Yolanda Bumatay Mulato v. Wells Fargo Bank, N.A. et al

Filing 65

ORDER GRANTING STIPULATED REQUEST 62 . Case Management Conference set for 8/6/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 7/22/2014. (lmh, COURT STAFF) (Filed on 7/22/2014)

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LOCKE LORD LLP
Regina J. McClendon (SBN 184669)
[e-mail]
Sally W. Mimms (SBN 276093)
[e-mail]
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
Telephone:
415-318-8810
Facsimile:
415-676-5816
Attorneys for Defendants
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER WITH WELLS FARGO BANK
SOUTHWEST N.A., FORMERLY KNOWN AS WACHOVIA MORTGAGE FSB, FORMERLY
KNOWN AS WORLD SAVINGS BANK FSB (sued herein as WELLS FARGO BANK, N.A. and
WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A.); CORY
MOELLER; ANGELA NAIL; LANA KRAHN; and KAREN LEE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YOLANDA BUMATAY MULATO,
Plaintiff,

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vs.
WELLS FARGO BANK, N.A., WELLS
FARGO HOME MORTGAGE, a division of
WELLS FARGO BANK, N.A., CORY
MOELLER, ANGELA NAIL, LANA
KRAHN, AND KAREN LEE, employees
and agents of WELLS FARGO HOME
MORTGAGE (“WELLS FARGO”),
Defendants.

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CASE NO. 3:14-cv-00884-NC
Hon. Nathanael Cousins
STIPULATED REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
[Local Rules 7-12 and 16-2(e)]
Case Management Conference currently set for:
July 30, 2014 at 10:00 a.m.

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The parties to this action, Plaintiff Yolanda Bumatay Mulato (“Plaintiff”) and defendants

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Wells Fargo Bank, N.A. (“Wells Fargo”) and Cory Moeller, Angela Nail, Lana Krahn, and Karen

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Lee’s (collectively, “Employee Defendants”), hereby jointly stipulate and request, pursuant to Local

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Rules 7-12 and 16-2(e), that this Court continue the Case Management Conference currently set for

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July 30, 2014 at 10:00 a.m. to August 6, 2014 at 1:00 p.m. (the date and time Wells Fargo’s and the

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Employee Defendants’ motions to dismiss are set to be heard) or such other date and time thereafter

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that is convenient to the Court, and in support state as follows:
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STIPULATED REQUEST AND PROPOSED ORDER
Yolanda Bumatay Mulato v. Wells Fargo Bank, N.A., et al., Case No. 3:14-cv-00884-NC

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1.

On May 19, 2014, the Court entered an order continuing the initial Case Management

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Conference in this matter to July 30, 2014 at 10:00 a.m. Dkt. 36. The order further stated that a

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joint case management statement must be filed seven (7) days before that date, July 23, 2014.

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2.

Thereafter, on June 6, 2014, the Court entered an order continuing the hearings on

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Wells Fargo’s motion to dismiss the first amended complaint for failure to state a claim (Dkt. 40)

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and the Employee Defendant’s motion to dismiss for lack of personal jurisdiction1 (Dkt. 42) to

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August 6, 2014 at 1:00 p.m. Dkt. 45.

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3.

The parties hereby request that the Case Management Conference currently set for

July 30, 2014 be continued to August 6, 2014 at 1:00 p.m., to be heard with the motions to dismiss,
or such other date and time thereafter that is convenient to the Court.

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4.

The parties stipulate to and request this continuance because, until this Court rules on

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Wells Fargo’s and the Employee Defendants’ motions to dismiss, it is unclear what claims against

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what parties will be at issue in this case. As such, the parties believe that it will better conserve the

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resources of the parties and the Court if the Case Management Conference is held at the same date

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and time as the hearings on the motions to dismiss, or at some date and time after the motions are

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heard.

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WHEREFORE, pursuant to Local Rules 7-12 and 16-2(e), the parties jointly request and

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stipulate that the Case Management Conference currently set for July 30, 2014 be continued to

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August 6, 2014 at 1:00 p.m. or to some date and time thereafter that is convenient to the Court, with

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a joint case management statement to be filed seven (7) days before the continued date.

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Dated: July 17, 2014

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Respectfully submitted,
LOCKE LORD LLP

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By:

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/s/ Regina J. McClendon
Regina J. McClendon

Attorneys for Defendants
WELLS FARGO BANK, N.A., SUCCESSOR BY

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By submitting this stipulated request, the Employee Defendants do not intend to waive their
arguments that the Court lacks personal jurisdiction over them.
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STIPULATED REQUEST AND PROPOSED ORDER
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Yolanda Bumatay Mulato v. Wells Fargo Bank, N.A., et al., Case No. 3:14-cv-00884-NC

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MERGER WITH WELLS FARGO BANK SOUTHWEST
N.A., FORMERLY KNOWN AS WACHOVIA
MORTGAGE FSB, FORMERLY KNOWN AS WORLD
SAVINGS BANK FSB; CORY MOELLER; ANGELA
NAIL; LANA KRAHN; and KAREN LEE

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Dated: July 17, 2014

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COTTER & DEL CARLO
By:

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/s Richard A. Canatella
Richard A. Canatella

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Attorneys for Plaintiff
YOLANDA BUMATAY MULATO

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CERTIFICATION

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Pursuant to General Order No. 45, § X.B., the filing attorney attests that she has obtained

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concurrence regarding the filing of this document from the indicated signatories to the document.

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Dated: July 17, 2014

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/s/ Regina J. McClendon
Regina J. McClendon

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the Case Management

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Conference currently set for July 30, 2014 is continued to August 6, 2014 at 1:00 p.m., with a joint

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case management statement to be filed seven (7) days before that date.

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Dated: ___________________
July 22, 2014

_____________________________
Hon. Nathanael Cousins
United States District Court Judge

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STIPULATED REQUEST AND PROPOSED ORDER
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Yolanda Bumatay Mulato v. Wells Fargo Bank, N.A., et al., Case No. 3:14-cv-00884-NC