Perez et al v. Wells Fargo & Company et al

Filing 160

ORDER re 159 Opposition/Response to Motion, filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo & Company. Signed by Judge Hamilton on 5/10/2016. (pjhlc1, COURT STAFF) (Filed on 5/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONIQUE PEREZ, et al.,

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United States District Court
Northern District of California

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Case No. 14-cv-0989-PJH

Plaintiffs,

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v.

WELLS FARGO & COMPANY, et al.,

ORDER RE DEFENDANTS'
OPPOSITION TO CLASS
CERTIFICATION MOTION

Defendants.

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The court is in receipt of a chambers copy of defendants’ opposition to plaintiffs’

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motion for class certification. The court has reviewed the opposition and finds it

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incomprehensible. Whether the problem is with the opposition itself or with the chambers

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copy is difficult to determine.

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Defendants’ chambers copy consists of a single bound document bearing the

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caption “Opposition to Plaintiff’s Motion for Class Certification.” Following a 27-page

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memorandum of points and authorities is a tab and a divider page, both marked “Exhibit

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A.” Behind the “Exhibit A” divider and tab is the Declaration of Rachel M. Hoffer in

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support of the opposition. The Hoffer Declaration describes 11 exhibits that are attached

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following the declaration, and which appear to be the documents marked with tabs

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numbered 1-11. The declaration describes Exhibit 11 as a summary chart of declarations

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of class members, and also states that “copies of the 26 declarations are attached as

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Exhibit C-1 to C-26 to Defendants’ opposition.” Hoffer Decl. ¶ 13.

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Following the Hoffer Declaration and Exhibits 1-11 is a divider page marked
“Exhibit B.” However, there is no explanation of what this is an exhibit to. Following the

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“Exhibit B” divider is a Declaration by Mary D. Evans. Following the Evans Declaration is

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a divider sheet marked “Exhibit C,” again with no explanation as to what this is an exhibit

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to. Following that divider is a Declaration by Teresa Swanson. Following the Swanson

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Declaration is a divider sheet marked “Exhibit D,” again with no explanation as to what

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this is an exhibit to. Following the “Exhibit D” divider are a series of divider sheets

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marked “Exhibit 1” through “Exhibit 11.” Behind each of those dividers is a declaration.

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Following the last of those 11, the Declaration of Mildred Alicea, is another divider sheet

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marked “Exhibit 12.” Following this divider are tabs marked “Exhibit 12” through “Exhibit

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26,” each preceded by a divider sheet marked with the same exhibit number.

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Because the court cannot make any sense out of this submission, the document is

United States District Court
Northern District of California

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not usable for its intended purpose. No later than May 12, 2016, defendants shall

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provide the court with a usable chambers copy of their opposition papers, to include a

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separately fastened copy of the memorandum of points and authorities, and a separately

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fastened copy of the Hoffer Declaration that has its exhibits attached with tabs that match

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the exhibit numbers listed in the declaration. Divider sheets are of no use if there is no

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corresponding tab.

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IT IS SO ORDERED.

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Dated: May 10, 2016

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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