Russell v. Wells Fargo and Company

Filing 160

ORDER re 155 Granting Stipulation TO AMEND SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANTS. Signed by Judge Claudia Wilken on 04/16/2010. (scc, COURT STAFF) (Filed on 4/16/2010)

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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 T. JOSEPH SNODGRASS (MN# 231071) (pro hac vice) Email: jsnodgrass@larsonking.com KELLY A. SWANSON (MN# 330838) (pro hac vice) Email: kswanson@larsonking.com LARSON KING, LLP 30 East 7th Street St. Paul, Minnesota 55101 Telephone: (651) 312-6500 Facsimile: (651) 312-6619 Attorneys for Plaintiffs MONTE RUSSELL and DANIEL FRIEDMAN GLENN L. BRIGGS (SB# 174497) Email: gbriggs@hbwllp.com THERESA A. KADING (SB# 211469) Email: tkading@hbwllp.com HODEL BRIGGS WINTER LLP 8105 Irvine Center Drive, Suite 1400 Irvine, CA 92618 Telephone: (949) 450-8040 Facsimile: (949) 450-8033 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 STIPULATION TO AMEND SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANTS 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: 43585_1 STIPULATION TO AMEND SETTLEMENT AGREEMENT 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 43585_1 WHEREAS, the parties previously submitted a Settlement Agreement (ECF 142-1), which received preliminary approval from the Court on March 26, 2010 (see ECF 152); WHEREAS, the parties have identified three additional FLSA Class Members who were inadvertently omitted from the FLSA Class as described in the original Settlement Agreement; WHEREAS, an amendment to the Settlement Agreement is necessary to include the three previously omitted FLSA Class Members, including Suzanne Honeck, Dustin Knape, and Jeffrey Telford; WHEREAS, each of the three previously omitted Class Members will be treated the same as those Class Members included in the original Settlement Agreement to whom they are similarly situated, and compensated accordingly; WHEREAS, all provisions of the Settlement Agreement will apply to these three previously omitted Class Members with full force, as if they had been included in the original Settlement Agreement; and WHEREAS, the proposed amendment should be approved by the Court for the same reasons supporting the Court's approval of the original Settlement Agreement (ECF 142-1) on March 26, 2010. -2STIPULATION TO AMEND SETTLEMENT AGREEMENT 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 43585_1 NOW, THEREFORE, through their respective counsel, THE PARTIES STIPULATE THAT THE AMENDMENT, INDIVIDUALLY, AND THE SETTLEMENT AS A WHOLE, MEET ALL REQUIREMENTS FOR THIS COURT'S PRELIMINARY APPROVAL, AND REQUEST THE FOLLOWING ORDER: 1. The parties' previously submitted Settlement Agreement (ECF 142- 1), which received preliminary approval from the Court on March 26, 2010 (see ECF 152), is amended as described in the Amendment to Settlement Agreement between Plaintiffs and Defendants, filed concurrently herewith. The unaffected provisions of the Settlement Agreement remain approved and unchanged. 2. The Amendment to the Settlement Agreement, and the proposed settlement as a whole, meets all requirements for this Court's preliminary approval, as set out in the Court's previously entered Order granting preliminary approval of the proposed settlement (ECF 152). DATED: April 13, 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 -3STIPULATION TO AMEND SETTLEMENT AGREEMENT 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: April 13, 2010 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 43585_1 -4STIPULATION TO AMEND SETTLEMENT AGREEMENT 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 43585_1 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: April 16, 2010 CLAUDIA WILKEN DISTRICT COURT JUDGE -5STIPULATION TO AMEND SETTLEMENT AGREEMENT

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