Russell v. Wells Fargo and Company

Filing 146

ORDER re 144 granting STIPULATION Re Withdrawal of Consent of Jeff Miller to Become A Party Plaintiff. Signed by Judge Claudia Wilken on 3/2/10. (scc, COURT STAFF) (Filed on 3/2/2010)

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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, Plaintiffs, v. WELLS FARGO AND COMPANY and WELLS FARGO BANK, N.A., Defendants. STIPULATION RE WITHDRAWAL OF CONSENT OF JEFF MILLER TO BECOME A PARTY PLAINTIFF; ORDER APPROVING WITHDRAWAL CASE NO: C 07 3993 CW JUDGE CLAUDIA WILKEN COURTROOM 2

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:
STIPULATION RE WITHDRAWAL OF CONSENT FORM Page 1

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WHEREAS, Jeff Miller, a putative collective action member, received notice of this action pursuant to this Court's order dated September 3, 2008, and signed a document entitled Consent to Join the FLSA Collective Action ("Consent Form") on September 28, 2008, thereby giving his consent to become a party plaintiff in this action;

WHEREAS, on October 17, 2008, Plaintiff filed a Notice of Filing Consent to Become a Party Plaintiff, which included Mr. Miller's Consent Form ("Notice") (ECF No. 66);

WHEREAS, Jeff Miller wishes to withdraw his Consent Form; and

WHEREAS, Defendants agree to the withdrawal of Mr. Miller's Consent Form;

NOW, THEREFORE, through their respective counsel, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

1.

Jeff Miller's Consent to Join the FLSA Collective Action is hereby

withdrawn;

2.

Mr. Miller is no longer a party plaintiff to this action;

3.

Mr. Miller's rights shall be determined as though he never signed the

Consent Form.

STIPULATION RE WITHDRAWAL OF CONSENT FORM Page 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: February 26, 2010 DATED: February 26, 2010

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 HODEL BRIGGS WINTER LLP GLENN L. BRIGGS THERESA A. KADING By: /s/ Theresa A. Kading THERESA A. KADING

Attorneys for Defendants WELLS FARGO BANK, N.A.; WELLS FARGO & COMPANY

STIPULATION RE WITHDRAWAL OF CONSENT FORM Page 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3/2 Dated: ______________, 2010 3. 2. 1.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED that:

Jeff Miller's Consent to Join the FLSA Collective Action is hereby withdrawn;

Mr. Miller is no longer a party plaintiff to this action;

Mr. Miller's rights shall be determined as though he never signed the Consent Form.

_____________________________ CLAUDIA WILKEN DISTRICT COURT JUDGE

STIPULATION RE WITHDRAWAL OF CONSENT FORM Page 4