Corbin v. Wells Fargo Bank, N.A. et al

Filing 62

ORDER GRANTING re 61 Stipulation To STay Case filed by Wells Fargo Bank, N.A., Wells Fargo Insurance Services USA, Inc. Case Management Statement due by 4/4/2014. Further Case Management Conference previously set for 2/28/14 at 9:30 AM has been specially re-set for 4/11/2014 at 11:00 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 2/26/14. (klhS, COURT STAFF) (Filed on 2/26/2014)

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 PHILIP BARILOVITS (State Bar No. 199944)
[e-mail]
3 MICHAEL G. CROSS (State Bar No. 268999)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendants
8 WELLS FARGO BANK, N.A. and
WELLS FARGO INSURANCE SERVICES
9 USA, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOUGLAS CORBIN, individually and on
14 behalf of all others similarly situated,
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Plaintiff,

Case No. 3:13-cv-1353-JCS
JOINT STIPULATION TO STAY CASE;
[PROPOSED] ORDER

vs.

17 WELLS FARGO BANK, N.A. and WELLS
FARGO INSURANCE SERVICES USA,
18 INC.,
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Defendants.

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07725.0156/3134559.1

3:13-cv-1353-JCS
JOINT STIPULATION TO STAY; [PROPOSED] ORDER

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Plaintiff Douglas Corbin (“Plaintiff”) and Defendants Wells Fargo Bank, N.A., and Wells

2 Fargo Insurance Services USA, Inc., (“Defendants” or collectively, “Wells Fargo”) through their
3 attorneys of record, hereby agree and stipulate as follows:
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A.

On February 11, 2014, this Court entered Orders staying two related cases. See

5 McKenzie v. Wells Fargo Bank, N.A., Case No. 3:11-cv-04965-JCS, Dkt. 234; Leghorn v. Wells
6 Fargo Bank, N.A., Case No. 3:13-cv-000708-JCS, Dkt. 16. The stays in McKenzie and Leghorn,
7 which were agreed to by the parties in those cases, were based upon the settlement in principle of
8 another pending action involving Wells Fargo’s lender placed insurance (“LPI”) program, Fladell
9 v. Wells Fargo Bank, N.A., et al., S.D. Fla. Case No. 1:13-cv-60721-FAM.
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B.

This case, like McKenzie and Leghorn, also involves Wells Fargo’s LPI program.

11 Both McKenzie and Leghorn have been related to this case by Court order. See Dkt. 13-14.
12 Certain deadlines, including those for filing a motion for class certification, are approaching. See
13 Dkt. 36.
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C.

The parties believe it is in the best interest of efficiency – both for this Court and

15 for the parties – to stay this action on the same terms as McKenzie and Leghorn were stayed, i.e.,
16 for 60 days from February 11, 2014, and subject to Plaintiff’s right to ask that this stay be lifted
17 once the terms of the Fladell settlement become public (and further subject to Wells Fargo being
18 given the right to respond.)
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NOW, THEREFORE, SUBJECT TO COURT ORDER, THE PARTIES HEREBY

21 STIPULATE THAT:
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1. All proceedings in this action are hereby stayed until 60 days from February 11,

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2014, subject to Plaintiff’s right to ask the Court to lift the stay once the terms of

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the proposed Fladell settlement are disclosed. In the event Plaintiff exercises this

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right, Defendants will have the right to respond. Any pending discovery response

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deadlines and any other pending deadlines are extended sixty days.

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2. The parties shall appear on April 11, 2014 at 11:00 a.m. in Courtroom G, 450

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Golden Gate Avenue, 15th Floor, San Francisco, California, for a Case
07725.0156/3134559.1

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3:13-cv-1353-JCS
JOINT STIPULATION TO STAY; [PROPOSED] ORDER

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Management Conference. The parties shall submit a Case Management Statement

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one week in advance of the Conference.

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3. The Case Management Conference scheduled for Friday, February 28, 2014 at 9:30
a.m. is vacated.

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IT IS SO STIPULATED.

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8 DATED: February 25, 2014
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SEVERSON & WERSON
A Professional Corporation
By: /s/ Philip Barilovits
Attorneys for Defendants
WELLS FARGO BANK N.A. and
WELLS FARGO INSURANCE SERVICES USA,
INC.

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DATED: February 25, 2014

NICHOLS KASTER, PLLP
By: /s/ Kai H. Richter
Attorneys for Plaintiff
DOUGLAS CORBIN

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ATTESTATION UNDER CIVIL L.R. 5-1(i)(3)

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I, Philip Barilovits, am the ECF User whose ID and password are being used to file this
joint stipulation. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Kai Richter has
concurred in this filing.

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/s/ Philip Barilovits__

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07725.0156/3134559.1

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3:13-cv-1353-JCS
JOINT STIPULATION TO STAY; [PROPOSED] ORDER

seph C.

Spero

R NIA

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Dated: _____________________, 2014
2/26/14

NO

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FO

HON. Judge Jo
JOSEPH C. SPERO
UNITED ESTATES MAGISTRATE JUDGE
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UNIT
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IT IS SO ORDERED.

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07725.0156/3134559.1

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3:13-cv-1353-JCS
JOINT STIPULATION TO STAY; [PROPOSED] ORDER