Latasha McLaughlin v. Wells Fargo Bank NA

Filing 130

ORDER GRANTING 129 STIPULATION TO RESET DEADLINES.(whalc2, COURT STAFF) (Filed on 7/1/2016)

1 Raymond A. Cardozo (SBN 173263)
email: [e-mail]

2 Ashley L. Shively (SBN 264912)
email: [e-mail]

3 REED SMITH LLP
101 Second Street, Suite 1800

4 San Francisco, CA 94105-3659
Telephone: [phone]

5 Facsimile: [phone]
6 Peter J. Kennedy (SBN 166606)
Email: [e-mail]

7 REED SMITH LLP
355 South Grand Avenue, Suite 2900

8 Los Angeles, CA 90071-1514
Telephone: [phone]

9 Facsimile: [phone]

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Attorneys for Defendant
Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

14 LATASHA McLAUGHLIN, on behalf of

Case No.: 3:15-cv-02904-WHA

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CORRECTED STIPULATED REQUEST
FOR ORDER TO RESET CERTAIN
DEADLINES; AND [PROPOSED] ORDER

herself and all others similarly situated,
Plaintiff,

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vs.

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WELLS FARGO BANK, N.A., d/b/a WELLS
FARGO HOME MORTGAGE,

Honorable William H. Alsup

Defendant.

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Case No. 3:15-cv-02904-WHA
STIPULATED REQUEST FOR ORDER TO RESET CERTAIN DEADLINES;
AND [PROPOSED] ORDER

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STIPULATION
Plaintiff Latasha McLaughlin and Defendant Wells Fargo Bank, N.A., by and through their

3 respective counsel, stipulate as follows:
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WHEREAS, under the Court’s Notice [Dkt. 17], the parties were precluded from discussing a

5 class settlement until the Court ruled on class certification;
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WHEREAS, on June 22, 2016, the Court issued an order certifying two classes under TILA

7 [Dkt. 123] and set deadlines of July 12, 2016 for a joint notice plan to be submitted to the court, and
8 to plan to distribute class notice by July 28, 2016;
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WHEREAS, the litigation to date has largely joined the merits and class certification issues,

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 and framed the parties’ positions. Therefore following the Court’s ruling on class certification,
11 which opened the door to engage in settlement discussions, the parties promptly began negotiations
12 and held a telephone settlement conference with Magistrate Judge Ryu on June 30, 2016;
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WHEREAS, the parties will attend an in-person mediation with Magistrate Judge Ryu on

14 August 5, 2016 at 10:00 am;
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WHEREAS, the Court’s Scheduling Order [Dkt. 37], issued in October 2015, originally set a

16 class certification hearing for February 2016 and discovery deadlines in August 2016. The Order
17 thus contemplated approximately 6 months from the issuance of an order on class certification until
18 the discovery cutoff, for the parties to discuss a class resolution. Because class certification was not
19 ruled on until June 22, 2016, however, the time available for the parties to meaningfully discuss
20 resolution is now substantially shorter.
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WHEREAS, the parties are presently engaging in good faith settlement discussions and

22 mutually seek to focus their respective resources on timely reaching a class resolution;
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THEREFORE, Plaintiff and Wells Fargo hereby agree as follows:
1. Class Notice:
a. To extend the deadline to submit a joint proposal for class notification from
Tuesday, July 12, 2016 to Tuesday, August 23, 2016;

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Case No. 3:15-cv-02904-WHA

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STIPULATED REQUEST FOR ORDER TO RESET CERTAIN DEADLINES;
AND [PROPOSED] ORDER

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b. To extend the target date to distribute notice from Thursday, July 28, 2016 to
Thursday, September 8, 2016.
2. Wells Fargo’s Motion for Summary Judgment:
a. Wells Fargo’s Motion for Summary Judgment [Dkt. 65] shall be set for
hearing on November 3, 2016;

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b. Plaintiff’s Opposition shall be filed by September 29, 2016;

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c. Wells Fargo’s Reply shall be filed by October 13, 2016.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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3. Other Pretrial Deadlines:
a. The non-expert discovery cut-off shall be continued from Wednesday, August
31, 2016 to Wednesday, September 28, 2016;

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b. The expert deadlines set in paragraph 5 of the Court’s Scheduling Order [Dkt.

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37] shall be continued by 28 days, such that the last date for designation of

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expert testimony and disclosure of expert reports on issues where a party has

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the burden of proof shall be continued from August 31, 2016 to September 28,

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2016. Opposition and reply report deadlines, expert discovery cutoff, and

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other deadlines in Paragraphs 5 and 6 (damages studies) of the Scheduling

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Order are triggered off the September 28, 2016 opening report date as

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indicated in the Court’s Scheduling Order;

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c. The remaining dates in the Court’s Scheduling Order, including the

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September 29 deadline to file dispositive motions; November 3, 2016 deadline

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to hear dispositive motions, November 30, 2016 pretrial conference, and

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December 5, 2016 trial date, remain as set by the Court.

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IT IS SO STIPULATED.

24 DATED: July 1, 2016

REED SMITH LLP

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By: /s Ashley Shively
Ashley L. Shively
Attorneys for Defendant
Wells Fargo Bank, N.A.

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Case No. 3:15-cv-02904-WHA

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STIPULATED REQUEST FOR ORDER TO RESET CERTAIN DEADLINES;
AND [PROPOSED] ORDER

1 DATED: July 1, 2016

WOLF POPPER LLP

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By: /s/ Patricia Avery
Patricia I. Avery (pro hac vice)
Matthew Insley-Pruitt (pro hac vice)
Counsel for Plaintiff and the Class

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BERMAN DEVALERIO
Joseph J. Tabacco, Jr.
Kristin J. Moody
Local Counsel for Plaintiff and the Class

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Dated July 1

, 2016

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________________________________
WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE

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Case No. 3:15-cv-02904-WHA

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STIPULATED REQUEST FOR ORDER TO RESET CERTAIN DEADLINES;
AND [PROPOSED] ORDER