Carroll v. Wells Fargo & Company et al

Filing 212

ORDER by Judge Kandis A. Westmore denying Plaintiffs' 200 3/17/17 Administrative Motion for leave to supplement the record. (kawlc1, COURT STAFF) (Filed on 4/10/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KELLY CARROLL, ET AL., Plaintiffs, 8 v. 9 10 WELLS FARGO & COMPANY, et al., Defendants. United States District Court Northern District of California 11 Case No. 3:15-cv-02321-EMC (KAW) ORDER DENYING PLAINTIFFS' 3/17/17 MOTION FOR ADMINISTRATIVE RELIEF TO SUPPLEMENT THE RECORD Re: Dkt. No. 200 12 On March 16, 2017, the Court held a hearing on Non-Party Carrie Tolstedt’s motion to 13 14 quash the deposition subpoena. At the hearing, Plaintiffs presented the undersigned with a stack 15 of documents, which the Court informed the parties would be stricken. 16 On March 17, 2017, Plaintiffs filed an administrative motion seeking leave to file 17 supplemental materials in support of their opposition to the motion to quash. (Pls.’ Mot., Dkt. No. 18 200.) Specifically, Plaintiffs seek leave to submit Wells Fargo’s Form 10-k and proxy statements 19 from 2013, 2014, and 2015, a 2016 Consent Order between Wells Fargo and the Consumer 20 Financial Protection Bureau, and various news articles. (See Pls.’ Mot. at 3-4.) Additionally, 21 Plaintiffs seek to have the documents judicially noticed despite having failed to file a request for 22 judicial notice. (Pls.’ Mot. at 4.) On March 21, 2017, Wells Fargo filed an opposition on the grounds that this submission 23 24 was procedurally improper, and that the materials are irrelevant, because Plaintiff Carroll did not 25 testify that she performed any of the alleged sales activities off-the-clock. (Defs.’ Opp’n, Dkt. No. 26 203 at 1-2.) The Court agrees. Moreover, Plaintiffs had ample opportunity to file a request for 27 judicial notice when they filed their opposition to the motion to quash, but failed to do so. 28 /// 1 2 3 4 Accordingly, Plaintiffs’ motion for administrative relief to supplement the record is DENIED. IT IS SO ORDERED. Dated: April 10, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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