Russell v. Wells Fargo and Company

Filing 93

ORDER re 92 GRANTING AS MODIFIED STIPULATION re continuance of pre-trial deadlines and requesting status conference. Further Case Management Conference set for 6/23/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 4/23/09. (scc, COURT STAFF) (Filed on 4/23/2009)

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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 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 & COMPANY and WELLS FARGO BANK, N.A., Defendants. Plaintiffs Monte Russell and Daniel Friedman ("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:
STIPULATION RE: CONTINUATION OF PRE-TRIAL DEADLINES

CASE NO. C 07-03993 CW JUDGE CLAUDIA WILKEN COURTROOM 2 ORDER GRANTING AS MODIFIED STIPULATION RE CONTINUATION OF PRE-TRIAL DEADLINES AND REQUESTING STATUS CONFERENCE

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WHEREAS, on September 11, 2008, Plaintiff Monte Russell filed a Notice of Motion and Motion to Strike or Otherwise Invalidate Defendant's Rule 68 Offers of Judgment ("Motion"); WHEREAS, on September 23, 2008, the Court issued a Minute Order and Case Management Order, which sets forth the pre-trial deadlines governing this collective and proposed class action, including the briefing deadlines associated with Plaintiff's Motion to Strike or Otherwise Invalidate Defendant's Rule 68 Offers of Judgment; WHEREAS, on September 30, 2008, Plaintiffs 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, December 23, 2008, January 30, 2009, and March 4, 2009, respectively, this Court approved the parties' stipulations seeking continuation of the hearing date on Plaintiffs' Motion to Strike. In those stipulated filings, the parties notified the Court that they had ceased discovery to focus on settlement efforts; WHEREAS, Defendant's response to Plaintiffs' Motion to Strike is currently due on April 16, 2009, and the Motion is to be argued and heard before this Court on May 7, 2009, at 2:00 p.m.; WHEREAS, Plaintiff Daniel Friedman's motion for class certification of Plaintiff's state law claims pursuant to Rule 23 of the Federal Rules of Civil Procedure is due on or before April 30, 2009, and the Motion is to be heard and argued before this Court on June 25, 2009, at 2:00 p.m.;
-2STIPULATION RE CONTINUATION OF PRE-TRIAL DEADLINES

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WHEREAS, the parties are continuing to actively engage in extensive and thorough settlement negotiations and, as of September 30, 2008, have halted discovery and other litigation pending their settlement negotiations; WHEREAS, the parties presently are actively engaged in settlement discussions with the assistance of the Honorable Edward A. Infante (Ret.); 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 parties request that the Court continue all pre-trial deadlines,

including all briefing deadlines associated with Plaintiffs' Motion to Strike and Plaintiffs' Motion for Class Certification. 2. The parties further request that the Court schedule a status conference

in the second half of June 2009, at which point the parties will advise the Court as to the status of the parties' settlement negotiations and, in the event the case has not been resolved, propose an appropriate scheduling order. // // // // // //
-3STIPULATION RE CONTINUATION OF PRE-TRIAL DEADLINES

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DATED: April 15, 2009

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: April 15, 2009

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

-4STIPULATION RE CONTINUATION OF PRE-TRIAL DEADLINES

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. THE HEARING DATES FOR THE MOTION TO STRIKE AND THE MOTION FOR CLASS CERTIFICATION ARE VACATED. A FURTHER CASE MANAGEMENT CONFERENCE WILL BE HELD ON JUNE 23, 2009 AT 2:00 P.M. ALL OTHER PRETRIAL AND TRIAL DATES REMAIN IN EFFECT.

4/23 Dated: , 2009

CLAUDIA WILKEN DISTRICT COURT JUDGE

-5STIPULATION RE CONTINUATION OF PRE-TRIAL DEADLINES