D'Alessio et al v. Wells Fargo Home Mortgage et al

Filing 13

ORDER setting briefing schedule.. Signed by Judge Susan Illston on 3/15/13. (tfS, COURT STAFF) (Filed on 3/18/2013)

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BERNS WEISS, LLP
2 Jeffrey K. Berns (SBN 131351)
[e-mail]
3 20700 Ventura Blvd., Suite 140
Woodland Hills, CA 91364
4 Tel.: [phone]
Fax: [phone]
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BERNS WEISS LLP
Lee A. Weiss
(pro hac vice application forthcoming)
[e-mail]
585 Stewart Avenue, Suite L-20
Garden City, NY 11530
Tel: [phone]
Fax: [phone]

6 Attorneys For Plaintiffs
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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10 and on Behalf of All Others Similarly Situated, CASE NO. C 13-00999-SI
[The Hon. Susan Illston]
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Plaintiffs,
v.
JOINT STIPULATION ON PROPOSED
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BRIEFING SCHEDULE AND HEARING
WELLS FARGO HOME MORTGAGE, et al., ON MOTION; [PROPOSED] ORDER
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Defendants.
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The parties, by and through their counsel of record, hereby enter in the stipulation below
concerning the response to

, the briefing schedule and hearing date for any

motion to dismiss. This stipulation is based on the following:
A.

Plaintiffs filed their Class Action Complaint on March 4, 2013 (Dkt #1)

B.

Because of the complexity of the factual and legal issues raised in the complaint,
and to coordinate the briefing of any motion to dismiss in this action with the
briefing in Murphy v. Wells Fargo Home Mortgage, Case Number C 12-006228SI, which was related to this action by Order dated March 12, 2013 (Murphy, Dkt
#23), the parties desire that the Court set the briefing schedule set forth below,
which schedule the parties are also stipulating to in Murphy;

The parties hereby stipulate:
1. Defendants shall respond to the complaint on or before April 12, 2013;
2. If Defendants file a motion in response to the complaint, then Plaintiffs shall file an
opposition to the motion on or before May 10, 2013; and

CASE NO. C 13-00999-SI
JOINT STIPULATION RE BRIEFING SCHEDULE

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

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4.

complaint shall be heard on June 14, 2013 at

3 9:00 a.m., or as otherwise set by the Court.
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5. The initial case management conference shall remain at June 14, 2013 at 2:30 p.m., as

5 previously set. (Dkt #9).
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7 Dated: March 15, 2013
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BERNS WEISS LLP
By: ___/s/ Jeffrey K. Berns_______________________
Jeffrey K. Berns (SBN 131351)
[e-mail]
20700 Ventura Blvd, Suite 140
Woodland Hills, CA 91364
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
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ANGLIN, FLEWELLING, RASMUSSEN
CAMPBELL & TRYTTEN LLP

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By:
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/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

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CASE NO. C 13-00999-SI
JOINT STIPULATION RE BRIEFING SCHEDULE

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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4 Dated:

3/15

, 2013
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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CASE NO. C 13-00999-SI
JOINT STIPULATION RE BRIEFING SCHEDULE

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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.

6 Dated: March 15, 2013
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By: ___/s/ Jeffrey K. Berns__________

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Jeffrey K. Berns (SBN 131351)
BERNS WEISS, LLP
[e-mail]
20700 Ventura Blvd., Suite 140
Woodland Hills, CA 91364
Tel.: [phone]
Fax: [phone]

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CASE NO. C 13-00999-SI
JOINT STIPULATION RE BRIEFING SCHEDULE

CERTIFICATE OF SERVICE

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I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is Berns Weiss LLP, 20700 Ventura Blvd., Suite 140,
3 Woodland Hills, CA 91364. On the date listed below, I served the following document(s) by the
method indicated below:
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1. JOINT STIPULATION ON PROPOSED BRIEFING SCHEDULE AND
HEARING ON MOTION; [PROPOSED] ORDER

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the
by transmitting via facsimile on this date from fax number
document(s) listed above to the fax number(s) set forth below. The transmission was
completed before 5:00 PM and was reported complete and without error. The
transmission report, which is attached to this proof of service, was properly issued by the
transmitting fax machine. Service by fax was made by agreement of the parties,
confirmed in writing. The transmitting fax machine complies with Cal. R. Ct 2003(3).

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by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail Los Angeles, California addressed as set forth below. I

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correspondence for mailing. Under that practice, it would be deposited with the U.S.
Postal Service on that same day with postage thereon fully prepaid in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if
the postal cancellation date or postage meter date is more than one day after the date of
deposit for mailing in this Declaration.

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by placing the document(s) listed above in a sealed envelope(s) and by causing personal
delivery of the envelope(s) to the person(s) at the address(es) set forth below.

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by personally delivering the document(s) listed above to the person(s) at the address(es)
set forth below.

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by placing the document(s) listed above in a sealed envelope(s) and consigning it to an
express mail service for guaranteed delivery on the next business day following the date
of consignment to the address(es) set forth below.

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by transmitting via email to the parties at the email addresses listed below.

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T. Thomas Cottingham, III
[e-mail]
Stacie C. Knight
[e-mail]
WINSTON & STRAWN LLP
214 North Tryon Street
Charlotte, NC 28202-1078
Tel.: [phone]
Fax.: [phone]

Amanda L. Groves
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
T. 415.591.1000
F. 415.591.1400
Attorneys for Defendants

Attorneys for Defendants
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CASE NO. C 13-00999-SI
JOINT STIPULATION RE BRIEFING SCHEDULE

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Mark T. Flewelling
[e-mail]
Yaw-Jiun (Gene) Wu
[e-mail]
Leigh O. Curran
[e-mail]
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL, AND TRYTTEN
199 So. Los Robles Avel., #600
Pasadena, CA 91101
T. 626.535.1900
F. 626.577.7764

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Attorneys for Defendants

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I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on March 15, 2013, at Woodland Hills, California.

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Albert G. Lum

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CASE NO. C 13-00999-SI
JOINT STIPULATION RE BRIEFING SCHEDULE