Macdonald et al v. Wells Fargo Bank N.A

Filing 42

ORDER by Judge Haywood S. Gilliam, Jr. Granting 41 Stipulation to Set Case Management Conference.(ndrS, COURT STAFF) (Filed on 3/24/2016)

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Matthew D. Mellen (Bar No. 233350)
Sarah Shapero (Bar No. 281748)
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, California 94402
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiffs,
BRET MACDONALD
AMALIA MACDONALD

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRET MACDONALD, an individual; and
AMALIA MACDONALD, an individual;

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v.
WELLS FARGO BANK, N.A.; and Does 1
through 50, inclusive,
Defendants.

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Plaintiffs Bret MacDonald and Amalia MacDonald (“Plaintiffs”) and Defendant Wells
Fargo Bank, N.A. (“Defendant”) (collectively, the “Parties”) hereby stipulate and agrees as
follows, subject to the Court’s approval.

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RECITALS
1.

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Conference (“CMC”) for January 2015;
2.

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WHEREAS, this matter was filed on November 10, 2014 and was initially
assigned to the Honorable Joseph Spero who scheduled a Case Management

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JOINT STIPULATION TO SET CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

Plaintiffs,

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Case No.: 3:14-CV-04970-HSG

WHEREAS, this matter was reassigned to the Honorable Jeffrey S. White in
January 2015 and the CMC continued to February 2015;

3.

WHEREAS, this matter was reassigned to the Honorable Haywood S. Gilliam, Jr.
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JOINT STIPULATION TO SET CASE MANAGEMENT CONFERENCE

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in February 2015;
4.

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file a Joint Rule 26(f) Report to determine whether a new CMC would be set,

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which the Parties did in February 2015;
5.

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6.

the Parties decided to participate in mediation;
7.

In September 2015, the Court issued an Order referring the case to mediation;

8.

The Parties attended mediation in January 2016, however, the matter was not

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From February 2015 to September 2015, the Parties were regularly working with
the Court’s ADR Program to try to resolve the case, however, in September 2015,

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Thereafter, Defendant’s Motion to Dismiss was denied and Defendant filed an
Answer to Plaintiffs’ Complaint on or around May 15, 2015;

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Pursuant to the Reassignment Order, the CMC was vacated and the Parties were to

resolved;
9.

The Parties wish to move this Court towards trial and to obtain a trial date.
STIPULATION

IT IS HEREBY STIPULATED AND AGREED TO that a Case Management Conference
be scheduled in this case to take place within sixty (60) days.

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DATED: March 24, 2016

Respectfully submitted,

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MELLEN LAW FIRM

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_/s/ Sarah Shapero_______ _____________
Sarah Shapero, Esq.
Attorney for Plaintiffs

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DATED: March 24, 2016

SEVERSON & WERSON

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_ /s/ Jason Julian_______ _____________
Jason Julian, Esq.
Attorney for Defendant

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JOINT STIPULATION TO SET CASE MANAGEMENT CONFERENCE

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PROPOSED ORDER
The Court, having read the above-stipulation and good cause appearing therefor, IT IS
HEREBY ORDERED THAT:
1.

A Case Management Conference is scheduled for ___________________. The
April 12, 2016 at 2 pm

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Parties are ordered to file a Joint Case Management Conference Statement no later

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than 7 days prior to the Conference.

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Date: _____________________
March 24, 2016

________________________________
Honorable Haywood S. Gilliam, Jr.

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JOINT STIPULATION TO SET CASE MANAGEMENT CONFERENCE