The City of Farmington Hills Employees Retirement System v. Wells Fargo Bank N.A.
ORDER REGARDING CLASS NOTICE (see Order for details)(Written Opinion). Signed by Judge Donovan W. Frank on 05/25/2012. (rlb)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
The City of Farmington Hills
Employees Retirement System,
individually and on behalf of
all others similarly situated,
Civil No. 10-4372 (DWF/JJG)
Wells Fargo Bank, N.A.,
David M. Cialkowski, Esq., Carolyn G. Anderson, Esq., Brian C. Gundmundson, Esq.,
and June Pineda Hoidal, Esq., Zimmerman Reed, P.L.L.P.; and Peter A. Binkow, Esq.,
Andy Sohrn, Esq., Casey E. Sadler, Esq., Elizabeth M. Gonsiorowski, Esq.,
Robin Bronzaft Howald, Esq., and Jill Duerler, Esq., Glancy Binkow & Goldberg LLP;
and Thomas C. Michaud, Esq., VanOverbeke, Michaud & Timmony PC; Christopher D.
Kaye, Esq. and E. Powell Miller, Esq., The Miller Law Firm, P.C.; and Avraham Noam
Wagner, Esq., The Wagner Firm, counsel for Plaintiff.
Lawrence T. Hoffman, Esq., Richard M. Hagstrom, Esq., James S. Reece, Esq., Rory D.
Zamansky, Esq., Daniel J. Millea, Esq., and Michael R. Cashman, Esq., Zelle Hofmann
Voelbel & Mason LLP; and Brooks F. Poley, Esq., and William A. McNab, Esq.,
Winthrop & Weinstine, PA, counsel for Defendant.
On March 27, 2012, the Court issued an order granting Plaintiff’s Motion for
Class Certification. (Doc. No. 120.) The parties were unable to agree upon the content
of the class notice and submitted briefs in support of their respective positions. (Doc.
Nos. 130, 131, 133; see also Doc. No. 144.) On May 24, 2012, the Court held a
telephone status conference to discuss the disputed issues pertaining to class notice.
Based upon the submissions of the parties, and the arguments of counsel, IT IS
HEREBY ORDERED that:
Plaintiff’s proposed class notice (Doc. No. , Ex. A) is APPROVED
with the following modifications:
The following text, which appears on page 3 of Plaintiff’s
proposed notice, shall be deleted from the Notice disseminated to the class:
In addition, Wells Fargo has filed a Petition with the Eighth
Circuit Court of Appeals seeking a review and reversal of the
District Court’s March 27, 2012 ruling certifying the Class.
As of the date of issuance of this Notice, the Eighth Circuit
Court of Appeals had [sic] not issued any ruling on Wells
The following paragraph, which appears on page 5 of
Plaintiff’s proposed notice, shall be deleted from the Notice disseminated to
If you have been contacted by Wells Fargo Bank, N.A. or its
counsel regarding the subject matter of this action, and/or if
you are considering releasing any claims related to the subject
matter of this action, you should contact Class Counsel, listed
in Section 9 below, so that you can fully understand any legal
rights you may be releasing.
The Class Notice shall contain the relevant contact phone
number(s) and website URL.
The Class Notice shall be disseminated as soon as practicable after the
issuance of this order to all members of the following class:
All participants in Defendant Wells Fargo Bank, N.A.’s securities lending
program (the “Program”) from any time in the period January 1, 2006 to the
present who suffered losses due to the Program’s purchase and maintenance
of high risk, long-term securities.
The Court declines to appoint a notice expert in this matter.
The Court declines to issue an advisory opinion governing Defendant’s
contacts and communications with potential class members or their counsel, or otherwise
comment on the proper scope and parameters of such contacts and communications.
Dated: May 25, 2012
s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?