Pierce v. Wells Fargo Bank, N.A.

Filing 53

STIPULATION AND ORDER re 52 Granting Leave to File Second Amended Complaint. Signed by Judge Jeremy Fogel on 11/5/08. (dlm, COURT STAFF) (Filed on 11/6/2008)

1 STUART C. CLARK (SBN 124152) [e-mail] 2 CHRISTINE S. WATSON (SBN 218006) [e-mail] 3 CARR & FERRELL LLP 2200 Geng Road 4 Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff PATRICK PIERCE 7 8 9 10 11 12 13 14 v. PATRICK PIERCE, Plaintiff, CASE NO. C08-01554 JF (HRL) STIPULATION AND ------------------ ORDER [PROPOSED] GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

WELLS FARGO BANK, 15 and DOES 1 through 20, 16 17 18 WHEREAS: 19 20 within thirty (30) days of the date of the order; 21 22 23 2008; 24 C. B A. Defendants.

By order dated July 18, 2008, the Court granted leave to file an amended complaint

Plaintiff Patrick Pierce ("Pierce") filed a First Amended Complaint on August 29,

The parties engaged in an unsuccessful settlement conference before Hon. Howard

25 Lloyd on October 17, 2008; 26 27 amended complaint, and asked defendant Wells Fargo Bank, N.A. ("WFB") to stipulate to the filing 28
{00344194v1}

D.

Following the settlement conference Pierce decided to seek leave to file a further

-1Stipulation And Order Permitting Plaintiff To File A Further Amended Complaint (Case No. C08-01554 JF (HRL)

1 of such further amended complaint; 2 3 4 5 6 complaint contains any actionable claims or claims that are not preempted by ERISA. WFB reserves all its legal rights to defend against such claims including, but not limited to, moving to E. WFB having agreed to stipulate to the filing of a further amended complaint as

requested by Piece. In so stipulating, WFB does not indicate that it believes the new amended

7 dismiss all the claims set forth in the amended complaint. 8 NOW THEREFORE IT IS HEREBY STIPULATED by and between Pierce and WFB,

9 through their respective counsel, that Pierce may file a further amended complaint within ten (10) 10 11 12 13 14 15 16 Dated: October 30 , 2008 17 18 19 20 21 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. By: /s/ Greg J. Richardson GREG J. RICHARDSON Attorneys for Defendant WELLS FARGO BANK, N.A. By: /s/ Stuart C. Clark STUART C. CLARK Attorneys for plaintiff Patrick Pierce Dated: October 31 , 2008 CARR & FERRELL LLP days of the entry of the order stipulated to herein.

ORRICK, HERRINGTON & SUTCLIFFE LLP

November 5 ---------24 DATED: October , 2008 25 26 27 28
{00344194v1}

JEREMY FOGEL UNITED STATES DISTRICT JUDGE

-2Stipulation And Order Permitting Plaintiff To File A Further Amended Complaint (Case No. C08-01554 JF (HRL)