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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KELLY CARROLL, ET AL.,
Plaintiffs,

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v.

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WELLS FARGO & COMPANY, et al.,
Defendants.

United States District Court
Northern District of California

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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

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On March 16, 2017, the Court held a hearing on Non-Party Carrie Tolstedt’s motion to

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quash the deposition subpoena. At the hearing, Plaintiffs presented the undersigned with a stack

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of documents, which the Court informed the parties would be stricken.

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On March 17, 2017, Plaintiffs filed an administrative motion seeking leave to file

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supplemental materials in support of their opposition to the motion to quash. (Pls.’ Mot., Dkt. No.

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200.) Specifically, Plaintiffs seek leave to submit Wells Fargo’s Form 10-k and proxy statements

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from 2013, 2014, and 2015, a 2016 Consent Order between Wells Fargo and the Consumer

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Financial Protection Bureau, and various news articles. (See Pls.’ Mot. at 3-4.) Additionally,

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Plaintiffs seek to have the documents judicially noticed despite having failed to file a request for

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judicial notice. (Pls.’ Mot. at 4.)
On March 21, 2017, Wells Fargo filed an opposition on the grounds that this submission

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was procedurally improper, and that the materials are irrelevant, because Plaintiff Carroll did not

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testify that she performed any of the alleged sales activities off-the-clock. (Defs.’ Opp’n, Dkt. No.

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203 at 1-2.) The Court agrees. Moreover, Plaintiffs had ample opportunity to file a request for

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judicial notice when they filed their opposition to the motion to quash, but failed to do so.

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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

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United States District Court
Northern District of California

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