Wakefield v. Wells Fargo & Company et al

Filing 47

STIPULATION AND ORDER RE JOINT STATEMENT OF UNDISPUTED FACTS ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT: Re 45 Stipulation, filed by Wells Fargo Advisors, LLC, Wells Fargo & Company, Wells Fargo Advisors Financial Network., L.L.C. Signed by Magistrate Judge Laurel Beeler on 7/23/2014. (ls, COURT STAFF) (Filed on 7/23/2014)

1 TERRY E. SANCHEZ (State Bar No. 101318)
[e-mail]
2 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
3 Thirty-Fifth Floor
Los Angeles, California 90071-1560
4 Telephone:
[phone]
Facsimile:
[phone]
5
MALCOLM A. HEINICKE (State Bar No. 194174)
6 [e-mail]
560 Mission St.
7 Twenty-Seventh Floor
San Francisco, CA 94105
8 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants WELLS FARGO &
10 COMPANY; WELLS FARGO ADVISORS,
LLC; and WELLS FARGO ADVISORS
11 FINANCIAL NETWORK, LLC
12 [ADDITIONAL COUNSEL LISTED ON
SIGNATURE PAGE]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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17 KENNISON WAKEFIELD, WILLIAM
STONHAUS, individually and on behalf of all
18 others similarly situated,
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Plaintiffs,

Case No. 3:13-cv-05053-LB
STIPULATION RE JOINT STATEMENT
OF UNDISPUTED FACTS ON
DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT : ORDER

vs.
Judge: Hon. Laurel Beeler

21 WELLS FARGO & COMPANY, WELLS
FARGO ADVISORS, LLC, and WELLS
22 FARGO ADVISORS FINANCIAL
NETWORK, LLC and DOES 1 through 20,
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Defendants.
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24119851.1

3:13-cv-05053-LB
STIPULATION RE JOINT STATEMENT OF UNDISPUTED FACTS

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WHEREAS, on July 22, 2014, Defendants Wells Fargo & Co., Wells Fargo

2 Advisors, LLC, and Wells Fargo Financial Network, LLC (“Defendants”) will file a motion for
3 partial summary judgment pursuant to the parties’ Memorandum of Understanding (lodged with
4 the Court on June 19, 2014) and the Court’s order dated June 19, 2014 (Dkt. No. 38);
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WHEREAS, pursuant to the Court’s Standing Order dated April 18, 2014, the

6 parties have agreed upon a joint statement of undisputed facts (“SUF”);
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WHEREAS, some of the facts contained in the SUF will be supported by evidence

8 submitted by Defendants in connection with Defendants’ opening brief and some by evidence
9 submitted by Plaintiffs in connection with Plaintiff’s opposition brief;
WHEREAS, Plaintiffs will not be in a position to finalize their evidence by July 22,

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11 2014 but will update the SUF with paragraph and exhibit references to Plaintiffs’ evidence at the
12 time Plaintiffs’ opposition brief is filed on August 5, 2014;
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NOW, THEREFORE, the parties stipulate as follows:

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1.

Each fact contained in the SUF is undisputed and is supported by evidence

15 in the parties’ possession.
2.

Defendants will file the SUF and their supporting evidence on July 22,

3.

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Plaintiffs shall then re-file the SUF, along with their supporting evidence on

17 2014.
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19 August 5, 2014, and shall support any and all facts in the SUF that are not supported by evidence
20 submitted by Defendants. No fact within the SUF shall go unsupported.
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4.

The re-filed SUF shall be the same in form and in content—with the sole

22 exception that Plaintiffs will update the SUF with paragraph and exhibit references to Plaintiffs’
23 evidence—and shall serve to supplant the SUF filed by Defendants on July 22, 2014. No
24 augmentations, deletions, or other modifications to the substance of the SUF shall be made at the
25 time of the re-filing of the SUF on August 5, 2014.
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27 SO STIPULATED.
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24119851.1

-2STIPULATION RE JOINT STATEMENT OF UNDISPUTED FACTS

3:13-cv-05053-LB

1 DATED: July 21, 2014

MUNGER, TOLLES & OLSON LLP

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3
By:

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/s/ Terry E. Sanchez
TERRY E. SANCHEZ
Attorneys for Defendants WELLS FARGO &
COMPANY; WELLS FARGO ADVISORS, LLC; and
WELLS FARGO ADVISORS FINANCIAL
NETWORK, LLC

8 DATED: July 21, 2014

BARTKO, ZANKEL, BUNZEL & MILLER

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By:

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/s/ Robert H. Bunzel
ROBERT H. BUNZEL
Attorneys for Plaintiffs Kennison Wakefield and
William Stonhaus

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S

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l Beeler

NO

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Judge L

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R NIA

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DERED

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IT IS S

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Dated: July 23, 2014

UNIT
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24119851.1

-3STIPULATION RE JOINT STATEMENT OF UNDISPUTED FACTS

3:13-cv-05053-LB

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), regarding signatures, I attest under penalty of perjury that

3 concurrence in the filing of the document has been obtained from Robert H. Bunzel.
4 DATED: July 21, 2014

MUNGER, TOLLES & OLSON LLP

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By:

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/s/ Terry E. Sanchez
TERRY E. SANCHEZ

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24119851.1

-4STIPULATION RE JOINT STATEMENT OF UNDISPUTED FACTS

3:13-cv-05053-LB