Lane et al v. Wells Fargo Bank NA

Filing 208

ORDER RE PREPARATION FOR APRIL 7 HEARING. Signed by Judge Alsup on 3/31/2014. (whalc2, COURT STAFF) (Filed on 3/31/2014).

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,
No. C 12-04026 WHA
Plaintiff,

12
13
14

v.
ORDER RE PREPARATION
FOR APRIL 7 HEARING

WELLS FARGO BANK, N.A.,
Defendant.

15

/

16
17

In connection with her motion for preliminary approval of the proposed class action

18

settlement (Dkt. No. 198), plaintiff Mercedes Guerrero has filed the settlement agreement itself.

19

Among other items, the settlement agreement defines “Class” or “Class Members” as (Dkt. No.

20

203-1 at 2):

21
22
23
24
25
26
27
28

All persons with a residential mortgage loan secured by an
FHA mortgage, who were charged by Wells Fargo Bank, N.A.,
for force-placed flood insurance on property in California from
July 31, 2008, through August 16, 2013, where such flood
insurance was procured with the assistance of QBE Insurance
Corporation or American Security Insurance Company, or their
affiliates. This class excludes charges collected or
extinguished through foreclosure, short-sale agreement, or
grant of a deed in lieu of foreclosure or through cancellation or
waiver by borrower’s agreement with the lender.
The order dated June 21, 2013, however, conditionally certified the class as follows, with
the below italicized language included (Dkt. No. 157) (emphasis added):
All persons with a residential mortgage loan secured by an
FHA mortgage, who were charged by Wells Fargo Bank, N.A.,
or an affiliate of Wells Fargo Bank, N.A., for force-placed

1
2
3
4

flood insurance on property in California from July 31, 2008,
through the present, where such flood insurance was procured
with the assistance of QBE Insurance Corporation or American
Security Insurance Company, or their affiliates. This class
excludes charges collected or extinguished through
foreclosure, short-sale agreement, or grant of a deed in lieu of
foreclosure or through cancellation or waiver by borrower’s
agreement with the lender.

5
This class was then certified by an order dated August 16, 2013 (Dkt. No. 167). The hearing on
6
plaintiff’s preliminary approval motion is set for April 7, 2014.
7
Accordingly, for the April 7 hearing, the undersigned judge asks counsel to please be
8
prepared to address why the phrase “or an affiliate of Wells Fargo Bank, N.A.” was omitted from
9
the settlement agreement’s definition of the certified class. One concern is that the settlement
10
FHA form mortgages who were charged by an affiliate of Wells Fargo Bank, N.A., for forceFor the Northern District of California

United States District Court

agreement does not fully resolve this action as to all class members, e.g., those members with
11
12
placed flood insurance on California property from July 31, 2008, through August 16, 2013.
13
Counsel may (but are not required) to file a brief explanation for the omission identified herein.
14
Should counsel choose to file such an explanation, the filing must be no more than FIVE PAGES,
15
and is due by 6 PM ON APRIL 2, 2014.
16
17
IT IS SO ORDERED.
18
19
Dated: March 31, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
2