Lewis et al v. Wells Fargo & Co.

Filing 328

ORDER Granting 323 Stipulation to shorten time for consideration and ruling re 317 MOTION for Order Directing Notice to Overpaid Opt-Ins. Signed by Judge Claudia Wilken on 9/16/2011. (ndr, COURT STAFF) (Filed on 9/16/2011)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MARTIN LEWIS, AARON COOPER, and
ANISSA SCHILLING, on behalf of
themselves and a class of those similarly
situated,
Plaintiffs,
v.
WELLS FARGO & CO.,

CASE NO. 08-cv-2670 CW

STIPULATION AND [PROPOSED] ORDER
TO SHORTEN TIME FOR
CONSIDERATION AND RULING ON
SETTLEMENT ADMINISTRATOR'S
UNOPPOSED MOTION FOR ORDER
DIRECTING NOTICE TO OVERPAID OPTINS

Defendant.

WHEREAS, the Settlement Administrator is concurrently filing an Unopposed Motion for
Order Directing Overpaid Opt-Ins to Return Overpayment to the Settlement Fund ("Unopposed
Motion for Order") which seeks an Order directing notice be sent to Opt-Ins who were overpaid
due to the Settlement Administrator's error in misinterpreting of one of the multipliers set forth in
the Settlement Agreement to be used to calculate Opt-In awards, and requesting the overpaid OptIns return their overpayment to the Qualified Settlement Fund;
WHEREAS, Counsel for Defendant and Plaintiffs' Counsel do not oppose the relief
sought in the Unopposed Motion for Order;
WHEREAS, should the Court hold a hearing on regular notice, the next available hearing
date is October 20, 2011;
WHEREAS, the parties agree that it would further the proper and efficient administration
of justice in this case for an Order on the Settlement Administrator's Unopposed Motion for
Order to be entered as soon as is practicable; -

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR REVIEW AND DECISION
CASE NO. 08-CV-2670 CW

WHEREAS, the parties further agree that, subject to the Court's approval, the Unopposed
Motion for Order may be decided on the papers without hearing;
WHEREAS, payment to the underpaid Opt-Ins will be made after the hearing on this
motion, if the time for hearing on the motion is shortened, and/or the Court rules without hearing,
the underpaid Opt-Ins will receive the additional monies to which they are entitled earlier than if
the matter is heard on regular notice;
NOW THEREFORE, IT IS HEREBY STIPULTED by the undersigned counsel on behalf
of the parties identified below, and subject to the Court's approval, that they agree that the
Unopposed Motion for Order may be decided on the papers without hearing.
Dated: September 15, 2011

By: /s/ Jennifer Rappoport
Jennifer Rappoport
WINSTON & STRAWN LLP
Counsel for Defendant Wells Fargo
By:

/s/ Jahan Sagafi
Jahan Sagafi
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
Counsel for Plaintiffs

By:

/s/ Thomas A. Warren
Thomas A. Warren
SETTLEMENT SERVICES, INC.
Settlement Administrator

I, Jennifer Rappoport, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.
/s/ Jennifer Rappoport
Jennifer Rappoport

-2STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR REVIEW AND DECISION

CASE NO. 08-CV-2670 CW

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The Settlement Administrator's Unopposed Motion for Order shall be decided on the
papers without a hearing.

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IT IS SO ORDERED.

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Dated:

September 16 , 2011
The Honorable Claudia Wilken
United States District Judge
Northern District of California

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR REVIEW AND DECISION
LA:299770.1

CASE NO. 08-CV-2670 CW