Russell v. Wells Fargo and Company

Filing 78

ORDER re 76 GRANTING STIPULATION RE EXTENSION OF BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO STRIKE OR INVALIDATE RULE 68 OFFERS. Motion Hearing set for 1/8/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 11/25/08. (scc, COURT STAFF) (Filed on 11/25/2008)

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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 Plaintiff MONTE RUSSELL 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 Defendant WELLS FARGO BANK, N.A. (ERRONEOUSLY SUED HEREIN AS WELLS FARGO & COMPANY) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND DIVISION MONTE RUSSELL, on behalf of himself and others similarly situated, Plaintiff, vs. WELLS FARGO & COMPANY, Defendants.

CASE NO. C 07-03993 CW JUDGE CLAUDIA WILKEN COURTROOM 2 STIPULATION RE EXTENSION OF BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO STRIKE OR INVALIDATE RULE 68 OFFERS; [PROPOSED] ORDER APPROVING EXTENSION

Plaintiff Monte Russell ("Plaintiff") and Defendant Wells Fargo Bank, N.A. (erroneously sued herein as Wells Fargo & Company) ("Defendant"), through their respective counsel, pursuant to Local Rule 6-2, hereby stipulate as follows:
34353_1.doc

STIPULATION RE EXTENSION OF BRIEFING SCHEDULE

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WHEREAS, on September 11, 2008, Plaintiff filed a Notice of Motion and Motion to Strike or Otherwise Invalidate Defendant's Rule 68 Offers of Judgment ("Motion"); WHEREAS, on September 30, 2008, Plaintiff filed an Amended Notice of Motion and Motion to Strike or Otherwise Invalidate Defendant's Rule 68 Offers of Judgment, setting the hearing date on the Motion for December 11, 2008; WHEREAS, Defendant's response to the Motion is due on Thursday, November 20, 2008; WHEREAS, the parties have resumed and been engaging in extensive and thorough settlement negotiations since September 2008 and have halted discovery and other litigation pending settlement negotiations; and WHEREAS, the parties wish to conserve their and the Court's resources in the event that a settlement is reached. NOW, THEREFORE, through their respective counsel, THE PARTIES HEREBY STIPULATE AS FOLLOWS: 1. The hearing on Plaintiff's Motion is continued from December 11,

2008, to January 8, 2009, at 2 p.m. The parties request that the January 8, 2009 hearing also be used as a status conference in the event settlement is not reached. /// /// /// ///
34353_1.doc

-2STIPULATION RE EXTENSION OF BRIEFING SCHEDULE

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2.

The deadline for Defendant to file a response to Plaintiff's Motion

shall be measured from the continued hearing date. DATED: November 20, 2008 LARSON KING, LLP T. JOSEPH SNODGRASS KELLY A. SWANSON By: /s/ T. JOSEPH SNODGRASS T. JOSEPH SNODGRASS Attorneys for Plaintiff MONTE RUSSELL

DATED: November 20, 2008

HODEL BRIGGS WINTER LLP GLENN L. BRIGGS THERESA A. KADING By: /s/ THERESA A. KADING THERESA A. KADING Attorneys for Defendant WELLS FARGO BANK, N.A.

34353_1.doc

-3STIPULATION RE EXTENSION OF BRIEFING SCHEDULE

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34353_1.doc

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
11/25

Dated:

, 2008

CLAUDIA WILKEN DISTRICT COURT JUDGE

-4STIPULATION RE EXTENSION OF BRIEFING SCHEDULE

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PROOF OF SERVICE UNITED STATES DISTRICT COURT COUNTY OF ORANGE ) ) ss: )

I am employed in the County of Orange, State of California. I am over the age of 18, and not a party to the within action. My business address is Hodel Briggs Winter LLP, 8105 Irvine Center Drive, Suite 1400, Irvine, CA 92618. On this date I served the following documents:

STIPULATION RE EXTENSION OF BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO STRIKE OR INVALIDATE RULE 68 OFFERS; [PROPOSED] ORDER APPROVING EXTENSION
On the parties shown below: William M. Audet Adel A. Nadji AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] T. Joseph Snodgrass Kelly A. Swanson LARSON KING, LLP 2800 Wells Fargo Place 30 East 7th Street St. Paul, Minnesota 55101 Telephone: [phone] Facsimile: [phone]

pursuant to the instructions on that website. Federal: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made:

FILING): n this date I provided the document(s) listed (BYvELECTRONICthrough theoCourt's electronic filing service provider abo e electronically

Executed on November 20, 2008, at Irvine, California. /s/ Valerie A. Beechler Valerie A. Beechler

PROOF OF SERVICE