Murphy et al v. Wells Fargo Home Mortgage et al

Filing 27

ORDER Initial Case Management Conference set for 6/14/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 3/15/13. (tfS, COURT STAFF) (Filed on 3/18/2013)

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Amanda L. Groves (SBN: 187216)
2 [e-mail]
WINSTON & STRAWN LLP
3 101 California Street
San Francisco, CA 94111-5802
4 Tel.: [phone]; Fax: [phone]
5 T. Thomas Cottingham, III (admitted pro hac vice)
[e-mail]
6 Stacie C. Knight (admitted pro hac vice)
[e-mail]
7 WINSTON & STRAWN LLP
100 North Tryon Street, Suite 2900
8 Charlotte, NC 28202-1078
Tel.: [phone]; Fax: [phone]
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Mark T. Flewelling (SBN: 96465)
10 [e-mail]
Yaw-Jiun (Gene) Wu (SBN: 228240)
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Leigh O. Curran (SBN: 173322)
12 [e-mail]
ANGLIN, FLEWELLING, RASMUSSEN,
13 CAMPBELL & TRYTTEN
199 So. Los Robles Ave., #600
14 Pasadena, CA 91101
Tel: [phone]; Fax: [phone]
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Attorneys For Defendants WELLS FARGO HOME
16 MORTGAGE, a Division of WELLS FARGO BANK, N.A.,
successor by merger with Wells Fargo Bank Southwest, N.A.,
17 f/k/a WACHOVIA MORTGAGE, FSB, f/k/a WORLD
SAVINGS BANK, FSB, and successor by merger with
18 WACHOVIA MORTGAGE CORPORATION; WORLD
SAVINGS, INC.; WELLS FARGO BANK SOUTH
19 CENTRAL, N.A., successor by merger with WACHOVIA
BANK, FSB, f/k/a WORLD SAVINGS BANK, FSB (TEXAS);
20 and WELLS FARGO & COMPANY, successor by merger with
WACHOVIA CORPORATION, which was successor by
21 merger with GOLDEN WEST FINANCIAL CORPORATION
(“Wells Fargo”)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
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JENNIFER MURPHY, et al., Individually And CASE NO.: 3:12-CV-06228 - SI
On Behalf Of All Others Similarly Situated,
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[The Hon. Susan Illston]
Plaintiffs,
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JOINT STIPULATION ON PROPOSED
v.
BRIEFING SCHEDULE AND HEARING
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ON MOTION, AND TO CONTINUE
WELLS FARGO HOME MORTGAGE, et al., INITIAL CASE MANAGEMENT
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CONFERENCE; DECLARATION OF
Defendants
YAW-JIUN (GENE) WU
CASE NO.: 3:12-CV-06228 - SI
93000/HR0791/00597832-2

JOINT STIPULATION RE BRIEFING SCHEDULE AND CMC

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The parties, by and through their counsel of record, hereby enter in the stipulation below

2 concerning the response to Plaintiffs’ Amended Complaint, the briefing schedule and hearing
3 date for any motion to dismiss, and the continuance of the initial case management conference.
4 This stipulation is based on the following:
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A.

Plaintiffs filed their amended complaint on March 1, 2013 (Dkt #15);

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B.

Because of the complexity of the factual and legal issues raised in the amended

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complaint, and to coordinate the briefing of any motion to dismiss in this action

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with the briefing in D’Alessio v. Wells Fargo Home Mortgage, Case Number C

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13-00999-SI, which was related to this action by Order dated March 12, 2013

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(Dkt #23), the parties desire that the Court set the briefing schedule set forth

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below, which schedule the parties are also stipulating to in D’Alessio;

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C.

The parties also desire that the Court continue the initial case management

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conference, currently scheduled for March 22, 2013 at 2:30 p.m., to June 14, 2013

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at 2:30 p.m. so that it can take place on the same date that the initial case

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management conference in D’Alessio has been set for (Dkt # 9), and any motions

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filed in response to the amended complaint are heard and which date the parties

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are also stipulating to in D’Alessio;

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The parties hereby stipulate:

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1.

Defendants shall respond to the amended complaint on or before April 12, 2013;

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2.

If Defendants file a motion in response to the amended complaint, then Plaintiffs

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3.

Defendants shall file a reply brief on or before May 31, 2013.

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4.

Defendants’ motion in response to the amended complaint shall be heard on June

24 14, 2013 at 9:00 a.m., or as otherwise set by the Court.
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5.

The initial case management conference shall be continued to June 14, 2013 at

26 2:30 p.m., or as otherwise set by the Court.
27 Dated: March 15, 2013

BERNS WEISS LLP

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/s/ Lee A. Weiss

By:
93000/HR0791/00597832-2

CASE NO.: 3:12-CV-06228 - SI
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JOINT STIPULATION RE BRIEFING SCHEDULE AND CMC

Lee A. Weiss (SBN 131351) (admitted pro hac vice)
585 Stewart Avenue, Suite L-20
Garden City, New York 11540
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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Dated: March 15, 2013
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ANGLIN, FLEWELLING, RASMUSSEN
CAMPBELL & TRYTTEN LLP

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By:
/s/ Yaw-Jiun (Gene) Wu
Mark T. Flewelling (SBN 96465)
Yaw-Jiun (Gene) Wu (SBN: 228240)
Leigh O. Curran (SBN: 173322)
199 So. Los Robles Ave. Suite 600
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants WELLS FARGO HOME
MORTGAGE, a Division of WELLS FARGO BANK,
N.A., successor by merger with Wells Fargo Bank
Southwest, N.A., f/k/a WACHOVIA MORTGAGE,
FSB, f/k/a WORLD SAVINGS BANK, FSB, and
successor by merger with WACHOVIA MORTGAGE
CORPORATION; WORLD SAVINGS, INC.; WELLS
FARGO BANK SOUTH CENTRAL, N.A., successor
by merger with WACHOVIA BANK, FSB, f/k/a
WORLD SAVINGS BANK, FSB (TEXAS); and
WELLS FARGO & COMPANY, successor by merger
with WACHOVIA CORPORATION, which was
successor by merger with GOLDEN WEST
FINANCIAL CORPORATION
(“Wells Fargo”)

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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23 Dated:

3/15

, 2013
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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93000/HR0791/00597832-2

CASE NO.: 3:12-CV-06228 - SI
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JOINT STIPULATION RE BRIEFING SCHEDULE AND CMC

ECF CERTIFICATION

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Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained
concurrence regarding the filing of this document from the signatories to the document.

5 Dated: March 15, 2013

By:
/s/ Yaw-Jiun (Gene) Wu
Mark T. Flewelling (SBN 96465)
Yaw-Jiun (Gene) Wu (SBN: 228240)
Leigh O. Curran (SBN: 173322)
ANGLIN, FLEWELLING, RASMUSSEN
CAMPBELL & TRYTTEN LLP
199 So. Los Robles Ave. Suite 600
Pasadena, CA 91101
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants WELLS FARGO
HOME MORTGAGE, a Division of
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank
Southwest, N.A., f/k/a WACHOVIA
MORTGAGE, FSB, f/k/a WORLD
SAVINGS BANK, FSB, and successor by
merger with WACHOVIA MORTGAGE
CORPORATION; WORLD SAVINGS,
INC.; WELLS FARGO BANK SOUTH
CENTRAL, N.A., successor by merger with
WACHOVIA BANK, FSB, f/k/a WORLD
SAVINGS BANK, FSB (TEXAS); and
WELLS FARGO & COMPANY, successor
by merger with WACHOVIA
CORPORATION, which was successor by
merger with GOLDEN WEST FINANCIAL
CORPORATION
(“Wells Fargo”)

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93000/HR0791/00597832-2

CASE NO.: 3:12-CV-06228 - SI
3

JOINT STIPULATION RE BRIEFING SCHEDULE AND CMC

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DECLARATION OF YAW-JIUN (GENE) WU

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I, Yaw-Jiun (Gene) Wu, declare as follows:
1.

I am attorney licensed to practice law in the State of California and admitted to

practice before this Court. I am an associate with the law firm of Anglin, Flewelling, Rasmussen,
Campbell & Trytten, LLP, co-counsel of record for Defendants in the above-captioned case. I
have personal knowledge of the matters stated herein.
2.

On February 28, 2013, this Court scheduled the initial case management

conference for March 22, 2013 (Dkt #12).
3.

Plaintiffs filed a redacted version of their amended complaint on March 1, 2013

(Dkt #15). Plaintiffs filed an unredacted version of their amended complaint on March 6, 2013
(Dkt# 19).
4.

Because of the complexity of the factual and legal issues raised in the amended

complaint, and to coordinate the briefing of any motion to dismiss in this action with the briefing
in D’Alessio v. Wells Fargo Home Mortgage, Case Number C 13-00999-SI, which was related to
this action by Order dated March 12, 2013 (Dkt #23) (“D’Alessio Action”), the parties desire that
the Court set the following briefing schedule:
a. Defendants shall respond to the amended complaint on or before April 12, 2013;

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b. If Defendants file a motion in response to the amended complaint, then Plaintiffs

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shall file an opposition to the motion on or before May 10, 2013; and

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c. Defendants shall file a reply brief on or before May 31, 2013.

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d. Defendants’ motion in response to the amended complaint shall be heard on June

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14, 2013 at 9:00 a.m., or as otherwise set by the Court.

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5.

The parties are also stipulating to continue the initial case management

conference to June 14, 2013, so that any motion in response to the amended complaint could be
heard on the same date as the initial case management conference.
6.

On March 12, 2013, the Court ordered that the D’Alessio Action be related to

Murphy v. Wells Fargo Home Mortgage, Case Number C 12-06228-SI. (Dkt #23). The parties
are also stipulating to this same briefing schedule in the D’Alessio Action and the initial case
CASE NO.: 3:12-CV-06228 - SI
93000/HR0791/00597832-2

JOINT STIPULATION RE BRIEFING SCHEDULE AND CMC

1 management conference in the D’Alessio Action has already been set for June 14, 2013 at 2:30
2 pm.
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7.

The parties have not previously requested that the initial case management

4 conference be rescheduled.
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I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 15th day of March, 2013, at Pasadena, California.

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/s/ Yaw-Jiun (Gene) Wu
YAW-JIUN (GENE) WU

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93000/HR0791/00597832-2

CASE NO.: 3:12-CV-06228 - SI
1

JOINT STIPULATION RE BRIEFING SCHEDULE AND CMC

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CERTIFICATE OF SERVICE

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I, the undersigned, declare that I am over the age of 18 and am not a party to this action.
3 I am employed in the City of Pasadena, California; my business address is Anglin, Flewelling,
Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena,
4 California 91101-2459.
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On the date below, I served a copy of the foregoing document entitled:
JOINT STIPULATION ON PROPOSED BRIEFING SCHEDULE AND HEARING ON
MOTION, AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE;
DECLARATION OF YAW-JIUN (GENE) WU

8 on the interested parties in said case as follows:
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Served Electronically Via the Court’s CM/ECF System

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Attorneys for Plaintiffs and the Settlement Class
BERNS WEISS LLP
Jeffrey K. Berns
20700 Ventura Blvd. Suite 140
Woodland Hills, CA 91364

BERNS WEISS LLP
Lee A. Weiss
626 RXR Plaza
Uniondale, NY 11556

[e-mail]
Tel: [phone]
Fax: [phone]

[e-mail]
Tel: [phone]
Fax: [phone]

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I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. I declare that I am employed in the office of a member of the
17 Bar of this Court, at whose direction the service was made. This declaration is executed in
Pasadena, California on March 15, 2013.
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Vanessa Ngo

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(Type or Print Name)

/s/ Vanessa Ngo
(Signature of Declarant)

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CASE NO.: 3:12-CV-06228 - SI
93000/HR0791/00597832-2

CERTIFICATE OF SERVICE