Wolin v. Wells Fargo Bank, National Association et al

Filing 30

STIPULATION AND ORDER TO TRANSFER CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA. Signed by Judge Maxine M. Chesney on February 12, 2013. (mmclc2, COURT STAFF) (Filed on 2/12/2013)

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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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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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Attorneys for Defendants

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Additional Counsel on Next 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”),
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER TO TRANSFER CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF
CALIFORNIA

v.

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CASE NO. CV 12 4509 MMC

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

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Defendants.

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STIPULATION TO TRANSFER CASE TO
CENTRAL DISTRICT OF CALIFORNIA
CASE NO. 12 4509

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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]

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Attorneys for Defendants
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STIPULATION TO TRANSFER CASE TO
CENTRAL DISTRICT OF CALIFORNIA
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 Stipulation and [Proposed] Order to Transfer Case to the United

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States District Court for the Central District of California.

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STIPULATION
WHEREAS, Plaintiff William Wolin (“Plaintiff”) has brought this putative class

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action complaint against Defendants Wells Fargo Bank, N.A. (“WFB”) and Wells Fargo & Co.

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(“WFC”) (collectively “Defendants”) seeking to represent a putative national collective action

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class of current and former loan underwriters and a putative California Rule 23 class of current

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former loan underwriters;
WHEREAS, Defendants deny the material allegations asserted by Plaintiff and

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deny that this case is proper for collective or class action treatment;
WHEREAS, Plaintiff was employed by WFB to underwrite brokered loans from

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February 22, 2012 to July 25, 2012 in WFB’s Southern California loan origination center, located

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within the Central District of California, and Plaintiff never worked for any Defendant in the

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Northern District of California;
WHEREAS, Plaintiff currently resides in the Central District of California and

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resided within the Central District of California when he was employed by WFB in 2012;
WHEREAS, Defendants have represented to Plaintiff and provided authority that

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WFB does not have its principal place of business in the Northern District of California, and in

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particular, that the lending division of WFB is not headquartered in the Northern District of

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California;
WHEREAS, Defendants have represented to Plaintiff that he was not employed

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by WFC;
WHEREAS, 28 U.S.C. section 1404(a) grants district courts the discretion to

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transfer any civil action to any other district or division where it might have been brought “[f]or

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the convenience of parties and witnesses, in the interest of justice,” in order to “prevent the waste

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‘of time, energy, and money’ and ‘to protect litigants, witnesses and the public against

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unnecessary inconvenience and expense.’” Van Dusen v. Barrack, 376 U.S. 612, 616 (1964)
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STIPULATION TO TRANSFER CASE TO
CENTRAL DISTRICT OF CALIFORNIA
CASE NO. 12 4509

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(quoting Continental Grain Co. v. The Barge FBL-585, 364 U.S. 19, 26-27 (1960));
WHEREAS, Defendants agree that Plaintiff could have brought this action in the

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United States District Court for the Central District of California because Defendants conduct

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business throughout California, including in the Central District, and because Plaintiff worked for

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WFB in the Central District, which is where “a substantial part of the events or omissions giving

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rise to the claim occurred,” making venue in the district proper (28 U.S.C. § 1391(b)(2), (c));
WHEREAS, Defendants agree that they are subject to personal jurisdiction in the

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United States District Court for the Central District of California;
WHEREAS, the parties further agree that the pertinent witnesses and records, to

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the extent they are in California, are in the Central District, and that transfer to the Central District

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will therefore ease discovery and other litigation-related costs, and is in the interests of justice;
WHEREAS, the requested transfer will have no effect on any other scheduled

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dates;
WHEREAS, the parties’ agreement to transfer shall be in no way construed to

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have any effect on the underlying litigation or merits of the case, and this stipulation shall not be

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construed to modify, limit or otherwise affect the allegations in Plaintiff’s complaint, including,

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but not limited to, Plaintiff’s alleged class definition; and
WHEREAS, the parties agree that they shall both bear their own costs with

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respect to this stipulation, and specifically, Plaintiff shall not be subject to any costs or sanctions

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for initiating this case in the Northern District of California, and it is agreed that he did so in good

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faith.

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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, this case

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shall be transferred to the United States District Court for the Central District of California,

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Western Division, in Los Angeles, California.

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IT IS SO STIPULATED.

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STIPULATION TO TRANSFER CASE TO
CENTRAL DISTRICT OF CALIFORNIA
CASE NO. 12 4509

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DATED: February 8, 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: February 8, 2013

Munger, Tolles & Olson LLP

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By: /s/ Mari Overbeck
Mari Overbeck
Attorneys for Defendants

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Filer’s Attestation

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I, Malcolm A. Heinicke, am the ECF user whose identification and password are
being used to file this STIPULATION AND [PROPOSED] ORDER TO TRANSFER CASE TO
THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF
CALIFORNIA. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Neda
Roshanian concurs in this filing.

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STIPULATION TO TRANSFER CASE TO
CENTRAL DISTRICT OF CALIFORNIA
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, pursuant to 28 U.S.C. section 1404, for the

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convenience of the parties and witnesses, and in the interests of justice, this case is

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TRANSFERRED to the United States District Court for the Central District of California,

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Western Division.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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February 12
DATED: __________________, 2013

_________________________
The Honorable Maxine M. Chesney
United States District Court Judge

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STIPULATION TO TRANSFER CASE TO
CENTRAL DISTRICT OF CALIFORNIA
CASE NO. 12 4509