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Gabriella v. Wells Fargo Financial

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 22, 2009

MELLISSA GABRIELLA, STEVE YOUMANS, AND VERONICA ACEVES, ON BEHALF OF THEMSELVES AND THE HONORABLE SUSAN ILLSTON CLASSES OF THOSE SIMILARLY SITUATED, PLAINTIFFS,
v.
WELLS FARGO FINANCIAL, INC. AND WELLS FARGO FINANCIAL CALIFORNIA, INC. D/B/A WELLS FARGO FINANCIAL AND WELLS FARGO FINANCIAL ACCEPTANCE, AND DOES 1-50, DEFENDANTS.

[PROPOSED] ORDER APPROVING SETTLEMENT, DISMISSING FIFTH CAUSE OF ACTION WITH PREJUDICE, AND GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT

The Court has considered the parties' Joint Stipulation re Request for Approval of Settlement, Dismissal of Fifth Cause of Action with Prejudice, and for Leave of Court to File Fourth Amended Complaint. The Court has also carefully reviewed the terms of the Confidential Settlement Agreements and Releases (which have been filed under seal).

IT IS HEREBY ORDERED that:

1. The Court finds that the Confidential Settlement Agreements and Releases in this matter, and the terms and conditions contained therein, are fair, adequate, and reasonable and were agreed to by all parties. Therefore, the Court hereby APPROVES the settlement on the terms and conditions provided in the Confidential Settlement Agreements and Releases.

2. The Fifth Cause of Action and any related derivative claims alleged by Plaintiffs Melissa Gabriella, Steve Youmans, and Veronica Aceves in the Third Amended Complaint are 12 dismissed with prejudice; and 13

3. Plaintiffs are granted leave to file a Fourth Amended Complaint in this action to reflect only those claims that have not been dismissed.

IT IS SO ORDERED.

20091222

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