Lane et al v. Wells Fargo Bank NA

Filing 183

ORDER RE 179 Plaintiff's Unopposed Motion to Approve the Form and Manner of Class Notice filed by Mercedes Guerrero. Signed by Judge Alsup on 9/25/2013. (whalc2, COURT STAFF) (Filed on 9/25/2013)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

11
For the Northern District of California

United States District Court

10

MERCEDES GUERRERO, individually
and for other persons similarly situated,
Plaintiff,

12
13
14

No. C 12-04026 WHA

ORDER RE PLAINTIFF’S
UNOPPOSED MOTION TO
APPROVE THE FORM AND
MANNER OF CLASS NOTICE

v.
WELLS FARGO BANK, N.A.,
Defendant.

15

/

16
17

Plaintiff has filed an unopposed motion to approve the proposed form and manner of

18

class notice regarding the pendency of this action (Dkt. No. 179). Before approval may be

19

given, plaintiff’s counsel is requested to make the following revisions to the class notice:

20

•

On page 1, please correct the misspelling with the word “IDENTIFIED.”

21

•

On page 1, at line 14, please include this paragraph: “If you remain in the class

22

by failing to exclude yourself under the procedure of paragraph 8 of this notice,

23

then control of your claim against Wells Fargo will be transferred from you to

24

plaintiff’s counsel on behalf of the class. If plaintiff’s counsel loses the case, or

25

receives a disappointing outcome, then you will nonetheless be bound by that

26

outcome.”

27

•

On page 1, please include a definition of “FHA” so that recipients of the class
notice will understand what “FHA loans” and “FHA mortgages” mean.

28
•

On page 5, please include the address to be inserted for Gilardi & Co.

1

•

Please change any mention of “60 days from the date you receive this notice” to

2

“90 days from the date you receive this notice” for the deadline by which a class

3

member’s request for exclusion must be postmarked after he or she receives the

4

class notice.

5

Plaintiff’s counsel is further requested to revise the notice plan, so that “direct mail” in

6

paragraph 1 becomes “first-class mail.” After making the above revisions, plaintiff will submit

7

revised versions of the class notice and the notice plan by NOON ON OCTOBER 9.

8
9

IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10
Dated: September 25, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2