Opinion
CASE NO. C 13-00999-SI
03-15-2013
RICHARD D'ALESSIO, et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. WELLS FARGO HOME MORTGAGE, et al., Defendants.
BERNS WEISS, LLP Jeffrey K. Berns (SBN 131351) BERNS WEISS LLP Lee A. Weiss ( pro hac vice Attorneys For Plaintiffs Mark T. Flewelling (SBN 96465) Yaw-Jiun (Gene) Wu (SBN: 228240) Leigh O. Curran (SBN: 173322) Attorneys for Defendants WELLS FARGO HOME MORTGAGE, a Division of WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a WACHOVIA MORTGAGE, FSB, f/k/a WORLD SAVINGS BANK, FSB, and successor by merger with WACHOVIA MORTGAGE CORPORATION; WORLD SAVINGS, INC.; WELLS FARGO BANK SOUTH CENTRAL, N.A., successor by merger with WACHOVIA BANK, FSB, f/k/a WORLD SAVINGS BANK, FSB (TEXAS); and WELLS FARGO & COMPANY, successor by merger with WACHOVIA CORPORATION, which was successor by merger with GOLDEN WEST FINANCIAL CORPORATION ("Wells Fargo")
BERNS WEISS, LLP
Jeffrey K. Berns (SBN 131351)
BERNS WEISS LLP
Lee A. Weiss
(pro hac vice application forthcoming)
Attorneys For Plaintiffs
[The Hon. Susan Illston]
JOINT STIPULATION ON PROPOSED
BRIEFING SCHEDULE AND HEARING
ON MOTION; [PROPOSED] ORDER
The parties, by and through their counsel of record, hereby enter in the stipulation below concerning the response to Plaintiffs' Complaint, the briefing schedule and hearing date for any motion to dismiss. This stipulation is based on the following:
A. Plaintiffs filed their Class Action Complaint on March 4, 2013 (Dkt #1)
B. Because of the complexity of the factual and legal issues raised in the complaint, and to coordinate the briefing of any motion to dismiss in this action with the briefing in Murphy v. Wells Fargo Home Mortgage, Case Number C 12-006228-SI, which was related to this action by Order dated March 12, 2013 (Murphy, Dkt #23), the parties desire that the Court set the briefing schedule set forth below, which schedule the parties are also stipulating to in Murphy;
The parties hereby stipulate:
1. Defendants shall respond to the complaint on or before April 12, 2013;
2. If Defendants file a motion in response to the complaint, then Plaintiffs shall file an opposition to the motion on or before May 10, 2013; and
3. Defendants shall file a reply brief on or before May 31, 2013.
4. Defendants' motion in response to the complaint shall be heard on June 14, 2013 at 9:00 a.m., or as otherwise set by the Court.
5. The initial case management conference shall remain at June 14, 2013 at 2:30 p.m., as previously set. (Dkt #9).
BERNS WEISS LLP
By: __________________________
Jeffrey K. Berns (SBN 131351)
jberns@law111.com
20700 Ventura Blvd, Suite 140
Woodland Hills, CA 91364
Tel.: (818)961-2000
Fax: (818)999-150
Attorneys for Plaintiffs
ANGLIN, FLEWELLING, RASMUSSEN
CAMPBELL & TRYTTEN LLP
By: __________________________________
Mark T. Flewelling (SBN 96465)
Yaw-Jiun (Gene) Wu (SBN: 228240)
Leigh O. Curran (SBN: 173322)
Attorneys for Defendants WELLS FARGO HOME
MORTGAGE, a Division of WELLS FARGO BANK,
N.A., successor by merger with Wells Fargo Bank
Southwest, N.A., f/k/a WACHOVIA MORTGAGE,
FSB, f/k/a WORLD SAVINGS BANK, FSB, and
successor by merger with WACHOVIA MORTGAGE
CORPORATION; WORLD SAVINGS, INC.; WELLS
FARGO BANK SOUTH CENTRAL, N.A., successor
by merger with WACHOVIA BANK, FSB, f/k/a
WORLD SAVINGS BANK, FSB (TEXAS); and
WELLS FARGO & COMPANY, successor by merger
with WACHOVIA CORPORATION, which was
successor by merger with GOLDEN WEST
FINANCIAL CORPORATION
("Wells Fargo")
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED
________________________
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE
ECF CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to the document.
By: ______________________
Jeffrey K. Berns (SBN 131351)
BERNS WEISS, LLP
jberns@law111.com
20700 Ventura Blvd., Suite 140
Woodland Hills, CA 91364
Tel.: (818)961-2000
Fax: (818)999-1500
CERTIFICATE OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Berns Weiss LLP, 20700 Ventura Blvd., Suite 140, Woodland Hills, CA 91364. On the date listed below, I served the following document(s) by the method indicated below:
1. JOINT STIPULATION ON PROPOSED BRIEFING SCHEDULE AND HEARING ON MOTION; [PROPOSED] ORDER___ by transmitting via facsimile on this date from fax number __________ the document(s) listed above to the fax number(s) set forth below. The transmission was completed before 5:00 PM and was reported complete and without error. The transmission report, which is attached to this proof of service, was properly issued by the transmitting fax machine. Service by fax was made by agreement of the parties, confirmed in writing. The transmitting fax machine complies with Cal. R. Ct 2003(3). X by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail Los Angeles, California addressed as set forth below. I am readily familiar with the firm's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in this Declaration. ___ by placing the document(s) listed above in a sealed envelope(s) and by causing personal delivery of the envelope(s) to the person(s) at the address(es) set forth below. ___ by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. ___ by placing the document(s) listed above in a sealed envelope(s) and consigning it to an express mail service for guaranteed delivery on the next business day following the date of consignment to the address(es) set forth below. X by transmitting via email to the parties at the email addresses listed below. T. Thomas Cottingham, III
tcottingham@winston.com
Stacie C. Knight
sknight@winston.com
WINSTON & STRAWN LLP
214 North Tryon Street
Charlotte, NC 28202-1078
Tel.: 704.350.7700
Fax.: 704.350.7800
Attorneys for Defendants Amanda L. Groves
agroves@winston.com
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
T. 415.591.1000
F. 415.591.1400
Attorneys for Defendants Mark T. Flewelling
mflewelling@afrct.com
Yaw-Jiun (Gene) Wu
gwu@afrct.com
Leigh O. Curran
lcurran@afrct.com
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL, AND TRYTTEN
199 So. Los Robles Avel., #600
Pasadena, CA 91101
T. 626.535.1900
F. 626.577.7764
Attorneys for Defendants
I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on March 15, 2013, at Woodland Hills, California.
________________________
Albert G. Lum