:12-cv-01376-EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
Judge: Edward M. Chen

Action Filed:
Trial Date:

March 19, 2012
None Set

21
22

WHEREAS, on September 14, 2012, Wells Fargo Bank, N.A. (“Wells Fargo”), Federal

23 National Mortgage Association (“Fannie Mae”), and Assurant Inc. (“Assurant”) (collectively
24 “Defendants”) each filed a motion to dismiss Plaintiffs’ First Amended Complaint (see Docket
25 #57, 59, and 61.);
26

WHEREAS, on January 8, 2013, this Court issued an Order Granting in Part and Denying

27 In Part Defendants’ Motions to Dismiss (“MTD Order’) (See Docket #94.);
28
CV12-01376
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

07685.1150/2535206.2

Case3:12-cv-01376-EMC Document96 Filed01/22/13 Page2 of 4

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WHEREAS, the MTD Order dismissed all claims against Fannie Mae and Assurant

2 without prejudice and granted Plaintiffs 30 days’ leave to amend;
3

WHEREAS, pursuant to the MTD order, Plaintiffs’ amended complaint is due on February

4 7, 2013;
5

WHEREAS, a case management conference (“CMC”) is presently set for 9:30 a.m. on

6 January 29, 2013;
7

WHEREAS, until plaintiffs filed their amended complaint on or before February 7, 2013,

8 it will not be clear whether Fannie Mae or Assurant remain in this suit as defendants;
9

WHEREAS, the parties believe that continuing the CMC for three weeks after the

10 amended complaint is due would serve the interests of judicial efficiency and conservation of
11 judicial and party resources because it would allow those parties that remain in this case to
12 participate in the case management process; and
13

WHEREAS, Plaintiffs and Wells Fargo have agreed that Plaintiffs may move forward with

14 discovery;
15

NOW, THEREFORE, the parties hereby STIPULATE to and respectfully request that the

16 CMC set for 10:30 a.m. on January 29, 2013 be rescheduled to 10:30 a.m. on February 28, 2013.
17

SO STIPULATED.

18 DATED: January 22, 2013

Respectfully submitted,

19

SEVERSON & WERSON
A Professional Corporation

20
21

By:

22
23

/s/ Jonah S. Van Zandt
Jonah S. Van Zandt

Attorneys for Defendant WELLS FARGO BANK,
N.A.

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25
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27
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CV12-01376
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Case3:12-cv-01376-EMC Document96 Filed01/22/13 Page3 of 4

1 DATED: January 22, 2013

OWINGS LAW FIRM

2
3

By:

4

/s/ Stevan A. Ownings
Steven A. Ownings
Alexander P. Owings

5
6

LAW OFFICE OF SHERI L. KELLY
Sheri L. Kelly

7

CARTER WALKER PLLC
Brent Walker
Russell Davis Carter III

8
9

WAGONER LAW FIRM P.A.
Jack Wagoner

10

Attorneys for Plaintiffs,
STANLEY CANNON and PATRICIA CANNON

11
12
13

DATED: January 22, 2013

FOLEY & LARDNER LLP

14
By:

15
16

/s/ Nancy L. Stagg
Nancy L. Stagg

18

Attorneys for Defendant,
FEDERAL NATIONAL MORTGAGE
ASSOCIATION

19 DATED: January 22, 2013

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

17

20
21

By:

22
23

/s/ Peter S. Hecker
Peter S. Hecker

Attorneys for Defendant,
ASSURANT, INC.

24

25 I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this e-filed document.
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27
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[PROPOSED] ORDER

2

Pursuant to the parties’ January 22, 2013 Stipulation Continuing Case Management

3 Conference,
IT IS SO ORDERED.

5

S DISTRICT
TE
C
__________________________________________
TA

RT
U
O

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6 DATED: January ______, 2013

The Further CMC is reset from 1/29/13 to 2/28/13 at 10:30 a.m.
An updated joint CMC Statement shall be filed by 2/21/13.

S

RT

dwa
Judge E

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R NIA

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RDERE
IS SO O FIED
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AS MO

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UNIT
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THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
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