Russell v. Wells Fargo and Company

Filing 134

ORDER re 133 GRANTING AS MODIFIED STIPULATION TO CONTINUE DECEMBER 8, 2009 CASE MANAGEMENT CONFERENCE.. Signed by Judge CLAUDIA WILKEN on 12/8/09. (scc, COURT STAFF) (Filed on 12/8/2009)

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T. JOSEPH SNODGRASS (MN# 231071) (pro hac vice) Email: [e-mail] KELLY A. SWANSON (MN# 330838) (pro hac vice) Email: [e-mail] LARSON KING, LLP 2800 Wells Fargo Place 30 East 7th Street St. Paul, Minnesota 55101 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs MONTE RUSSELL and DANIEL FRIEDMAN GLENN L. BRIGGS (SB# 174497) Email: [e-mail] THERESA A. KADING (SB# 211469) Email: [e-mail] HODEL BRIGGS WINTER LLP 8105 Irvine Center Drive, Suite 1400 Irvine, CA 92618 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants WELLS FARGO BANK, N.A.; WELLS FARGO & COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND DIVISION MONTE RUSSELL and DANIEL FRIEDMAN, on behalf of themselves and others similarly situated, Plaintiff, vs. WELLS FARGO & COMPANY, Defendants.

CASE NO. C 07-03993 CW JUDGE CLAUDIA WILKEN COURTROOM 2 ORDER GRANTING AS MODIFIED STIPULATION TO CONTINUE DECEMBER 8, 2009, CASE MANAGEMENT CONFERENCE

Plaintiffs Monte Russell and Daniel Friedman ("Plaintiffs") and Defendants Wells Fargo Bank, N.A., and Wells Fargo & Company ("Defendants"), through their respective counsel, hereby stipulate as follows:
WFB_Russell - stipulation to continue CMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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WHEREAS, the parties have a Further Case Management Conference on December 8, 2009; WHEREAS, the parties participated in an all-day mediation with Jeff Ross on November 18, 2009, and thereafter continued their discussions and consideration of a settlement proposal made by the mediator; WHEREAS, the attorneys reached understandings in principle on a certain aggregate and potential settlement structure late in the day on Friday, December 4, 2009; WHEREAS, the Plaintiffs' attorneys require time to discuss the status of negotiations with their many individual clients and the parties must reduce the specific terms of the settlement to writing, all of which will take time as this action is a complex putative class and collective action; and WHEREAS, presently the parties are in a position to advise the Court of only the fact of an agreement in principle (including the monetary amount) by the attorneys which must be presented to Plaintiffs' clients, and the Further Case Management Conference will be more beneficial to the Court and the parties if it is continued to a future date, or vacated, to allow the parties to further develop the specific terms of the settlement and for Plaintiffs' counsel to confer with their clients.

WFB_Russell - stipulation to continue CMC

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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NOW, THEREFORE, through their respective counsel, THE PARTIES STIPULATE TO THE FOLLOWING: 1. The parties propose that the Further Case Management Conference be

continued and rescheduled for Tuesday, January 26, 2009, at 2 p.m. DATED: December 7, 2009 LARSON KING, LLP T. JOSEPH SNODGRASS KELLY A. SWANSON By: /s/ T. JOSEPH SNODGRASS T. JOSEPH SNODGRASS Attorneys for Plaintiffs MONTE RUSSELL and DANIEL FRIEDMAN DATED: December 7, 2009 HODEL BRIGGS WINTER LLP GLENN L. BRIGGS THERESA A. KADING By: /s/ GLENN L. BRIGGS GLENN L. BRIGGS Attorneys for Defendants WELLS FARGO BANK, N.A.; WELLS FARGO & COMPANY

WFB_Russell - stipulation to continue CMC

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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WFB_Russell - stipulation to continue CMC

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED, except the CMC is continued to 4/6/10 at 2:00 p.m. If the parties reach a settlement, they may file no later than January 26, 2010, an unopposed motion for preliminary approval, without noticing it for hearing, and it will be decided on the papers. If they are unable to settle, they should file no later than January 26, 2010, joint or separate case management statements, proposing dates for the continuation of the case. The Court will then issue a case management order. 12/8 Dated: , 2009

CLAUDIA WILKEN DISTRICT COURT JUDGE

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE