Lewis et al v. Wells Fargo & Co.

Filing 24

ORDER re 23 granting STIPULATION RE CASE SCHEDULE. Case Management Conference set for 12/10/2009 02:00 PM. Jury Trial set for 11/29/2010 08:30 AM. Motion Hearing set for 2/26/2009 02:00 PM. Pretrial Conference set for 11/16/2010 02:00 PM. Class Certification Motion Hearing set for 12/10/2009 02:00 PM. Motion Hearing set for 7/15/2010 02:00 PM.. Signed by Judge Claudia Wilken on 9/30/08. (scc, COURT STAFF) (Filed on 9/30/2008)

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[Counsel for Parties listed on signature pages]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION

MARTIN LEWIS and AARON COOPER, on behalf of themselves and a class of those similarly situated, Plaintiffs, v. WELLS FARGO & CO., Defendant.

Case No. 08-cv-2670 CW

STIPULATION AND ORDER RE CASE SCHEDULE

782616.5

STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. 08-CV-2670 CW

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This Stipulation is entered into by and between Martin Lewis and Aaron Cooper ("Plaintiffs"), by and through their undersigned counsel, and Wells Fargo Bank, N.A.1 (the "Company"), by and through its undersigned counsel. Plaintiffs and the Company are collectively referred to herein as the "Parties." RECITALS WHEREAS, the Court held an initial case management conference on September 16, 2008, at which the Court ordered the parties to meet and confer regarding a pretrial schedule; and WHEREAS, the Court ordered the parties to hold a mediation within 90 days; WHEREAS, based on counsel's schedules, the parties have agreed to propose accelerating the Conditional Collective Action Certification briefing and hearing schedule (§ 2, below) two weeks earlier; WHEREAS, Defendant believes that mediation in December is unlikely to be fruitful because it cannot produce documents and make deponents available in time for briefing to be submitted to the mediator by mid-December, and has committed to making best efforts to produce such documents and make such deponents available sufficiently in advance of the December holidays to make mediation on January 13, 2009 fruitful; WHEREAS, the Parties have scheduled mediation for January 13, 2009; WHEREAS, in view of the factors set forth above, the Parties have advanced the dates set forth in the Court's September 23, 2008 Minute Order by approximately 1-2 weeks each (with the exception of the mediation date, which is postponed by approximately 4 weeks), resulting in the schedule provided below, which the parties respectfully request the Court to confirm; THEREFORE, the Parties stipulate and agree as follows: STIPULATION AND AGREEMENT 1. The parties shall adhere to the following schedule (hearings are in bold):

The Company maintains that Wells Fargo & Co. is not a proper defendant, and that Plaintiffs should amend their Complaint to replace Wells Fargo & Co. with Wells Fargo Bank, N.A. The Company will provide documentation to confirm the propriety of such an amendment shortly. -1STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. 08-CV-2670 CW

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1. Private mediation January 13, 2009 Date of private mediation

2. Plaintiffs' Motion for Conditional Collective Action Certification January 22, 2009 February 5, 2009 February 12, 2009 February 26, 2009, 2:00 p.m. March 12, 2009 April 9, 2009 June 23, 2009 Motion Opposition Reply Hearing Expected issuance of order Notice to be sent out (if motion is granted) Close of opt-in period (if motion is granted)

3. Plaintiffs' Amended Complaint July 23, 2009 Filing of stipulation or motion for leave to amend (Deadline to add parties or claims) 4. Plaintiffs' Motion for Class Certification October 2, 2009 November 6, 2009 November 25, 2009 December 10, 2009, 2:00 p.m. 5. Pretrial deadlines April 16, 2010 July 15, 2010, 2:00 p.m. August 6, 2010 September 15, 2010 October 5, 2010 November 16, 2010, 2:00 p.m. November 29, 2010, 8:30 a.m. Completion of fact discovery Hearing on case-dispositive motions Disclosure of identities of expert witnesses Exchange of expert witness reports Completion of expert discovery Final pretrial conference Commencement of 15-day trial 2 Motion Opposition Reply Hearing and case management conference

Defendant contends the trial estimate is premature given the uncertain scope of the class (if any is certified) whose issues will be tried.
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STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. 08-CV-2670 CW

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Dated: September 25, 2008

By: /s/ Jahan C. Sagafi _______________ Jahan C. Sagafi Kelly M. Dermody (Cal. Bar No. 171716) Jahan C. Sagafi (Cal. Bar No. 224887) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] E-Mail: [e-mail] Richard C. Haber (admitted pro hac vice) Laura L. Volpini (admitted pro hac vice) HABER POLK LLP Eaton Center, Suite 620 1111 Superior Avenue Cleveland, Ohio 44114 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Plaintiffs and Class Members

Dated: September 25, 2008

By: /s/ Alison L. Tsao _________________ Alison L. Tsao Timothy M. Freudenberger Alison L. Tsao Kent J. Sprinkle CARLTON DISANTE & FREUDENBERGER LLP 601 Montgomery St., Suite 530 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Defendant Wells Fargo & Co.

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STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. 08-CV-2670 CW

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ORDER The foregoing stipulation is approved, and IT IS SO ORDERED. This schedule supersedes the schedule set forth in the Court's Minute Order dated September 24, 2008. 9/30/08 Dated: _________________, 2008

Hon. Claudia Wilken United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. 08-CV-2670 CW