Russell v. Wells Fargo and Company

Filing 84

ORDER re 81 GRANTING STIPULATION RE WITHDRAWAL OF CONSENT OF SUSANNE MAGILL TO BECOME A PARTY PLAINTIFF. Signed by Judge CLAUDIA WILKEN on 12/12/08. (scc, COURT STAFF) (Filed on 12/12/2008)

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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 2800 Wells Fargo Place 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 AND COMPANY and WELLS FARGO BANK, N.A., Defendants. CASE NO. C 07-03993 CW JUDGE CLAUDIA WILKEN COURTROOM 2 STIPULATION RE WITHDRAWAL OF CONSENT OF SUSANNE MAGILL TO BECOME A PARTY PLAINTIFF; [PROPOSED] ORDER APPROVING WITHDRAWAL 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: 34691_1.doc STIPULATION RE WITHDRAWAL OF CONSENT FORM 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 WHEREAS, Susanne Magill, 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 October 5, 2008, thereby giving her 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 Ms. Magill's Consent Form ("Notice") (ECF No. 66); WHEREAS, Susanne Magill wishes to withdraw her Consent Form; and WHEREAS, Defendants agree to the withdrawal of Ms. Magill's Consent Form; NOW, THEREFORE, through their respective counsel, THE PARTIES HEREBY STIPULATE AS FOLLOWS: 1. Susanne Magill's Consent to Join the FLSA Collective Action is hereby withdrawn; 2. Ms. Magill is no longer a party plaintiff to this action; 34691_1.doc -2STIPULATION RE WITHDRAWAL OF CONSENT FORM 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 34691_1.doc ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that: 1. Susanne Magill's Consent to Join the FLSA Collective Action is hereby withdrawn; 2. 3. Ms. Magill is no longer a party plaintiff to this action; Ms. Magill's rights shall be determined as though she never signed the Consent Form. 12/12 Dated: , 2008__ CLAUDIA WILKEN DISTRICT COURT JUDGE -4STIPULATION RE WITHDRAWAL OF CONSENT FORM 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 STATE OF CALIFORNIA COUNTY OF ORANGE PROOF OF SERVICE ) ) 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 WITHDRAWAL OF CONSENT OF SUSANNE MAGILL TO BECOME A PARTY PLAINTIFF; [PROPOSED] ORDER APPROVING WITHDRAWAL on the parties shown below: William M. Audet (State Bar No. 117456) Adel A. Nadji (State Bar No. 232599) AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, California 94105 ANadji@audetlaw.com Telephone: (415) 568-2555 Facsimile: (415) 568-2556 T. Joseph Snodgrass (Pro Hac Vice pending) Kelly A. Swanson (Pro Hac Vice pending) LARSON KING, LLP 2800 Wells Fargo Place 30 East 7th Street St. Paul, Minnesota 55101 Telephone: (651) 312-6500 Facsimile: (651) 312-6619 BY ELECTRONIC MAIL WHERE INDICATED: Pursuant to C.R.C. 2060, I served the foregoing document described by emailing to it each of the aforementioned electronic mail addresses and the transmission was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on December 9, 2008, at Irvine, California. /s/Valerie Beechler Valerie Beechler

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