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

Filing 76

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 8/27/14. (klh, COURT STAFF) (Filed on 8/27/2014)

1 SHANON J. CARSON (Pennsylvania Bar No. 85957)
[e-mail] (Admitted Pro Hac Vice)
2 PATRICK F. MADDEN (Pennsylvania Bar No. 309991)
[e-mail] (Admitted Pro Hac Vice)
3 BERGER & MONTAGUE, P.C.
1622 Locust St.
4 Philadelphia, PA 19103
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff
DOUGLAS T. CORBIN
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MICHAEL J. STEINER (State Bar No. 112079)
8 [e-mail]
PHILIP BARILOVITS (State Bar No. 199944)
9 [e-mail]
MICHAEL G. CROSS (State Bar No. 268999)
10 [e-mail]
SEVERSON & WERSON
11 A Professional Corporation
One Embarcadero Center, Suite 2600
12 San Francisco, California 94111
Telephone: [phone]
13 Facsimile: [phone]
14 Attorneys for Defendants
WELLS FARGO BANK, N.A. and
15 WELLS FARGO INSURANCE SERVICES
USA, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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20 DOUGLAS CORBIN, individually and on
behalf of all others similarly situated,
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Plaintiff,
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vs.
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WELLS FARGO BANK, N.A. and WELLS
24 FARGO INSURANCE SERVICES USA,
INC.,
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Defendants.
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Case No. 3:13-cv-1353-JCS
STIPULATION OF VOLUNTARY
DISMISSAL; [PROPOSED] ORDER

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Plaintiff Douglas T. Corbin (“Plaintiff”) and Defendants Wells Fargo Bank, N.A., and
07725.0156/3368771.1

3:13-cv-1353-JCS
STIPULATION RE DISMISSAL; [PROPOSED] ORDER

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

Whereas, this case was commenced by Plaintiff when he filed his complaint on

4 March 26, 2013 (the “Complaint.”)
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B.

Whereas, in the Complaint, Plaintiff made certain allegations against Defendants

6 relating to Defendants’ commercial property flood insurance requirements which allegations
7 Plaintiff purported to assert both individually and on behalf of a nationwide class and a California
8 class of plaintiffs;
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C.

Whereas, Defendants denied that their actions were wrongful in any respect with

10 regard to Plaintiff and any putative class;
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D.

Whereas, court approval of a settlement, voluntary dismissal or compromise under

12 Federal Rule of Civil Procedure 23(e) is required only for “certified class” actions and the
13 Advisory Committee Notes for Rule 23(e) state that court approval is required only if “the claims,
14 issues, or defenses of a certified class are resolved by a settlement, voluntary dismissal, or
15 compromise,” rejecting the view that court approval is required for settlements “with putative
16 class representatives that resolve[] only individual claims.” See Rule 23 Advisory Committee
17 Notes, 2003 Amendments.
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E.

Whereas, Plaintiff has never brought a motion to certify any class in this case and

19 the Court has never certified any class in this case under Federal Rule of Civil Procedure 23;
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F.

Whereas, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff

21 may dismiss an action by filing a stipulation of dismissal signed by all parties who have appeared;
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G.

Whereas, the parties have reached a settlement of Plaintiff’s individual claims

23 against Defendants in which the Plaintiff’s individual claims will be dismissed with prejudice and
24 the members of any putative class will be dismissed without prejudice;
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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE THAT:

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All of the individual claims and allegations brought by Douglas T. Corbin against

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either Wells Fargo Bank, N.A., Wells Fargo Insurance Services USA, Inc., or the

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07725.0156/3368771.1

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3:13-cv-1353-JCS
STIPULATION RE DISMISSAL; [PROPOSED] ORDER

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both of them, are hereby dismissed with prejudice. All claims and allegations of

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any putative class members are hereby dismissed without prejudice.

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IT IS SO STIPULATED.

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6 DATED: August 22, 2014
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SEVERSON & WERSON
A Professional Corporation
By: /s/ Michael J. Steiner
Attorneys for Defendants
WELLS FARGO BANK N.A. and
WELLS FARGO INSURANCE SERVICES USA,
INC.

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13 DATED: August 22, 2014
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BERGER & MONTAGUE, P.C.
By: /s/ Shanon J. Carson
Attorneys for Plaintiff
DOUGLAS T. CORBIN

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07725.0156/3368771.1

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3:13-cv-1353-JCS
STIPULATION RE DISMISSAL; [PROPOSED] ORDER

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[PROPOSED] ORDER
Pursuant to Rule 23(e) and Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure

3 and pursuant to the stipulation of the parties, Douglas T. Corbin’s individual claims are hereby
4 dismissed with prejudice and the claims of the putative class members are hereby dismissed

pero

S
seph C.

Judge Jo

FO

NO

August 27
Dated: _____________________, 2014

R NIA

UNIT
ED

IT IS SO ORDERED.

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A

H

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HON. JOSEPH C. SPERO
ER
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UNITED STATES MAGISTRATE JUDGE
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RT

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S DISTRICT
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5 without prejudice.

D IS T IC T O
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3:13-cv-1353-JCS
STIPULATION RE DISMISSAL; [PROPOSED] ORDER

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ATTESTATION UNDER CIVIL L.R. 5-1(i)(3)
I, Michael J. Steiner, am the ECF User whose ID and password are being used to file this

3 stipulation of voluntary dismissal and proposed order . In compliance with Civil L.R. 5-1(i)(3), I
4 hereby attest that Shanon J. Carson has concurred in this filing.
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/s/ Michael J. Steiner
Michael J. Steiner

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3:13-cv-1353-JCS
STIPULATION RE DISMISSAL; [PROPOSED] ORDER