Russell v. Wells Fargo and Company

Filing 87

ORDER re 86 granting STIPULATION RE EXTENSION OF BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO STRIKE OR INVALIDATE RULE 68 OFFERS. Motion Hearing set for 2/19/2009 02:00 PM.. Signed by Judge Claudia Wilken on 12/23/08. (scc, COURT STAFF) (Filed on 12/23/2008)

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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 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 AND COMPANY and WELLS FARGO BANK, N.A., 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

Plaintiffs Monte Russell and Daniel Freidman ("Plaintiffs") and Defendants Wells Fargo Bank, N.A. and Wells Fargo & Company ("Defendants"), through their respective counsel, pursuant to Local Rule 6-2, hereby stipulate as follows:
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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, on November 20, 2008, this Court approved the parties' stipulation seeking a continuation of the hearing date to January 8, 2009; WHEREAS, Defendant's response to the Motion is due on Thursday, December 18, 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 January 8, 2009,

to February 19, 2009, at 2 p.m. The parties request that the February 19, 2009, hearing also be used as a status conference in the event settlement is not reached.
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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: December 19, 2008 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 19, 2008

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. AND WELLS FARGO & COMPANY

-3STIPULATION RE EXTENSION OF BRIEFING SCHEDULE

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
12/23

Dated:

, 2008

CLAUDIA WILKEN DISTRICT COURT JUDGE

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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 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 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 (State Bar No. 117456) Adel A. Nadji (State Bar No. 232599) AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, California 94105 [e-mail] Telephone: [phone] Facsimile: [phone] 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: [phone] Facsimile: [phone]

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 19, 2008, at Irvine, California. /s/Valerie Beechler Valerie Beechler