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Douglas K. Mcdaniel and v. Wells Fargo Investments

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 31, 2011

DOUGLAS K. MCDANIEL AND
BRYAN CLARK, ON BEHALF OF THEMSELVES, ALL OTHERS SIMILARLY SITUATED, AND THE GENERAL PUBLIC,
PLAINTIFFS,
v.
WELLS FARGO INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WELLS FARGO BANK, N.A., A NATIONAL ASSOCIATION,
WELLS FARGO ADVISORS, LLC, FORMERLY KNOWN AS WACHOVIA SECURITIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND DOES 1 THROUGH 50 INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Samuel Conti

MALCOLM A. HEINICKE (State Bar No. 194174) Malcolm.Heinicke@mto.com MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 TERRY E. SANCHEZ (State Bar No. 101318) SHOSHANA E. BANNETT (State Bar. No. 241977) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, Thirty-Fifth Floor Los Angeles, California 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Attorneys for Defendants

STIPULATION AND [PROPOSED] ORDER RE: FILING OF FIRST AMENDED COMPLAINT; WITHDRAWAL OF MOTION TO TRANSFER AND SCHEDULING

removed it to this Court pursuant to the Class Action Fairness Act of 2005;

WHEREAS, Plaintiffs bring this putative employment class action, and Defendants have

WHEREAS, Defendants have filed a motion to transfer venue to the United States District Court for the Eastern District of California, pursuant to 28 U.S.C. §1404, and that motion has 5 been noticed for a hearing on April 29, 2011;

otherwise respond to the complaint until after the resolution of this motion to transfer;

wish to amend their complaint to dismiss certain claims and focus on a claim alleging violations 10 of California Labor Code section 450;

amend their complaint, Defendants wish to withdraw without prejudice their motion to transfer 13 this case to the United States District Court for the Eastern District of California;

WHEREAS, the parties previously agreed to extend Defendants' time to answer or

WHEREAS, in light of developments in other actions and for other reasons, Plaintiffs

WHEREAS, in light of developments in other actions and Plaintiffs' stated intention to

WHEREAS, Defendants stipulate to Plaintiffs' filing of the proposed First Amended Complaint (attached hereto as Exhibit A) and the associated dismissal without prejudice of the 16 previously pled claims now omitted from the First Amended Complaint, provided Defendants 17 expressly reserve the right to challenge the First Amended Complaint and allegations therein on 18 any and all grounds, and do not waive any arguments or defenses;

the First Amended Complaint shall be thirty (30) days from the filing of the First Amended Complaint following the entry of the stipulated Order below, unless subsequently stipulated 22 otherwise; 23

initially answer the First Amended Complaint but instead file a pleading motion such as a motion 25 to dismiss, court and party resources would be best preserved if the Case Management Conference currently scheduled for May 27, 2011 at 10:00 a.m. (and associated deadlines) is 27 continued and held after the initial pleading motion(s) are resolved, a process the parties 28 anticipate will not take longer than one hundred twenty (120) days;

WHEREAS, the parties agree that Defendants' deadline to answer or otherwise respond to

WHEREAS, the parties agree that, given that it is anticipated that Defendants will not

WHEREAS, through this stipulation, Plaintiffs and Defendants do not concede any procedural or substantive rights;

NOW THEREFORE, Plaintiffs and Defendants through their counsel of record stipulate to the following and respectfully request an order to this effect:

IT IS HEREBY STIPULATED that (a) Plaintiffs may file the First Amended Complaint; (b) Defendants shall answer or otherwise respond to the First Amended Complaint within thirty (30) days of the filing of the First Amended Complaint; (c) the Case Management Conference 8 currently scheduled for May 27, 2011 at 10:00 a.m. (along with its associated deadlines) is hereby 9 continued one hundred twenty (120) days to August 26, 2011 at 10:00 a.m. or as soon thereafter 10 as may be heard by the Court; and (d) the pending motion to transfer filed by Defendants be deemed withdrawn without prejudice. *fn1

PURSUANT TO STIPULATION, IT IS SO ORDERED that (a) Plaintiffs may file (through 15 the Court's e-filing system) the First Amended Complaint in the form submitted with this 16 stipulation and proposed order; (b) Defendants shall answer or otherwise respond to the First 17

Amended Complaint within thirty (30) days of Plaintiffs' filing of the First Amended Complaint; 18 (c) the Case Management Conference currently scheduled for May 27, 2011 at 10:00 a.m. (and 19 associated deadlines) is hereby continued to August 26, 2011 at 10:00 a.m.; (d) Defendants' 20 motion to transfer the case to the United States District Court for the Eastern District of California

(Docket Entry Nos. 10 and 15) is hereby deemed withdrawn without prejudice and the hearing on April 29, 2011 is vacated. AT

T N IT IS SO ORDERED

O Judge Samuel

In compliance with General Order 45.X.B., I hereby attest that William P. Torngren concurred in 28 this filing.


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