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

Filing 47

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER establishing briefing schedule on defendants' Motion to Stay filed by Assurant, Inc., American Security Insurance Company. Signed by Judge Edward M. Chen on 2/12/14. (bpf, COURT STAFF) (Filed on 2/12/2014)

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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]
CARLTON FIELDS JORDEN BURT, P.A.
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 COMPANY

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

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

STIPULATION AND PROPOSED ORDER
ESTABLISHING BRIEFING SCHEDULE
ON DEFENDANTS’ MOTION TO STAY;
DECLARATION OF PETER S. HECKER
IN SUPPORT OF SAME

Defendants.
SMRH:417443012.1
3:13-cv-04381-EMC
STIPULATION AND PROPOSED ORDER ESTABLISHING 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

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parties, through their respective attorneys, that:

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WHEREAS, defendants on February 7, 2014 filed a motion to stay these proceedings,

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along with a motion to shorten time on the motion to stay;
WHEREAS, the Court indicated it plans to consider the motion to stay on an expedited

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basis;
WHEREAS, the parties have agreed that, subject to the Court’s approval, the briefing
shall proceed on an expedited basis;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject to
the Court’s approval:
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Plaintiffs shall file and serve their opposition to defendants’ stay motion on or
before February 12, 2014;

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Defendants shall file and serve their reply papers on or before February 14, 2014;

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The motion shall be considered at the earliest convenient date by the Court.

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Filer's Attestation: Pursuant to L.R. 5-1(i)(3), Peter S. Hecker hereby attests that

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concurrence by all signatories in the filing of this document has been obtained.
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-1SMRH:414227320.1

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

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Dated: February 11, 2014

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

Dated: February 11, 2014

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

Dated: February 11, 2014

/s/ Philip Barilovits
Philip Barilovits
SEVERSON & WERSON
Attorneys for Wells Fargo Bank, N.A. and Wells
Fargo Insurance, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
ED

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RT
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O

The Honorable Edward M. Chen
United States DistrictRED
DE Judge

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O
IT IS S

OR

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dward
Judge E

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n

M. Che

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S DISTRICT
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_______________________________

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Dated: February ____, 2014

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D IS T IC T
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OF

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-2SMRH:414227320.1

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

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 Company 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 defendants’ motion to stay (the “motion”) on or before February 12,

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2014; defendants shall file and serve their reply papers on or before February 14, 2014; and

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consideration of the motion shall be at the earliest convenience of the Court.

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3.

Previous time modifications in this case include:
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the hearing on the ASIC’s motion to dismiss. (ECF No. 26)

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On December 12, 2013, the parties stipulated to extend Wells Fargo’s time to
respond to the First Amended Class Action Complaint. (ECF No. 29)

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On December 5, 2013, the parties stipulated to extend Plaintiffs’ time to respond
to ASIC’s motion to dismiss and ASIC’s time to reply. (ECF No. 28)

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On December 4, 2013, the Court continued a Case Management Conference and

On January 23, 2014, the Court continued a Case Management Conference and
the hearing on Defendants’ motions to dismiss. (ECF No. 40)

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Due to the minimal nature of the stipulated shortening of time, I believe that the

requested extensions for consideration of the stay motion will not have any significant impact on
the schedule for the case.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 11th day of February 2014 at San Francisco, California.

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-3SMRH:414227320.1

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

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/s/ Peter S. Hecker
PETER S. HECKER

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-4SMRH:414227320.1

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