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Yellin v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 21, 2010

JEFFREY YELLIN AND ELLEN YELLIN, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WELLS FARGO BANK, N.A. AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Phyllis J. Hamilton

[PROPOSED] ORDER STAYING MOTION TO TRANSFER AND VACATING HEARING

[Local Rules 6-2 and 7-12] Filed concurrently with:

1. Stipulated Request for Order Staying Motion to Transfer and Vacating Hearing.

The Court, having read the Stipulated Request for Order Staying Motion to Transfer and Vacating Hearing filed by Plaintiffs Jeffrey and Ellen Yellin and Defendant Wells Fargo Bank, N.A. pursuant to Local Rule 6-2 and 7-12, and good cause appearing therefore, hereby ORDERS that:

1. Defendant's motion to transfer is stayed pending resolution of Plaintiffs' pending motion to remand this case to the Superior Court of California for San Francisco County;

2. The hearing on Defendant's motion to transfer currently scheduled for August 18, 2010 is vacated;

3. Should this Court decline to remand this case to the Superior Court of California for San Francisco County, the Court shall set a hearing on Defendant's motion to transfer, with Plaintiffs having at least twenty-one (21) days to file a brief in opposition to the motion to transfer and Defendant having fourteen (14) days to file its reply brief.

IT IS SO ORDERED.

Hon. Phyllis J. Hamilton United States District Judge

20100721

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