Wolin v. Wells Fargo Bank, National Association et al

Filing 28

THIRD STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND CORRESPONDING DEADLINES. The Case Management Conference is continued to April 12, 2013. The parties shall, on or before February 8, 2013, file a stipulation to transfer th is action to the U.S. District Court for the Central District of California, or notify the Court that no agreement was reached and of Defendants' intention to file a motion to transfer. Signed by Judge Maxine M. Chesney on January 11, 2013. (mmclc2, COURT STAFF) (Filed on 1/11/2013)

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Counsel listed on following page.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM WOLIN, individually, and on
behalf of other members of the general
public similarly situated, and as aggrieved
employees pursuant to the Private
Attorneys General Act (“PAGA”),

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Plaintiff,

CASE NO. CV 12 4509 MMC
THIRD STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE AND
CORRESPONDING DEADLINES

v.
WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national association;
WELLS FARGO & COMPANY, a
Delaware corporation; and DOES 1
through 10, inclusive,
Defendants.

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THIRD SUPPLEMENTAL STIPULATION
TO CONTINUE INITIAL CMC
CASE NO. 12 4509

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MALCOLM A. HEINICKE (SBN 194174)
[e-mail]
MARI OVERBECK (SBN 261707)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone: [phone]
Facsimile:
[phone]

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TERRY E. SANCHEZ (SBN 101318)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendants
WELLS FARGO BANK, NATIONAL
ASSOCIATION; WELLS FARGO & COMPANY
MARK YABLONOVICH (SBN 186670)
[e-mail]
NEDA ROSHANIAN (SBN 225337)
[e-mail]
LAW OFFICES OF MARK YABLONOVICH
1875 Century Park East, Suite 700
Los Angeles, CA 90067-2508
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
WILLIAM WOLIN

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THIRD SUPPLEMENTAL STIPULATION
TO CONTINUE INITIAL CMC
CASE NO. 12 4509

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Subject to the approval of the Court, the parties, by and through their undersigned

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counsel, hereby submit this Second Stipulation and [Proposed] Order to Continue Initial Case

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Management Conference and Corresponding Deadlines.
STIPULATION

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WHEREAS, the Initial Case Management Conference in this action is currently

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set for January 18, 2013 at 10:30 a.m., with the deadline for filing a Case Management Report set

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for January 11, 2013;

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WHEREAS, the Court granted the parties’ two previous requests to extend the
Initial Case Management Conference in this action in order to provide the parties with additional

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time to discuss and decide whether Plaintiff will stipulate to transfer this action to the United

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States District Court for the Central District of California;

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WHEREAS, Defendants have provided Plaintiff with certain evidence to support
such a transfer, and Plaintiff requires additional time to review that evidence;
WHEREAS, the requested modification will have no effect on any other
scheduled dates;

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WHEREAS, if Plaintiff refuses to stipulate to transfer, Defendants will move the

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Court to transfer this action pursuant to 28 U.S.C. § 1404, and will notice their motion as per the

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Court’s regularly noticed civil law and motion calendar;

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WHEREAS, if the parties reach a stipulation to transfer they will file that
stipulation with the Court on or before February 8, 2013;
WHEREAS, the parties agree that in light of the fact that the parties will either (a)

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agree to stipulate to transfer this action or (b) seek the Court’s resolution of this issue, the best

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way to preserve both party and judicial resources is to reschedule the Initial Case Management

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Conference in this action for April 12, 2013, to permit a stipulation to be reached or Defendants’

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motion to be heard before holding the Initial Case Management Conference before this Court;

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NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and

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between the undersigned counsel for all parties that, subject to the approval of the Court, the

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Initial Case Management Conference currently scheduled in this matter for January 18, 2013 shall
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THIRD SUPPLEMENTAL STIPULATION
TO CONTINUE INITIAL CMC
CASE NO. 12 4509

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be taken off calendar and continued to April 12, 2013 at 10:30 a.m., or such other date and time

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thereafter as the Court shall order, and all corresponding deadlines shall be continued in

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accordance with Civil Local Rule 16-9, and that the parties shall file a stipulation to transfer this

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action on or before February 8, 2013, or shall notify the Court at that time whether Defendants

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will move the Court to transfer this action as per the Court’s regularly noticed civil law and

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motion calendar.

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IT IS SO STIPULATED.

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DATED: January 11, 2013

Law Offices of Mark Yablonovich

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By: /s/ Neda Roshanian
Neda Roshanian
Attorneys for Plaintiff
WILLIAM WOLIN

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DATED: January 11, 2013

Munger, Tolles & Olson LLP

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By: /s/ Mari Overbeck
Mari Overbeck
Attorneys for Defendants
WELLS FARGO BANK, NATIONAL
ASSOCIATION; WELLS FARGO &
COMPANY

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Filer’s Attestation

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I, Malcolm A. Heinicke, am the ECF user whose identification and password are

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being used to file this THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE
INITIAL CASE MANAGEMENT CONFERENCE AND CORRESPONDING DEADLINES. In
compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Neda Roshanian concurs in this
filing.

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THIRD SUPPLEMENTAL STIPULATION
TO CONTINUE INITIAL CMC
CASE NO. 12 4509

[PROPOSED] ORDER

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Having read the considered the Stipulation filed by the parties, and good cause appearing

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therefore, IT IS HEREBY ORDERED that the parties’ Initial Case Management Conference is

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continued to April 12 2013 at 10:30 a.m., and all corresponding dates are hereby continued in
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accordance with Civil Local Rule 16-9(a). The parties shall, on or before February 8, 2013, file a

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stipulation to transfer this action to the U.S. District Court for the Central District of California, or

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notify the Court that no agreement was reached and of Defendants’ intention to file a motion to

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transfer as per the Court’s regularly noticed civil law and motion calendar.

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IT IS SO ORDERED.

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January 11
DATED: __________________, 2013

_________________________
Hon. Maxine M. Chesney
United States District Court Judge

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THIRD SUPPLEMENTAL STIPULATION
TO CONTINUE INITIAL CMC
CASE NO. 12 4509