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

Filing 47

STIPULATION AND ORDER EXCUSING WELLS FARGO BANK, N.A. AND FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC FROM PARTICIPATING IN OCTOBER 22, 2012 ADR TELECONFERENCE; re 46 STIPULATION WITH PROPOSED ORDER filed by Wells Fargo Bank, N.A. Signed by Judge Jacqueline Scott Corley on October 17, 2012. (wsn, COURT STAFF) (Filed on 10/17/2012)

1 MARY KATE SULLIVAN (State Bar No. 180203)
NATILEE S. RIEDMAN (State Bar No. 257871)
2 [e-mail]
SEVERSON & WERSON
3 A Professional Corporation
One Embarcadero Center, Suite 2600
4 San Francisco, California 94111
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
WELLS FARGO BANK, N.A.
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

10
11 GLORIA Q. NATIVIDAD; FELICISIMO M.
NATIVIDAD,
12
Plaintiffs,
13
vs.
14
WELLS FARGO BANK, N.A.; FIRST
15 AMERICAN LOANSTAR SERVICES, LLC,
a Texas limited liability company, DBA
16 FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC and FIRST AMERICAN
17 LOANSTAR TRUSTEE SERVICES, LLC;
NEWBURY PLACE REO III, LLC.; BSI
18 FINANCIAL SERVICES, INC.; and all
persons or entities unknown claiming any legal
19 or equitable right, title, estate, lien or interest
in the property described in this Complaint
20 adverse to Plaintiffs’ title thereto, and DOES 1
through 25, inclusive,
21
Defendants.
22
23

Case No. CV 12-03646-JSC
STIPULATION TO EXCUSE WELLS
FARGO BANK, N.A. AND FIRST
AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC FROM
PARTICIPATING IN OCTOBER 22, 2012
ADR TELECONFERENCE; [PROPOSED]
ORDER THEREON
Date: October 22, 2012
Time: 10:00 a.m.
Judge: Hon. Jacqueline Scott Corley
Action Filed:
Trial Date:

May 2, 2012
None Set

On October 3, 2012, plaintiffs Gloria and Felicisimo Natividad (“Plaintiffs”), BSI

24 Financial Services, Inc. (“BSI”), Newbury Place REO III, LLC (“Newbury”), Wells Fargo Bank,
25 N.A. (“Wells Fargo”) and First American Trustee Servicing Solutions, LLC (“First American”)
26 attended, through their respective counsel of record, an ADR assessment teleconference, as
27 ordered by the Court. (See docket numbers 38 and 39.)
28

At the conclusion of the October 3, 2012 teleconference, a second ADR teleconference
CV 12-03646-JSC
STIPULATION TO EXCUSE PARTICIPATION IN SECOND ADR TELECONFERENCE BY DEFENDANTS
WELLS FARGO AND FIRST AMERICAN; [PROPOSED] ORDER

55002.0045/2412988.1

1 was scheduled for October 22, 2012. In light of the fact that Wells Fargo has no remaining
2 relationship to the Subject Loan, it is unable to meaningfully participate in loan modification
3 discussions. Similarly, as a mere trustee, First American is unable to meaningfully participate. In
4 the October 3, 2012 teleconference, ADR Staff Attorney, Daniel Bowling indicated that Wells
5 Fargo and First American’s participation in the October 22, 2012 teleconference appears
6 unnecessary.
7

Based on the foregoing, and in order to preserve the resources of the parties, the parties

8 hereby stipulate that Wells Fargo and First American, as well as their counsel, shall be excused
9 from participating in the October 22, 2012 teleconference. Plaintiffs, BSI and Newbury shall
10 participate.
11

IT IS SO STIPULATED.

12 DATED: October 16, 2012

CONSUMER LITIGATION LAW CENTER, APC

13

By:

14

/s/ September J. Katji
September J. Katje, Esq.

Attorneys for Plaintiffs
Gloria Natividad and Felicisimo Natividad

15
16
17
18

DATED: October 16, 2012

19

SEVERSON & WERSON
A Professional Corporation
By:

20
21

/s/ Natilee S. Riedman
Natilee S. Riedman

Attorneys for Defendant
WELLS FARGO BANK, N.A.

22
23
24

DATED: October 16, 2012

LAW OFFICES OF GLENN H. WECHSLER
By:

25

/s/ Glenn H. Wechsler
Glenn H. Wechsler

26
Attorneys for Defendant
FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC

27
28

CV 12-03646-JSC
2
STIPULATION TO EXCUSE PARTICIPATION IN SECOND ADR TELECONFERENCE BY DEFENDANTS
WELLS FARGO AND FIRST AMERICAN; [PROPOSED] ORDER

55002.0045/2412988.1

1 DATED: October 16, 2012

LAW OFFICES OF LES ZIEVE

2

By:

3

/s/ Jennifer Bender
Jennifer Bender, Esq.

Attorneys for Defendants
NEWBURY PLACE REO III, LLC AND BSI
FINANCIAL SERVICES, INC.

4
5
6
7
8

[PROPOSED] ORDER
9
Having reviewed the stipulation of the parties, pursuant to the recommendation of Mr.
10
Bowling, and good cause appearing, the Court hereby ORDERS that Wells Fargo Bank, N.A. and
11
First American Trustee Servicing Solutions, LLC, as well as their counsel, shall be excused from
12
participating in the October 22, 2012 ADR teleconference.
13
IT IS SO ORDERED.
14

October 17
DATED: _______________, 2012

15
16
17

United States District Court Judge
Jacqueline Scott Corley

18
19
20
21
22
23
24
25
26
27
28
CV 12-03646-JSC
STIPULATION TO EXCUSE PARTICIPATION IN SECOND ADR TELECONFERENCE BY DEFENDANTS
WELLS FARGO AND FIRST AMERICAN; [PROPOSED] ORDER

55002.0045/2412988.1