Mitzie Perez et al v. Wells Fargo & Co. et al

Filing 228

ORDER GRANTING DEFERRED PORTION OF DEFENDANT'S MOTION FOR RELIEF. Wells Fargo need not provide discovery as to its mortgage loan and automobile loan practices. Signed by Judge Maxine M. Chesney on August 15, 2018. (mmclc1, COURT STAFF) (Filed on 8/15/2018)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

MITZIE PEREZ, et al.,
Plaintiffs,

9
v.

10

United States District Court
Northern District of California

11

Case No. 17-cv-00454-MMC

WELLS FARGO BANK, N.A.,
Defendant.

12

ORDER GRANTING DEFERRED
PORTION OF DEFENDANT'S MOTION
FOR RELIEF
Re: Dkt. No. 122

13
14

Before the Court is the deferred portion of defendant Wells Fargo Bank, N.A.'s

15

("Wells Fargo") "Motion for Relief," filed December 27, 2017, by which Wells Fargo seeks

16

an order vacating Magistrate Judge Elizabeth D. Laporte's order of December 21, 2017,

17

to the extent the order allows class discovery as to two credit lines, specifically, home

18

mortgage loas and automobile loans.1

19

Wells Fargo does not argue that Magistrate Judge Laporte's order, at the time it

20

was issued, was erroneous. Rather, Wells Fargo argues, discovery as to its home

21

mortgage and automobile loan practices should not be allowed for the reasons set forth

22

in its then pending motion to strike plaintiffs' class allegations.

23

By order filed concurrently herewith, the Court has granted Wells Fargo's motion to

24

strike from the class definition the references to home mortgages and automobile loans.

25

In light of such changed circumstances, the more appropriate way for Wells Fargo to

26
1

27
28

By order filed May 9, 2018, this Court denied the motion to the extent Wells Fargo
sought an order vacating Magistrate Judge Laporte's ruling allowing plaintiffs to seek
class discovery as to personal loans.

1

proceed would be by way of a motion seeking reconsideration by Magistrate Judge

2

Laporte. In the interests of judicial economy, however, the Court has considered the

3

matter and, good cause appearing, hereby GRANTS the deferred portion of Wells

4

Fargo's Motion for Relief.

5
6
7

Accordingly, Wells Fargo need not provide discovery as to its mortgage loan and
automobile loan practices.
IT IS SO ORDERED.

8
9

Dated: August 15, 2018
MAXINE M. CHESNEY
United States District Judge

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