Wells Fargo Bank, National Association et al v. City of Richmond, California et al

Filing 26

Joint MOTION to Relate Case with Stipulation filed by Deutsche Bank National Trust Company, Deutsche Bank Trust Company Americas, Wells Fargo Bank, National Association. (Attachments: # 1 Stipulation, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(Tsai, Rocky) (Filed on 8/16/2013)

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ROCKY C. TSAI (SBN 221452)
([e-mail])
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Wells Fargo Bank,
N.A., as Trustee, et al.
ADDITIONAL COUNSEL LISTED
ON SIGNATURE PAGE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3:13-cv-03663-CRB

WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee, et al.

JOINT STIPULATED
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES
SHOULD BE RELATED

Plaintiffs,
v.

FILED CONCURRENTLY HEREWITH:

CITY OF RICHMOND, CALIFORNIA, a
municipality; and MORTGAGE
RESOLUTION PARTNERS LLC, a Delaware
limited liability company,

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STIPULATION AND [PROPOSED]
ORDER TO CONSIDER CASES
RELATED

Defendants.

[Civil L.R. 3-12, 7-11 & 7-12]

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Case No. 3:13-cv-03664-JCS

THE BANK OF NEW YORK MELLON (f/k/a
The Bank of New York), as Trustee, on behalf
of the Trusts listed in Exhibit A, and U.S.
BANK NATIONAL ASSOCIATION, as
Trustee, on behalf of the Trusts listed in Exhibit
B,
Plaintiffs,

JOINT STIPULATED
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES
SHOULD BE RELATED
FILED CONCURRENTLY HEREWITH:
STIPULATION AND [PROPOSED]
ORDER TO CONSIDER CASES
RELATED

v.
CITY OF RICHMOND, CALIFORNIA, a
municipality; RICHMOND CITY COUNCIL;
MORTGAGE RESOLUTION PARTNERS
LLC, a Delaware limited liability company; and
GORDIAN SWORD LLC, a Delaware limited

[Civil L.R. 3-12, 7-11 & 7-12]

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JOINT STIPULATED ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED;
CASE NO. 3:13-CV-03663-CRB

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liability company;
Defendants.

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Pursuant to Civil Local Rules 3-12, 7-11, and 7-12, and the stipulation concurrently filed

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herewith, the undersigned parties, by and through their counsel, hereby respectfully submit this

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joint stipulated administrative motion requesting that the Court relate the following cases:

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Wells Fargo Bank, N.A., as Trustee, on behalf of the Trusts listed in Exhibit A, et al. v.
City of Richmond et al., No. 3:13-CV-03663-CRB (the “Wells Fargo Action”); and

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The Bank of New York Mellon, as Trustee, et al. v. City of Richmond et al., No. 3:13-CV03664-JCS (the “BNYM Action”)

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The above-referenced actions (the “Related Actions”) both assert claims against the City

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of Richmond and Mortgage Resolution Partners LLC alleging that the use of the City of

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Richmond’s power of eminent domain to seize certain mortgage loans is unconstitutional. The

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Related Actions are based on similar factual allegations. The Related Actions also assert similar

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claims, including claims alleging the following:

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

Violation of the “Public Use” requirement and the prohibitions against extraterritorial
seizures under the Takings Clauses of the U.S. and California Constitutions;

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Violation of the Commerce and Contracts clauses of the U.S. Constitution; and

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Violation of the “Just Compensation” requirements of the Takings Clauses of the U.S.

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and California Constitutions.

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The BNYM and Wells Fargo Actions are therefore related because the actions concern

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substantially the same parties, property, transaction or event, and it appears likely that there will

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be an unduly burdensome duplication of labor and expense or conflicting results if the cases are

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conducted before different Judges. See Civil L.R. 3-12. An order relating the Related Actions

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will serve the interests of judicial economy by avoiding the duplication of labor and expense that

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would likely result from conducting these cases in an uncoordinated manner.

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Accordingly, the undersigned parties respectfully request that the Court enter an order

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relating the BNYM and Wells Fargo Actions. Pursuant to Civil Local Rule 7-12, counsel for the

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JOINT STIPULATED ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED;
CASE NO. 3:13-CV-03663-CRB
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undersigned parties in the Related Actions have stipulated that the cases should be related. That

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stipulation is filed concurrently herewith.

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Respectfully submitted,

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Dated: August 16, 2013

ROPES & GRAY LLP
By: /s/ Rocky C. Tsai
____________________________________
Rocky C. Tsai
ATTORNEYS FOR PLAINTIFFS WELLS
FARGO BANK, N.A., AS TRUSTEE;
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE; AND DEUTSCHE
BANK TRUST COMPANY AMERICAS, AS
TRUSTEE
CASE NO. 3:13-CV-03663-CRB

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MAYER BROWN LLP
By: /s/ Bronwyn F. Pollock
_____________________________________
Donald M. Falk
Bronwyn F. Pollock

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ATTORNEYS FOR PLAINTIFF THE BANK OF
NEW YORK MELLON, AS TRUSTEE (F/K/A
THE BANK OF NEW YORK)
CASE NO. 3:13-CV-03664-JCS
JONES DAY
By: /s/ Matthew A. Martel
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Matthew A. Martel
ATTORNEYS FOR PLAINTIFF U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE
Case No. 3:13-CV-03664-JCS

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ALTSHULER BERZON LLP

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By: /s/ Scott A. Kronland
____________________________________
Scott A. Kronland

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JOINT STIPULATED ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED;
CASE NO. 3:13-CV-03663-CRB
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ATTORNEYS FOR DEFENDANTS
Case No. 3:13-CV-03663-CRB
Case No. 3:13-CV-03664-JCS

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I attest that concurrence in the filing of this document has been obtained from Bronwyn
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F. Pollock, Matthew A. Martel, and Scott A. Kronland, whose conformed signatures are set forth
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above.
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/s/ Rocky C. Tsai
_________________________
Rocky C. Tsai

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JOINT STIPULATED ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED;
CASE NO. 3:13-CV-03663-CRB
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