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

Filing 43

STIPULATION AND ORDER re 41 STIPULATION WITH PROPOSED ORDER to Withdrawal Count I of Plaintiffs' First Amended Complaint filed by Giovanni Canonico, Ursula Canonico. Signed by Judge Edward M. Chen on 1/30/14. (bpf, COURT STAFF) (Filed on 1/30/2014)

1 KESSLER TOPAZ
MELTZER & CHECK, LLP
2 Peter A. Muhic (Pro Hac Vice)
Edward W. Ciolko
3 280 King of Prussia Road
Radnor, PA 19087
4 Telephone: [phone]
Facsimile: [phone]
5 - and –
6 Eli R. Greenstein (SBN 217945)
One Sansome Street
7 Suite 1850
San Francisco, CA 94104
8 Telephone: [phone]
Facsimile: [phone]
9
Counsel for Plaintiffs and the Proposed Classes
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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12 PATRICK URSOMANO, GIOVANNI
CANONICO and URSULA CANONICO ,
13 individually and on behalf of all others similarly
situated,
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Plaintiffs,
15
v.
16
WELLS FARGO BANK, N.A., WELLS FARGO
17 INSURANCE, INC., ASSURANT, INC., and
AMERICAN SECURITY INSURANCE
18 COMPANY,
19

Case No.13-cv-04381-EMC
JOINT STIPULATION AND
[PROPOSED] ORDER TO
WITHDRAWAL COUNT I OF
PLAINTIFFS’ FIRST AMENDED
COMPLAINT
Action Filed: September 20, 2013
Judge: Hon. Edward M. Chen

Defendants.

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Pursuant to Northern District of California Civil L.R. 6.1 and 6.2, Plaintiffs, Patrick

22 Ursomano, Giovanni Canonico and Ursula Canonico (collectively “Plaintiffs”) and Defendants
23 Wells Fargo Bank, N.A. and Wells Fargo Insurance, Inc. (collectively, “Defendants”) (together, the
24 “Parties”) respectfully submit the following Joint Stipulation to the Voluntary Dismissal, with
25 prejudice, of Count One of the First Amended Class Action Complaint (ECF No. 4) in the above26 captioned action, which alleges violation of the Anti-Tying Provisions of the Bank Holding Act, 12
27 U.S.C. §1972, et seq. against Wells Fargo Bank, N.A.
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-1Case No. 13-cv-04381-EMC
JOINT STIPULATION AND [PROPOSED] ORDER TO WITHDRAWAL COUNT I OF PLAINTIFFS
FIRST AMENDED COMPLAINT

1

WHEREAS, Plaintiffs Patrick Ursomano, Giovanni Canonico and Ursula Canonico filed the

2 First Amended Class Action Complaint (the “FACC”) against Defendants on October 4, 2013. See
3 ECF No. 4. The FACC alleges claims for violation of the Anti-Tying Provisions of the Bank
4 Holding Act, 12 U.S.C. §1972, et seq, (Count One) against Wells Fargo Bank, N.A., and violation of
5 the California Business & Professions Code § 17200, et seq., (Count Two) against all Defendants.
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WHEREAS, Defendants Wells Fargo Bank, N.A. and Wells Fargo Insurance, Inc. filed a

7 Motion to Dismiss on January 15, 2014. See ECF No. 38.
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WHEREAS, the Parties have agreed to the voluntary dismissal of Count One (Violation of

9 the Anti-Tying Provisions of the Bank Holding Act, 12 U.S.C. §1972, et seq.), only, with prejudice,
10 thereby obviating the need for the Court to rule upon or address any issues surrounding Count One
11 of the FACC in connection with the Motion to Dismiss.
12

IT IS HEREBY STIPULATED AS FOLLOWS:
1.

13

Count One of the First Amended Class Action Complaint (ECF No. 4) in the

14 above-captioned action, which alleges a violation of the Anti-Tying Provisions of the Bank Holding
15 Act, 12 U.S.C. §1972, et seq., against Wells Fargo Bank, N.A. is voluntarily dismissed with
16 prejudice.
17

2.

Each party shall bear his, her or its own costs and expenses, including

18 attorneys’ fees, and waives any rights of appeal that may exist as to the dismissal of the claim under
19 the Anti-Tying Provisions of the Bank Holding Act.
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IT IS SO STIPULATED.

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-2Case No. 13-cv-04381-EMC
JOINT STIPULATION AND [PROPOSED] ORDER TO WITHDRAWAL COUNT I OF PLAINTIFFS
FIRST AMENDED COMPLAINT

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Respectfully submitted,

2

KESSLER TOPAZ
MELTZER & CHECK, LLP

3

8

/s/ Peter A. Muhic
Peter A. Muhic (Pro Hac Vice)
Edward W. Ciolko
280 King of Prussia Road
Radnor, PA 19087
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

9

- and -

4

Dated: January 29, 2014

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7

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Eli R. Greenstein
One Sansome Street, Suite 1850
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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14

Attorneys for Plaintiffs and the Proposed Classes

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16

SEVERSON & WERSON, P.C.

17 Dated: January 29, 2014

/s/ Philip Barilovits(with consent)
Philip Barilovits (Bar No. 199944)
[e-mail]
Michael J. Steiner (Bar No. 112079)
[e-mail]
Mark D. Lonergan (Bar No. 143622)
[e-mail]
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Wells Fargo Bank, N.A.
and Wells Fargo Insurance, Inc.

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-3Case No. 13-cv-04381-EMC
JOINT STIPULATION AND [PROPOSED] ORDER TO WITHDRAWAL COUNT I OF PLAINTIFFS
FIRST AMENDED COMPLAINT

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FILER’S ATTESTATION

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Pursuant to Civil L.R. 5-1(i)(3), I attest under penalty of perjury that concurrence in the filing

3 of the document has been obtained from all of the signatories.
4
5 DATED: January 29, 2014

KESSLER TOPAZ
MELTZER & CHECK, LLP

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By: /s/ Peter A. Muhic
Peter A. Muhic

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S

FO

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Honorable ard M. CM.nChen
Edward he
Edw District Judge
United States
Judge

NO

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1/30/14

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12 Dated:

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D

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IT IS S

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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.
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-1Case No. 13-cv-04381-EMC
JOINT STIPULATION AND [PROPOSED] ORDER TO WITHDRAWAL COUNT I OF PLAINTIFFS
FIRST AMENDED COMPLAINT

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CERTIFICATE OF SERVICE
I hereby certify that on January 29, 2014, I electronically filed the foregoing with the Clerk

3 of the Court using the CM/ECF system which will send notification of such filing to the e-mail
4 addresses of all counsel of record.
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/s/ Peter A. Muhic
Peter A. Muhic

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Case No. 13-cv-04381-EMC
JOINT STIPULATION AND [PROPOSED] ORDER TO WITHDRAWAL COUNT I OF PLAINTIFFS
FIRST AMENDED COMPLAINT