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

Filing 55

ORDER DIRECTING DEFENDANT WELLS FARGO TO FILE SUR-REPLY BY NOON ON MARCH 1, 2017 (Illston, Susan) (Filed on 2/23/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROGER GONZALES,

Case No. 13-cv-02447-SI

Plaintiff,
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v.
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WELLS FARGO BANK, N.A., et al.,

ORDER DIRECTING DEFENDANT
WELLS FARGO TO FILE SUR-REPLY
BY NOON ON MARCH 1, 2017

Defendants.

United States District Court
Northern District of California

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Plaintiff’s motion to enforce the settlement agreement is scheduled for a hearing on March

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3, 2017. Plaintiff did not provide a copy of the settlement agreement with his motion, nor does the

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motion specify how Wells Fargo allegedly breached the settlement agreement. Wells Fargo’s

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opposition argues, inter alia, that plaintiff has failed to demonstrate any breach of the contract

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because of a failure of proof. In his reply papers, plaintiff states that Wells Fargo breached the

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settlement agreement by failing to forgive portions of his loan balance, for a total of $86,953.47.

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Plaintiff also filed a declaration in support of the reply brief which includes, inter alia, a copy of

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the settlement agreement and bank and loan statements.

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The Court directs defendant to file a sur-reply by noon on March 1, 2017, addressing

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whether Wells Fargo has breached the settlement agreement by failing to forgive any portion of

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plaintiff’s loan balance.

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IT IS SO ORDERED.

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Dated: February 23, 2017

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SUSAN ILLSTON
United States District Judge