The opinion of the court was delivered by: Judge Claudia Wilken
Daniel C. Girard (State Bar No. 114826) email@example.com Amanda M. Steiner (State Bar No. 190047) firstname.lastname@example.org GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Attorneys for Individual and Representative Plaintiff Daniel Call Bruce A. Ericson (State Bar No. 76342) email@example.com Jeffrey Jacobi (State Bar No. 252884) firstname.lastname@example.org PILLSBURY WINTHROP SHAW PITTMAN LLP 50 Fremont Street San Francisco, CA 94105 Telephone: (415) 983-1000 Facsimile: (415) 983-1200 Attorneys for Defendant Wells Fargo & Company
STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER
2 through the undersigned attorneys, hereby agree and stipulate as follows: 3
4 conduct of this litigation, including service of process, elimination of unnecessary parties and other 5 matters; 6
7 behalf of a putative class before determining whether to certify the action as a class action"; 8
9 designation at this time of Girard Gibbs LLP to serve as interim counsel to act on behalf of the putative 10 class, while expressly reserving its right to oppose class certification on any grounds; 11
Whereas the parties are unaware of any other pending actions arising out of the redemption of 12 the Wells Fargo Capital Trust XIV Trust Preferred Securities ("TRUPs"), but note that multiple actions 13 have been filed with respect to the redemption of another trust preferred security issued by a different 14 trust (the redemption of Wachovia Capital Trust X TRUPs), and therefore note the possibility that 15 additional actions relating to Wells Fargo Capital Trust XIV TRUPs may be filed; and
Whereas Plaintiff submits with this stipulation the Declaration of Daniel C. Girard to provide the 17 court with a foundation under Fed. R. Civ. P. 23(g)(1) for determining that Girard Gibbs LLP is 18 qualified to serve as interim counsel on behalf of the putative Class of investors in Wells Fargo Capital 19 Trust XIV TRUPs (the declaration being submitted only by Plaintiff, with Defendant reserving the right 20 to contest the declaration's assertions at a future date); 21
22 the parties, subject to the Court's approval, that: 23
Interim Class Counsel to act on behalf of the putative class in this case and in any additional actions on 25 behalf of investors in Wells Fargo Capital Trust XIV TRUPs that might be consolidated with this case.
Plaintiff Daniel Call ("Plaintiff") and Defendant Wells Fargo & Company ("Defendant"), by and
Whereas the parties have conferred to discuss various procedural issues relating to the efficient
Whereas Fed. R. Civ. P. 23(g)(3) states that the "court may designate ...