UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 1, 2012
GUSTAVO REYES AND MARIA TERESA GUERRERO, HUSBAND AND WIFE, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFFS,
WELLS FARGO BANK, N.A., A NATIONAL BANK; AND DOES 1-100, INCLUSIVE,
The opinion of the court was delivered by: Judge: The Hon. Joseph C. Spero
MICHAEL J. STEINER (State Bar No. 112079) firstname.lastname@example.org 2 ALEX C. SEARS (State Bar No.232491) email@example.com 3 SEVERSON & WERSON A Professional Corporation 4 One Embarcadero Center, Suite 2600 San Francisco, CA 94111 5 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 6 Attorneys for Defendant 7 WELLS FARGO BANK, N.A. 8 9
Complaint Filed: Mar. 11, 2010
Trial Date: (not yet set)
STIPULATION AND [PROPOSED] ORDER RE: COURT-ORDERED MEDIATION
WHEREAS, on August 29, 2010, this Court ordered plaintiffs Gustavo Reyes and Maria Teresa Guerrero and defendant Wells Fargo Bank, N.A., to mediate this case pursuant to Local 21 Rule 6; and 22
WHEREAS, the parties agreed to schedule the mediation before the court-appointed 20 23 mediator; and 24
WHEREAS, the parties subsequently agreed to conduct a mediation before a private 25 mediator, namely, Hon. Ronald M. Sabraw (Ret.) of JAMS, in lieu of the court-appointed 26 mediation procedure; and 27
WHEREAS, the parties previously submitted a stipulation and proposed order to the Court 2 informing the Court of their decision to mediate before Retired Judge Sabraw and requesting a 3 continuance of the schedule for class certification; and 4
WHEREAS, the Court entered the proposed order on December 21, 2011 directing the 5 parties to mediate as they had agreed; and 6
WHEREAS, the parties held the agreed-upon mediation before Retired Judge Sabraw on February 16, 2012; and 8
WHEREAS, the parties believe that the mediation before Retired Judge Sabraw was 9 productive and resulted in progress toward settlement, though they have not yet reached a final 10 resolution; and 11
WHEREAS, the parties believe that their mediation before Retired Judge Sabraw 12 constituted satisfaction of their agreement to mediate this matter, and that court-appointed 13 mediation is unnecessary; 14
WHEREFORE, the parties agree and hereby stipulate as follows:
1. That the February 16, 2012 mediation session satisfied their obligation to mediate this case pursuant to the Court's August 29, 2010 order; and
2. That mediation before the court-appointed mediator is unnecessary in light of the parties' February 16, 2012 mediation.
This stipulation is without prejudice to the rights, claims, defenses and arguments of all 4 parties. 5
PURSUANT TO THE STIPULATION, 17 IT IS ORDERED that the parties have satisfied their obligation to mediate this 18 case pursuant to the Court's August 29, 2010 order, and that the Court hereby VACATES its 19 previous referral to court-appointed mediation.
Hon. Joseph C. Spero MAGISTRATE JUDGE
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