Hamilton v. Wells Fargo Bank, N.A.

Filing 43

ORDER re 42 Granting Stipulation to Extend Time to Respond to First Amended Complaint. Signed by Judge Claudia Wilken on 5/13/2010. (ndr, COURT STAFF) (Filed on 5/13/2010)

1 2 3 4 5 6 7 8 9

JOHN B. SULLIVAN (State Bar No. 96742) [e-mail] MARK D. LONERGAN (State Bar No. 143622) [e-mail] KALAMA M. LUI-KWAN (State Bar No. 242121) [e-mail] SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Wells Fargo Bank, N.A. UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 12 MARIKA HAMILTON, an individual, on her 13 own behalf and on behalf of all others similarly situated 14 Plaintiff, 15 v. 16 WELLS FARGO BANK, N.A., 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28
07685/0436/810780.1

Case No.: CV 09-04152 CW CLASS ACTION STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT (L.R. 6-1(a))

STIPULATION TO EXTEND TIME TO RESPOND TO FAC

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, on December 18, 2009, defendant Wells Fargo Bank, N.A. ("Wells Fargo") filed motions to strike and to dismiss the initial complaint by plaintiff Marika Hamilton ("Plaintiff"); WHEREAS, on April 12, 2010, the Court entered an order granting in part the motion to strike and granting the motion to dismiss with leave to amend Plaintiff's fraud and Truth In Lending Act claims ("Order"); WHEREAS, the Order states that "[i]f no second amended complaint is filed, Defendant must file an answer to the remaining claims within four weeks from the date of this order", but does not set a deadline by which Wells Fargo must file an answer or other response to an amended complaint; WHEREAS, on April 26, 2010, Plaintiff filed a First Amended Class Action Complaint ("FAC"); WHEREAS, under the Federal Rules of Civil Procedure, Wells Fargo's current deadline to answer or otherwise respond to the FAC is May 13, 2010; WHEREAS, Plaintiff has agreed to extend the deadline for Defendant to answer or otherwise respond to the FAC by two weeks; and WHEREAS, the agreed-upon extension will not alter the date of any event or any deadline already fixed by Court order; NOW THEREFOR, IT IS HEREBY STIPULATED by the parties hereto, through their respective counsel, that: 1. The time for Wells Fargo to answer or otherwise respond to the FAC shall be

extended until and including May 27, 2010; and 2. all parties. This stipulation is without prejudice to the rights, claims, arguments and defenses of

DATED: May 12, 2010

KAMBEREDELSON, LLC By: /s/ Evan M. Meyers Evan M. Meyers (admitted pro hac vice)

Attorneys for Plaintiff Marika Hamilton
07685/0436/810780.1

STIPULATION TO EXTEND TIME TO RESPOND TO FAC

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

DATED: May 12, 2010

SEVERSON & WERSON A Professional Corporation By: /s/ Kalama M. Lui-Kwan Kalama M. Lui-Kwan

Attorneys for Defendant Wells Fargo Bank, N.A. Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of the document has been obtained from Evan M. Meyers.

UNIT ED

S

S DISTRICT TE C TA

ER

N

F D IS T IC T O R

A

C

LI
-2-

07685/0436/810780.1

FO

laudia W Judge C

ilken

R NIA

ORD T IS SO I

ERED

RT U O

NO

RT

H

STIPULATION TO EXTEND TIME TO RESPOND TO FAC