Carducci v. Wachovia Bank et al

Filing 31

STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS re 29 Stipulation filed by Wachovia Bank, Wells Fargo Bank, N.A., Wells Fargo & Company. Signed by Judge Phyllis J. Hamilton on 6/24/11. (nah, COURT STAFF) (Filed on 6/24/2011)

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Jack R. Nelson (SBN 111863)
Email: [e-mail]
Karen A. Braje (SBN 193900)
Email: [e-mail]
David J. De Jesus (SBN 197914)
Email: [e-mail]
Alicia A. Adornato (SBN 254228)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
Wachovia Bank, N.A., Wells Fargo & Company
and Wells Fargo Bank, N.A

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CELESTE CARDUCCI,

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Case No. 4:11-cv-00181-PJH

Plaintiff,
vs.
WACHOVIA BANK, N.A., WELLS FARGO
BANK, N.A., WELLS FARGO & COMPANY,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE JULY 6, 2011
HEARING ON DEFENDANTS’ MOTION
TO DISMISS TO AUGUST 10, 2011

Defendants.

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Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff Celeste Carducci, by and through her

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attorneys of record, and Defendants Wachovia Bank, N.A., Wells Fargo & Company and Wells

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Fargo Bank, N.A, by and through their attorneys of record, (collectively, “the Parties”), hereby

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request the Court continue the currently-scheduled hearing date on Defendants’ Motion to Dismiss

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from Wednesday, July 6, 2011 to Wednesday, August 10, 2011.

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On its own motion, the Court previously continued the hearing on Defendants’ Motion to

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Dismiss to April 27, 2011. The Parties had a scheduling conflict on that date, however, and

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stipulated to continue the hearing date due to July 6, 2011. At the Parties’ request, the Court

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continued the June 23 Case Management Conference to June 30 because the Parties are engaged in
Case No. 4:11-cv-00181-PJH

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US_ACTIVE-106554678.1-AMFOREST

STIPULATION AND [PROPOSED] ORDER TO CONTINUE
JULY 6, 2011 HEARING ON DEFENDANTS’ MOTION TO DISMISS TO AUGUST 10, 2011

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settlement discussions and felt that an additional week would allow the Parties to better utilize the

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Court’s time. The Parties request the Court continue the currently-scheduled Motion to Dismiss

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hearing date because the Parties are currently involved in settlement negotiations and feel that this

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additional time will assist the Parties in their mediation. The Parties do not believe this new date for

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the hearing on Defendants’ Motion to Dismiss will impact the current schedule for the case since no

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deadlines have been set.

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IT IS HEREBY STIPULATED that the Parties have agreed to continue the hearing date on
Defendants’ Motion to Dismiss to August 10, 2011 at 9:00 a.m.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: June 22, 2011.

THE ARNS LAW FIRM

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By

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/s/ Robert S. Arns
Robert S. Arns
Attorneys for Plaintiff Celeste Carducci

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DATED: June 22, 2011.

REED SMITH LLP

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By

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/s/ Jack R. Nelson
Jack R. Nelson
Alicia A. Adornato
Attorneys for Defendants Wachovia Bank, N.A.,
Wells Fargo Bank, N.A., Wells Fargo & Company

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IT IS SO ORDERED:

O ORD

IT IS S

ERED

R NIA

S

June 24
DATED: __________________, 2011.

________________________________________
Honorable Phyllis ge PhHamilton
J. yllis J. Hamilton
Jud
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FO

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Case No. 4:11-cv-00181-PJH

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UNIT
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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US_ACTIVE-106554678.1-AMFOREST

STIPULATION AND [PROPOSED] ORDER TO CONTINUE
JULY 6, 2011 HEARING ON DEFENDANTS’ MOTION TO DISMISS TO AUGUST 10, 2011