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Keith and Ying Forster v. Wells Fargo & Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA J SAN FRANCISCO DIVISION


February 22, 2011

KEITH AND YING FORSTER,
SONYA FOSTER, GREGORY MCNUTT,
WENDY SCRIBNER, MICHELLE WILKINSON,
DANA MOODY, FLORIN MOLDOVAN,
JOHN JONES AND MARTINE SONON-JONES,
RALPH AND NANCY IANNUZZI,
BRYAN WEISZ, ALMA QUEZADA, AND TODD LISA PHILLIPS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
WELLS FARGO & CO., WELLS FARGO HOME MORTGAGE, AND
WELLS FARGO BANK, N.A. D/B/A AMERICA'S SERVICING COMPANY,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Richard Seeborg United States District Court Judge

*E-Filed 2/22/11*

(415) 788-4220 CHUBERT

STIPULATION AND [PROPOSED] ORDER (1) EXTENDING TIME FOR COMPLAINT PURSUANT TO RULE 15; (2) EXTENDING TIME FOR PLAINTIFFS TO FILE FIRST AMENDED and DEFENDANTS TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT; AND

(3) TAKING DEFENDANTS' PENDING MOTION TO DISMISS OFF CALENDAR LOCAL RULE 6-2

Pursuant to Civil Local Rule 6-2, and in accordance with Local Rule 7-12, the parties hereby submit this stipulation extending the deadline for Plaintiffs to file a First Amended Complaint, pursuant to Rule 15(a)(1)(B), to March 30, 2011. Additionally, the parties stipulate to 4 extend the deadline for Defendants to respond to Plaintiffs' First Amended Complaint to April 29, 5 2011. In light of the agreement, Defendants' pending motion to dismiss is moot and should be 6 taken off calendar. The accompanying declaration of Willem F. Jonckheer sets forth the reason for the requested extension and the effect of the extension on the case schedule.

February 22, 2011

SCHUBERT JONCKHEER & KOLBE LLP LLP Willem Jonckheer K & ONCKHEER OLBE By: Willem F. Jonckheer Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 Three Embarcadero Center, Suite 1650 (415) 788-4220 San Francisco, California 94111 Telephone: (415) 788-4220 HARWOOD FEFFER LLP JEFFREY M. NORTON J ROY SHIMON 488 Madison Ave. CHUBERT New York, NY 10022 Telephone: (212) 935-7400 Fax: (212) 753-3630 S Counsel for Plaintiffs Dated: February 22, 2011 SEVERSON & WERSON 21 ___/s/ Jon D. Ives______________ By: Jon D. Ives One Embarcadero Center, Suite 2600 San Francisco, California 94111 Telephone: (415) 398-3344 Fax: (415) 956-0439 Counsel for Defendants

ATTESTATION OF FILER

I, Jason A. Pikler, hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories.

Dated: February 22, 2011 SCHUBERT JONCKHEER & KOLBE LLP By: /s/Jason A. Pikler Jason A. Pikler Counsel for Plaintiffs LLP OLBE K

Three Embarcadero Center, Suite 1650 ONCKHEER San Francisco, CA 94111 (415) 788-4220

ORDER

Good cause appearing, pursuant to the stipulation of the parties, IT IS SO ORDERED: &

1. Plaintiffs shall file their First Amended Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), by March 30, 2011. J

CHUBERT

2. Defendants shall file a responsive pleading or motion by April 29, 2011.

S

3. Defendants' motion to dismiss Plaintiffs' initial class action complaint, scheduled for hearing on March 31, 2011, is removed from the Court's calendar.

20110222

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