Call v. Wells Fargo & Company et al

Filing 15

ORDER Granting 13 Stipulation REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g). Signed by Judge Claudia Wilken on 1/10/2012. (ndr, COURT STAFF) (Filed on 1/10/2012)

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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]
Attorneys for Individual and Representative
Plaintiff Daniel Call

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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]

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Attorneys for Defendant Wells Fargo & Company

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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

Case No. 11-CV-5215-CW

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Plaintiff,
vs.

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WELLS FARGO & COMPANY, a Delaware
corporation,

STIPULATION REGARDING
APPOINTMENT OF INTERIM CLASS
COUNSEL UNDER FED. R. CIV. P 23(g),
AND PROPOSED ORDER

Defendant.

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STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R.
CIV. P. 23(g) AND PROPOSED ORDER
CASE NO. 11-CV-5215-CW

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Plaintiff Daniel Call (“Plaintiff”) and Defendant Wells Fargo & Company (“Defendant”), by and
through the undersigned attorneys, hereby agree and stipulate as follows:

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Whereas the parties have conferred to discuss various procedural issues relating to the efficient

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conduct of this litigation, including service of process, elimination of unnecessary parties and other

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matters;

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Whereas Fed. R. Civ. P. 23(g)(3) states that the “court may designate interim counsel to act on
behalf of a putative class before determining whether to certify the action as a class action”;

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Whereas in the interest of the efficient conduct of this litigation, Defendant does not oppose
designation at this time of Girard Gibbs LLP to serve as interim counsel to act on behalf of the putative
class, while expressly reserving its right to oppose class certification on any grounds;

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Whereas the parties are unaware of any other pending actions arising out of the redemption of

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the Wells Fargo Capital Trust XIV Trust Preferred Securities (“TRUPs”), but note that multiple actions

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have been filed with respect to the redemption of another trust preferred security issued by a different

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trust (the redemption of Wachovia Capital Trust X TRUPs), and therefore note the possibility that

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additional actions relating to Wells Fargo Capital Trust XIV TRUPs may be filed; and

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Whereas Plaintiff submits with this stipulation the Declaration of Daniel C. Girard to provide the

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court with a foundation under Fed. R. Civ. P. 23(g)(1) for determining that Girard Gibbs LLP is

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qualified to serve as interim counsel on behalf of the putative Class of investors in Wells Fargo Capital

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Trust XIV TRUPs (the declaration being submitted only by Plaintiff, with Defendant reserving the right

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to contest the declaration’s assertions at a future date);

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IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for
the parties, subject to the Court’s approval, that:

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Pursuant to Fed. R. Civ. P 23(g)(2), the Court may appoint the law firm of Girard Gibbs LLP as

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Interim Class Counsel to act on behalf of the putative class in this case and in any additional actions on

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behalf of investors in Wells Fargo Capital Trust XIV TRUPs that might be consolidated with this case.

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//

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STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R.
CIV. P 23(g) AND PROPOSED ORDER
CASE NO. 11-CV-5215-CW

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IT IS SO STIPULATED

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DATED: January 9, 2012

GIRARD GIBBS LLP

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By:

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/s/ Daniel C. Girard
Daniel C. Girard

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

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Attorneys for Individual and Representative
Plaintiff Daniel Call

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DATED: January 9, 2012

PILLSBURY WINTHROP SHAW PITTMAN LLP

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By:

/s/ Bruce A. Ericson
Bruce A. Ericson

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

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Attorneys for Wells Fargo & Company

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STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R.
CIV. P 23(g) AND PROPOSED ORDER
CASE NO. 11-CV-5215-CW

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ORDER
The Court has considered the above stipulation and the related Declaration of Daniel C. Girard.

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Pursuant to Fed. R. Civ. P 23(g)(2), the Court finds that the law firm of Girard Gibbs LLP will

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adequately represent the interests of the Class in pre-class certification proceedings and appoints Girard

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Gibbs LLP as Interim Lead Class Counsel to act on behalf of the putative class in this case and in any

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additional actions on behalf of investors in Wells Fargo Capital Trust XIV TRUPs that might be

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consolidated with this case.

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This order is without prejudice to the rights of Defendant to oppose class certification or
appointment of Girard Gibbs LLP as regular class counsel on any grounds, including adequacy of
representation under Fed. R. Civ. P 23(a) and (g).

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1/10/2012
Date: ____________

_______________________________
Judge Claudia Wilken

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STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R.
CIV. P 23(g) AND PROPOSED ORDER
CASE NO. 11-CV-5215-CW

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CERTIFICATE OF SERVICE
I hereby certify that on January 10, 2012, a true and correct copy of the foregoing document
was filed on the Court’s CM/ECF system, and was thereby made available to counsel of record.
Executed this 9th day of January, 2012 at San Francisco, California.

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/s/ Daniel C. Girard

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STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R.
CIV. P 23(g) AND PROPOSED ORDER
CASE NO. 11-CV-5215-CW