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

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER re 25 MOTION to Dismiss , 26 Clerks Notice, Set Motion and Deadlines/Hearings,,,, to modify briefing schedule filed by Assurant, Inc., American Security Insurance Company. Signed by Judge Edward M. Chen on 12/5/13. (bpf, COURT STAFF) (Filed on 12/5/2013)

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
PETER S. HECKER (Bar No. 66159)
[e-mail]
DAVID E. SNYDER (Bar No. 262001)
[e-mail]
Four Embarcadero Center
Seventeenth Floor
San Francisco, California 94111-4109
Telephone: [phone]
Facsimile: [phone]
FRANK G. BURT (pro hac vice)
[e-mail]
W. GLENN MERTEN (pro hac vice)
[e-mail]
BRIAN P. PERRYMAN (pro hac vice)
[e-mail]
RICHARD D. EULISS (pro hac vice)
[e-mail]
JORDEN BURT LLP
1025 Thomas Jefferson Street, NW
Suite 400 East
Washington, DC 20007-0805
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ASSURANT, INC. and AMERICAN SECURITY INSURANCE CO.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PATRICK URSOMANO, GIOVANNI
CANONICO and URSULA CANONICO,
individually and on behalf of all others
similarly situated,
Plaintiffs,

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v.

Case No. 3:13-cv-04381-EMC

STIPULATION AND PROPOSED ORDER
TO MODIFY BRIEFING SCHEDULE;
DECLARATION OF PETER S. HECKER
IN SUPPORT OF SAME

WELLS FARGO BANK, N.A., WELLS
FARGO INSURANCE, INC., ASSURANT,
INC., and AMERICAN SECURITY
INSURANCE COMPANY,
Defendants.

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SMRH:414227320.1

3:13-cv-04381-EMC
STIPULATION AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

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STIPULATION TO MODIFY BRIEFING SCHEDULE
Pursuant to Civil L.R. 7-12, 6-1(b) and 6-2, it is hereby stipulated by and between the
parties, through their respective attorneys, that:
WHEREAS, defendants Assurant, Inc. and American Security Insurance Co.

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(collectively “ASIC”) on December 2, 2013 filed a motion to dismiss the First Amended

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Complaint (the “motion”) of plaintiffs Patrick Ursomano, Giovanni Canonico and Ursula

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Canonico (collectively “plaintiffs”);

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WHEREAS, the hearing date on the motion was set for January 23, 2014;

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WHEREAS, on December 4, 2013, the Court issued a text order [Dkt. No. 26] resetting

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the hearing date on the motion from January 23, 2014 to February 6, 2014.
WHEREAS, under the Local Rules, plaintiffs’ opposition to the motion is currently due
on December 16, 2013, and ASIC’s reply is due December 23, 2013;

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WHEREAS, to accommodate the upcoming holidays and to permit sufficient time to

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adequately brief the matter, ASIC proposed a modified briefing schedule such that plaintiffs’

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opposition papers would be due December 20, 2013 and ASIC’s reply papers would be due

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January 9, 2014;

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WHEREAS, plaintiffs agreed to the proposed briefing schedule;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to

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the Court’s approval:
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Plaintiffs shall file and serve their opposition to the motion on or before
December 20, 2013;

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ASIC shall file and serve its reply papers on or before January 9, 2014;

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The hearing on the motion shall be on February 6, 2014 at 1:30 p.m.;

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Filer's Attestation: Pursuant to L.R. 5-1(i)(3), Peter S. Hecker hereby attests that concurrence
by all signatories in the filing of this document has been obtained.

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SMRH:414227320.1

-1-

3:13-cv-04381-EMC
STIPULATION AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

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Dated: December 4, 2013

/s/ Peter S. Hecker
Peter S. Hecker
SHEPPARD MULLIN RICHTER & HAMPTON LLP
Attorneys for Defendants Assurant Inc. and American
Security Insurance Co.

Dated: December 4, 2013

/s/ Peter A. Muhic
Peter A. Muhic
KESSLER TOPAZ MELTZER & CHECK LLP
Attorneys for Plaintiffs Patrick Ursomano, Giovanni
Canonico and Ursula Canonico

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ISTRIC
ES D
TC
T
TA
_______________________________

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GRAN

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RT

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A

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n

M. Che

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dward
Judge E

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FO

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R NIA

The Edward M. Chen
United States District Judge
ED

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Dated: December 5 2013
__,

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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F
D IS T IC T O
R

C

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SMRH:414227320.1

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3:13-cv-04381-EMC
STIPULATION AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE; DECLARATION IN SUPPORT

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DECLARATION OF PETER S. HECKER

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I, Peter S. Hecker, declare:

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1.

I am an attorney duly admitted to practice before this Court. I am a partner with

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the law firm of Sheppard Mullin Richter & Hampton, LLP, counsel for defendants Assurant, Inc.

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and American Security Insurance Co. in this case (collectively “ASIC”). I have personal

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knowledge of the facts set forth below.

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2.

As set forth in the above stipulation, plaintiffs Patrick Ursomano, Giovanni

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Canonico and Ursula Canonico (collectively “plaintiffs”) have stipulated that plaintiffs shall file

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and serve their opposition to ASIC’s motion to dismiss (the “motion”) on or before December

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20, 2013; ASIC shall file and serve its reply papers on or before January 9, 2013; and the hearing

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on the motion shall be on February 6, 2014.

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3.

The reason for the requested extension is to accommodate the upcoming holidays

and the schedules of counsel, and to permit sufficient time to adequately brief the matter.

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4.

The parties have not previously stipulated to any calendar modifications.

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5.

Due to the minimal nature of the stipulated extensions, and because the Court-

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ordered hearing date on the motion will remain unchanged, I believe that the requested

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extensions will not have any significant impact on the schedule for the case.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this fourth day of December 2013 at San Francisco, California.

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/s/ Peter S. Hecker
PETER S. HECKER

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SMRH:414227320.1

-3-

3:13-cv-04381-EMC
STIPULATION AND PROPOSED ORDER TO MODIFY
BRIEFING SCHEDULE; DECLARATION IN SUPPORT