Tuck et al v. Wells Fargo Home Mortgage

Filing 35

Order by Magistrate Judge Donna M. Ryu granting 34 Stipulation AS MODIFIED.(dmrlc1, COURT STAFF) (Filed on 10/3/2012)

1 MARSHALL C. WALLACE (BAR NO. 127103)
KEITH D. YANDELL (BAR NO. 233146)
2 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
3 Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
4 Phone: [phone]
Fax: [phone]
5 E-Mail: [e-mail]
[e-mail]
6
JOSI KENNON SWONETZ (BAR NO. 260575)
7 501 West Broadway, 15th Floor
San Diego, California 92101-3541
8 Phone: [phone]
Fax: [phone]
9 E-Mail: [e-mail]
10 Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by merger with
11 Wells Fargo Bank Southwest, N.A. f/k/al Wachovia
Mortgage, FSB f/k/a World Savings Bank, FSB
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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16 ROBERT TUCK, PATRICIA BERKOWITZ,
Plaintiffs,

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Case No. 4:12-CV-04002-DMR
[Assigned for all purpose to Magistrate Judge
Donno M. Ryu]

vs.

STIPULATION TO CONTINUE CASE
19 WELLS FARGO HOME MORTGAGE; NDEX MANAGEMENT CONFERENCE AND
INITIAL DISCLOSURES AND
WEST, LLC; DOES 1 through 50, inclusive,
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[PROPOSED] ORDER AS MODIFIED
Defendants.
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LAW OFFICES

Allen Matkins Leek Gamble
Mallory & Nalsis LLP

792783.01lSD

Case No. 4:12-CV-04002-DMR
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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This stipulation is entered into by and between Plaintiffs Robert Tuck and Patricia

2 Berkowitz ("Plaintiffs") and Defendant Wells Fargo Bank, N.A. ("Wells Fargo") with regard to
3 the following:
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RECITALS

A.

A Case Management Conference in this matter is scheduled for October 11,2012 at

611:00a.m.
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B.

The hearing on Wells Fargo's Motion to Dismiss the Complaint is scheduled for

8 October 11,2012 at 11:00 a.m.

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C.

The hearing on Plaintiffs' Order to Show Cause Why Preliminary Injunction Should

10 Not Issue ('IOSC") is scheduled for October 11,2012 at 11:00 a.m.
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D.

On September 20,2012, at approximately 2:20 p.m. the parties met and conferred

12 in accordance with the August 22, 2012 Order Setting Case Management Conference and
13 Standing Order for Magistrate Judge Donna M. Ryu.
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E.

No prior continuances have been requested nor granted with respect to the Case

15 Management Conference.
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STIPULATION

The parties hereby agree that it is premature to hold the Case Management Conference on

18 October 11,2012, in light of Wells Fargo's pending Motion to Dismiss and Plaintiffs' pending
19 OSC which are scheduled to be heard the same day as the October 11, 2012 Case Management
20 Conference.
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The parties hereby agree that the October 11,2012 Case Management Conference should

22 be continued to allow time for the action to become at issue and thus allow the parties to
23 meaningfully and productively confer regarding further proceedings, including the setting of
24 discovery, pre-trial and trial deadlines and dates.
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For the same reasons, the parties also wish to continue the last day to complete initial

26 disclosures or state objections to such in a Federal Rule of Civil Procedure Rule 26(f) CRuie 26")
27 Report, to file and serve a Case Management Statement, to file and serve a Rule 26(f) Report, to
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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsls LLP

792783.01lSD

Case No.4: 12-CV-04002-DMR
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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3 a Rule 26(f) Report, to file and serve an ADR Certification, and to file and serve a
4 Stipulation to ADR Process or Notice of Need for ADR Phone Conference.
WHEREFORE, the parties hereby stipUlate and request as follows:

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1.
The Case Management Conference presently scheduled for October 11,
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7 2012 be continued to December 12, 2012.

2.
No later than November 28, 2012, the parties shall: (1) meet and confer
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9 regarding Fed.R.Civ. P. 26 initial disclosures, early settlement, ADR process selection and
lOa discovery plan; (2) file an ADR Certification signed by the parties and counsel pursuant

11 to A.D.R. L.R.3-5(b); and (3) file either a Stipulation to ADR Process or Notice of Need
12 for ADR Phone Conference pursuant to A.D.R. L.R. 3-5(b) & (c).

3.
No later than December 5, 2012, the parties shall file the Rule 26(f) Report,
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14 complete initial disclosures, state objections in the Rule 26(f) Report, and file a Joint Case
15 Management Statement in conformance with Judge Ryu's Standing Order.

16 AGREED TO AND ACCEPTED BY:
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Dated: October 2,2012

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ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

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By:

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/s/ Josi Kennon Swonetz
JOS1 KENNON SWONETZ
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
merger with Wells Fargo Bank Southwest,
N.A. flk/af Wachovia Mortgage, FSB flk/a
World Savings Bank, FSB

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CAMACHO & ASSOCIATES

24 Dated: October k2012
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26

Attorneys for Plaintiffs
Robert Tuck and Patricia Berkowitz

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LAW OFFICES
Allen Matkins Leek Gamble
Mallory & Natsls LLP

-2792783.01lSD

Case No. 4:12-CV-04002-DMR
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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[PROPOSED) ORDER
Good cause appearing, it is so ordered as follows:
November 7, 2012
No later than November 28,2012, the parties shall: (1) meet and confer regarding
1.

4 Fed.R.Civ. P. 26 initial disclosures, early settlement, ADR process selection and a discovery plan;
5 (2) file an ADR Certification signed by the parties and counsel pursuant to A.D.R. L.R.3-5(b); and
6 (3) file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference
7 pursuant to A.D.R. L.R. 3-5(b) & (c).
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2.

November 14, 2012
No later than December 5, 2012, the parties shall file the Rule 26(f) Report,

9 complete initial disclosures, state objections in the Rule 26(f) Report, and file a Joint Case
10 Management Statement in conformance with Judge Ryu's Standing Order; and
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3.

The Case Management Conference currently scheduled for October 11,2012 is

12 continued to December 12,2012 at 11 :00 a.m.
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November 21, 2012 at 1:30 p.m.

IT IS SO ORDERED.

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October 3, 2012
15 Dated: _ _ _ _ _ _ _ _ _ _ __
Hon. Donna M. Ryu
Magistrate Judge, United States District Court

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsls LLP

792783.01lSD

Case No. 4:12-CV-04002-DMR
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER