Call v. Wells Fargo & Company et al

Filing 11

ORDER Granting 9 Stipulation REGARDING EXTENSION OF TIME FOR BRIEFING OF DEFENDANTS 7 MOTION TO DISMISS THE COMPLAINT. Responses due by 1/27/2012. Replies due by 2/13/2012. Signed by Judge Claudia Wilken on 1/5/2012. (ndr, COURT STAFF) (Filed on 1/5/2012)

1
2
3
4
5
6

Daniel C. Girard (State Bar No. 114826)
[e-mail]
Amanda M. Steiner (State Bar No. 190047)
[e-mail]
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

7

Attorneys for Plaintiff Daniel Call

8

13

Bruce A. Ericson (State Bar No. 76342)
[e-mail]
Jeffrey Jacobi (State Bar No. 252884)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
50 Fremont Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

14

Attorneys for Defendant Wells Fargo & Company

9
10
11
12

15
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

16
17
18
19

DANIEL CALL, on behalf of himself and all
others similarly situated,

20
Plaintiff,
21
22
23
24

vs.
WELLS FARGO & COMPANY, a Delaware
corporation,

Case No. 11-CV-5215-CW
STIPULATION REGARDING EXTENSION
OF TIME FOR BRIEFING OF
DEFENDANT’S MOTION TO DISMISS THE
COMPLAINT
(CIVIL L.R. 6-1)

Defendant.

25
26
27
28
STIPULATION REGARDING EXTENSION OF TIME FOR BRIEFING OF DEFENDANT’S
MOTION TO DISMISS THE COMPLAINT (CIVIL L.R. 6-1)
CASE NO. 11-CV-5215-CW

1
2

Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Daniel Call and Defendant Wells Fargo &
Company, by and through the undersigned attorneys, hereby agree and stipulate as follows:

3

Whereas Plaintiff filed his complaint on October 25, 2011;

4

Whereas Defendant agreed to waive service of summons on October 26, 2011, thereby extending

5

Defendant’s response date to December 27, 2011;

6
7

Whereas Plaintiff and Defendant stipulated to the dismissal of Plaintiff’s claims against the
trustee, Bank of New York Mellon Trust Company, N.A., without prejudice, on November 17, 2011;

8

Whereas Defendant filed a motion to dismiss the complaint on December 27, 2011;

9

Whereas Local Rule 7-3 requires Plaintiff to file his opposition to the motion to dismiss on or

10

before January 10, 2012, and Defendant to file its reply on or before January 17, 2012;

11

Whereas the hearing has been set for March 1, 2012;

12

Whereas the parties request to extend the briefing schedule because of the New Year holiday and

13

briefing commitments in counsel’s other matters;

14
15

Whereas the proposed briefing schedule ensures that the Court will receive all briefing on
Defendant’s motion to dismiss more than two weeks prior to the scheduled hearing date; and

16
17

Whereas this agreement does not affect any of the dates set by the Court’s October 25, 2011
Order Setting Initial Case Management Conference and ADR Deadlines;
IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for

18
19

the parties, subject to the Court’s approval, that:

20
21

1.

Plaintiff must file his opposition to Defendant’s motion to dismiss on or before January

27, 2012; and

22

2.

23

IT IS SO STIPULATED.

24

//

25

//

26

//

27

//

28

Defendant must file its reply to Plaintiff’s response on or before February 13, 2012.

//
1
STIPULATION REGARDING EXTENSION OF TIME FOR BRIEFING OF DEFENDANT’S
MOTION TO DISMISS THE COMPLAINT (CIVIL L.R. 6-1)
CASE NO. 11-CV-5215-CW

1

DATED: January 4, 2012

GIRARD GIBBS LLP

2
By: ____/s/ Daniel C. Girard____________
Daniel C. Girard

3
4

Amanda M. Steiner
601 California Street, Suite 1400
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

5
6
7
8

Attorneys for Individual and Representative
Plaintiff Daniel Call

9
10
11

DATED: January 4, 2012

12

PILLSBURY WINTHROP SHAW PITTMAN LLP
By: _____/s/ Bruce A. Ericson__________
Bruce A. Ericson

13

Jeffrey Jacobi
50 Fremont Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

14
15
16
17
18

Attorneys for Defendant Wells Fargo & Company

19
20
21
22

PURSUANT TO STIPULATION, IT IS SO ORDERED.

23
24
25
26

1/5/2012
Date: ____________

_______________________________
Judge Claudia Wilken
United States District Judge

27
28
2
STIPULATION REGARDING EXTENSION OF TIME FOR BRIEFING OF DEFENDANT’S
MOTION TO DISMISS THE COMPLAINT (CIVIL L.R. 6-1)
CASE NO. 11-CV-5215-CW

1

CERTIFICATE OF SERVICE

2

I hereby certify that on January 4, 2012, a true and correct copy of the foregoing document

3
4

was filed on the Court’s CM/ECF system, and was thereby made available to counsel of record.
Executed this 4th day of January, 2012 at San Francisco, California.

5
6

/s/ Daniel C. Girard

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION REGARDING EXTENSION OF TIME FOR BRIEFING OF DEFENDANT’S
MOTION TO DISMISS THE COMPLAINT (CIVIL L.R. 6-1)
CASE NO. 11-CV-5215-CW