Pierce v. Wells Fargo Bank, N.A.

Filing 50

STIPULATION AND ORDER re 49 Vacating the June 12, 2008 Order Referring Parties to Mediation. Signed by Judge Jeremy Fogel on 9/26/08. (dlm, COURT STAFF) (Filed on 10/1/2008)

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PATRICIA K. GILLETTE (STATE BAR NO. 74461) ANDREW R. LIVINGSTON (STATE BAR NO. 148646) GREG J. RICHARDSON (STATE BAR NO. 203788) MONIQUE FUENTES (STATE BAR NO. 242588) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] JOSEPH C. LIBURT (STATE BAR NO. 155507) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025-1015 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for DEFENDANT WELLS FARGO BANK, N.A. (sued as "Wells Fargo Bank") UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

PATRICK PIERCE, Plaintiff, v. WELLS FARGO BANK, and Does 1-10, inclusive, Defendant.

Case No. CV 08 1554 JF STIPULATION AND [PROPOSED] -----------------ORDER VACATING THE JUNE 12, 2008 ORDER REFERRING THE PARTIES TO MEDIATION

STIPULATION AND [PROPOSED] ORDER (CASE NO. CV 08 1554 JF)

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1.

On June 10, 2008, Plaintiff Patrick Pierce ("Plaintiff") and Defendant Wells Fargo

Bank, N.A. ("Defendant") filed a Stipulation and Proposed Order in which they agreed to participate in mediation within 120 days of the courts ruling on Plaintiff's Motion to Remand and Defendant's Motion to Dismiss (the "Stipulation"). 2. Pursuant to the Stipulation, this Court referred the parties to mediation and set the

deadline for that mediation 120 days after ruling on Defendant's Motion to Dismiss and Plaintiff's Motion to Remand on June 12, 2008 (the "Stipulation and Order"). 3. On July 18, 2008, this Court issued an order denying Plaintiff's Motion to

Remand, granting Defendants' Motion to Dismiss with leave to amend, and referring the parties to Magistrate Judge Lloyd for a judicial settlement conference (the "July 18, 2008 Order"). 4. Pursuant to the July 18, 2008 Order, the parties have scheduled a settlement

conference with Magistrate Judge Lloyd for October 17, 2008 at 9:30 a.m. in Courtroom 2, United States Courthouse, 280 South First Street, San Jose, California. 5. In light of the scheduled judicial settlement conference, the parties agree that the

Stipulation and Order, referenced above in paragraph 2, should be vacated. /// /// /// /// /// /// /// /// /// /// /// /// /// 1
STIPULATION AND [PROPOSED] ORDER (CASE NO. CV 08 1554 JF)

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THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that the Court may vacate the Stipulation and Order, referenced above in paragraph 2. Dated: September 24, 2008 PATRICIA K. GILLETTE ANDREW R. LIVINGSTON JOSEPH C. LIBURT GREG J. RICHARDSON MONIQUE FUENTES Orrick, Herrington & Sutcliffe LLP

Dated: September 24, 2008

/s/ Monique Fuentes Attorneys for Defendant WELLS FARGO BANK, N.A. STUART C. CLARK Carr and Ferrell LLP

/s/ STUART C. CLARK Attorneys for Plaintiff PATRICK PIERCE I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.

/s/ Monique Fuentes Attorneys for Defendant WELLS FARGO BANK, N.A.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 9/26/08 Dated: ________________________

The Honorable Jeremy Fogel United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER (CASE NO. CV 08 1554 JF)