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

Filing 65

Order by Hon. Vince Chhabria granting 64 Stipulation to Dismiss Wells Fargo Bank, N.A. (only) with Prejudice.(knm, COURT STAFF) (Filed on 10/28/2014)

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HANSON BRIDGETT LLP
JOHN T. CU, SBN 207402
[e-mail]
GILBERT J. TSAI, SBN 247305
[e-mail]
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Wells Fargo Bank,
I N.A.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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ASHLEY AMIRHAMZEH, individually, and
on behalf of all others similarly situated,

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Plaintiffs,
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v.

CASE NO. 14-CV-02123 VC

STIPULATION TO DISMISS
WELLS FARGO BANK N.A. WITH
PREJUDICE AND(PRaPOSED)
ORDER

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WELLS FARGO BANK, N.A.,
TRILEGIANT CORPORATION, a
Delaware Corporation, and DOES 1
through 20, inclusive,
Defendants.

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Pursuant to Fed. R. Civ. P. 41(a)(1), the Parties, through their undersigned

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counsel of record, hereby stipulate to dismiss Defendant Wells Fargo Bank, N.A.

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("WFB") with prejudice from this action. The parties declare in support of this request as

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WHEREAS, Plaintiff ASHLEY AMIRHAMZEH ("Plaintiff') filed the operative First

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WHEREAS, on August 8, 2014, Defendant WFB filed its Motion to Compel

26 ~ Arbitration and Stay Proceedings("WFB Motion") and Trilegiant Corporation
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("Trilegiant") filed its Motion to Dismiss or Stay the Case and Compel Arbitration, or in

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the Alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)("Trilegiant
S"I~IPUL~TGD DISMISSAL, OF WFB WITH PREJUDICE

cnsF~No. i4-cv-o?i23-vc

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Motion")(collectively referred to as "Defendants' Motions");
WHEREAS, through previous stipulation, the Parties agreed to allow Plaintiff to
file her opposition briefs to Defendants' Motions on September 12, 2014;
WHEREAS, Defendants timely filed their respective reply papers to Plaintiff's
opposition to Defendants' Motions on September 26, 2014;
WHEREAS, pursuant to the Court's Order Regarding the Parties' Stipulated

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Request for Order Enlargening Time Re Defendants' Motions (Court Docket No. 56),

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dated October 2, 2014, the Court set the hearing on Defendants' Motions for October 30,

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2014 at 10:00 a.m. to be heard before (or contemporaneously with) the Initial Case

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management Conference, which is also set for October 30, 2014, at 10:00 a.m.;
WHEREAS, wishing to settle all of Plaintiff's claims and disputes against WFB,

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Plaintiff and WFB have reached a good faith settlement, the terms of which are governed

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by an executed Settlement Agreement and Release dated October 25, 2014

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("Settlement Agreement");

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WHEREAS, pursuant to the Settlement Agreement between Plaintiff and WFB, in

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exchange for adequate consideration, Plaintiff agrees to voluntarily dismiss WFB with

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prejudice from this action;

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WHEREAS, in executing the Settlement Agreement, WFB expressly denies any
liability for the claims alleged against it in this action;
WHEREAS Defendant Trilegiant does not oppose Plaintiff's voluntary dismissal of
WFB with prejudice of this action;

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WHEREAS, a class has not been certified in this action as of the date of this

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Stipulation, and therefore court approval under Fed. R. Civ. P. 23(e) is not required;

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NOW, THEREFORE, pursuant to Fed. R. Civ. P. 41(a)(1), the Parties through

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their respective attorneys stipulate as follows:
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Pursuant to a settlement reached by and between Plaintiff and WFB, the

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terms of which are governed by the Settlement Agreement, WFB is dismissed with

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prejudice from this action.
STIPULATED DISMISSAL OF WFB WITH PREJUDICE

CASE NO. 14-CV-02123-VC

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2.

Given the dismissal of WFB with prejudice from the action, WFB's Motion

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set for hearing on October 30, 2014 is now moot, and therefore the Parties respectfully

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request that hearing on WFB's Motion be vacated or removed from the Court's calendar;

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3.

The hearing on Trilegiant's Motion shall remain on calendar for October 30,

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2014 at 10:00 a.m., and the Initial Case Management Conference shall also remain on

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calendar for October 30, 2014 at 10:00 a.m.

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STIPULATED DISMISSAL OF WFB WITH PREJUDICE

CASE NO. 14-CV-02123-VC

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IT IS SO STIPULATED.

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Dated: October 28, 2014

HANSON BRIDGETT LLP

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By:

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s/John T. Cu
John T. Cu
Gilbert J. Tsai
Attorneys for Defendant WELLS FARGO
BANK, N.A.

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Dated: October 28, 2014

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LAW OFFICES OF FARRAH MIRABEL
By:

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s/ Farrah Mirabel
Farrah Mirabel

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Attorneys for Plaintiffs ASHLEY AMIRHAMZEH,
individually and on behalf of all others similarly
situated

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Dated: October 28, 2014

MORGAN, LEWIS & BOCKIUS LLP

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By:
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s/Joseph E. Floren
Joseph E. Floren
Kenneth M. Kilebard
Gregory T. Fouts
Attorneys for Defendant TRILEGIANT
CORPORATION

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STIPULATED DISMISSAL OF WFB WITH PREJUDICE

CASE NO. 14-CV-02123-VC

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ATTESTATION PER LOCAL CIVIL RULE 5-1(11(3)
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am a signatory to this document and am the person whose ECF and ID and
passwords are being utilized in its electronic filing with the

Court.

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I hereby attest that

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concurrence in the filing of this document has been obtained from each of the other

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signatories hereto.

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declare under penalty of perjury under the laws of the United States that the

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foregoing is true and correct. Executed this 28th day of October 2014 at San Francisco,

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California.

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s/John T. Cu
John T. Cu

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STIPULATED DISMISSAL OF WFB WITH PREJUDICE

CASE NO. 14-CV-02123-VC

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, THE
COURT ORDERS AS FOLLOWS:
Pursuant to a good faith settlement entered into by Plaintiff Ashley Amirhamzeh
("Plaintiff°) and Defendant Wells Fargo Bank, N.A.("WFB"), which settlement is
memorialized in a Settlement Agreement and Release executed by Plaintiff and WFB on
October 25, 2014, and the Parties Stipulation To Dismiss WFB With Prejudice from this
action, WFB is hereby dismissed with prejudice from this action.
The hearing on WFB's Motion to Compel Arbitration And Stay Proceedings, which
was set for October 30, 2014, is now vacated. WFB and counsel on its behalf are not
required to appear for the Initial Case Management Conference set for October 30,
2014, at 10:00 a.m.
IT IS SO ORDERED.

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DATED: October 28, 2014
Hon. Vince Chhabria
United States District Judge

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DECL. MIRABGL 1S0 S"I~II'ULATED R[~QU~ST

CASE NU. 14-CV-02123-VC