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Marika Hamilton, Michael v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


May 14, 2012

MARIKA HAMILTON, MICHAEL
HICKMAN, JEFFREY AND ELLEN YELLIN, AND BRENDAN O'LEARY, INDIVIDUALLY AND ON BEHALF OF THE CLASSES OF SIMILARLY SITUATEDINDIVIDUALS,
PLAINTIFFS,
v.
WELLS FARGO BANK, N.A., FOR ITSELF AND AS A SUCCESSOR IN INTEREST TO GOLDEN WEST BANK, WACHOVIA BANK, AND WELLS
FARGO FINANCIAL / NOWLINE BANK,
DEFENDANT.

The opinion of the court was delivered by: Honorable Claudia A. Wilken

[PROPOSED] ORDER GRANTING 17 FINAL APPROVAL TO CLASS ACTION SETTLEMENT 18

FINAL APPROVAL ORDER

WHEREAS, a putative class action is pending before the Court entitled Hamilton v. 3 WHEREAS, the five named Plaintiffs-Marika Hamilton, Michael Hickman, Jeffrey 5 Representatives")-brought four separate lawsuits following Wells Fargo's decision to suspend 7 their respective HELOCs. These actions are Hamilton v. Wells Fargo Bank, N.A., 09-cv-4152 8 Wells Fargo Bank, N.A., Case No. 09-cv-4152-CW; and 4 Yellin, Ellen Yellin and Brendan O'Leary (collectively, "Plaintiffs" or "Class 6 (N.D. Cal., filed Sept. 8, 2009); Hickman v. Wells Fargo Bank, N.A., No. 09-cv-5090 (N.D. Ill, 9 filed Aug. 19, 2009); Yellin v. Wells Fargo Bank, N.A., No. 10-cv-2665 (N.D. Cal., removed 10 20, 2010) (collectively, "Underlying Class Actions"); 12 Consolidated Amended Class Action Complaint joining the Plaintiffs in the Underlying Class 14

WHEREAS, Plaintiffs and Defendant WELLS FARGO BANK, N.A., for itself and as a 16 successor in interest to GOLDEN WEST BANK, WACHOVIA BANK, and WELLS FARGO 17 Agreement dated December 5, 2011 which, together with the Exhibits attached thereto, sets forth 19 the terms and conditions for a proposed settlement and dismissal of the Underlying Class Actions 20 with prejudice as to Defendant upon the terms and conditions contained therein (the "Settlement 21 Agreement"), and the Court having read and considered the Settlement Agreement and Exhibits 22 attached thereto, and the Court having considered all of the submissions and arguments with 23 respect to the Motion for Final Approval and having held a Fairness Hearing on April 26, 2012; 24

WHEREAS, on January 25, 2012, this Court preliminarily approved the Settlement and 25 certified, for settlement purposes, three settlement classes (collectively, "Settlement Class") 26 defined as follows: 27

1. The "Financial Circumstances Class": June 18, 2010); and O'Leary v. Wells Fargo Bank, N.A., No. 10-cv-1913 (E.D. Cal., filed July 11 WHEREAS, with leave of Court, on January 25, 2012 Plaintiff Hamilton filed a 13 Actions for the purpose of effectuating the settlement; 15 FINANCIAL / NOWLINE BANK ("Defendant" or "Wells Fargo") have agreed on a Settlement 18 All persons in the United States from January 1, 2008 to June 30, 2011 whose Wells 2 Fargo HELOC accounts were restricted or reduced by Wells Fargo based on a claim by Wells 3 Fargo that the borrower's financial circumstances had experienced an adverse material change to 4 justify treatment of the borrower's account. 5 All persons in the United States from July 1, 2008 to June 30, 2011 whose Wells Fargo 7 2. The "Property Value Class":

HELOC accounts were restricted or reduced based on a claim by Wells Fargo that the value of 8 the property securing the HELOC had experienced a significant decline in value to justify 9 treatment of the borrower's account.

All persons in the United States from January 1, 2008 to June 30, 2011 who closed their

Wells Fargo HELOC accounts following a restriction or reduction of the account by Wells Fargo 13 based upon a claim by Wells Fargo that there has been a material adverse change of the 14 borrower's financial circumstances, or a significant decline in the value of the property securing 15 the HELOC, and who paid a Deferred Origination Fee as a result of the closure.

WHEREAS, Notice to the Settlement Class Members has been provided in accordance 17 with the Court's Preliminary Approval Order, and the substance of and dissemination program 18 for the Notice, which included direct U.S. mail notice and the creation of a settlement website, 19 fully complied with the requirements of Fed. R. Civ. P. 23 and Due Process, constituted the best 20 notice practicable under the circumstances, and provided due and sufficient notice to all persons 21 entitled to notice of the Settlement of this Action; 22

WHEREAS, the Settlement Agreement was arrived at as a result of arms' length 23 negotiations conducted in good faith by experienced attorneys familiar with the legal and factual 24 issues of this case and with the assistance of a mediator, Judge Edward Infante (Ret.), and thus is 25 supported by Plaintiffs and Class Counsel; 26

WHEREAS, the Settlement as set forth in the Settlement Agreement is fair, reasonable, 27 adequate, and in the best interests of the Settlement Class in light of the complexity, expense, 28

3. The "Former Customer Class": 11 and duration of litigation and the risks involved in establishing liability and damages and in 2 maintaining the Underlying Class Actions through trial and appeal; 3

WHEREAS, the Settlement consideration provided under the Settlement Agreement 4 constitutes fair value given in exchange for the release of the Released Claims against the 5

Class Members is reasonable, considering the facts and circumstances of the claims and defenses 7 asserted in the Action, and the potential risks and likelihood of success of alternatively pursuing 8 trials on the merits; 9

Addendum A hereto are found to have validly excluded themselves from the Settlement in 11 accordance with the provisions of the Preliminary Approval Order.

Released Defendant. The Court finds that the settlement consideration provided to Settlement 6

WHEREAS, the persons listed as having filed timely requests for exclusion listed on 10

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. The Settlement Agreement is finally approved as fair, reasonable, adequate, and 14 in the best interests of the Settlement Class. The Parties are directed to consummate the 15

Settlement Agreement in accordance with its terms. The Parties and Settlement Class Members 16 who did not timely exclude themselves from the Settlement Class are bound by the terms and 17 conditions of the Settlement Agreement, except for the Parties listed on Addendum A as having 18 filed an untimely exclusion who will be found to have validly excluded themselves from the 19

2. The Court approved Notice Plan to the Settlement Classes, as set forth in the 21

Preliminary Approval Order of January 25, 2012, and finds that the Notice Plan has been 22 successfully implemented and satisfies the requirements of Federal Rule of Civil Procedure 23 and 23

3. The Court finds that Defendant properly and timely notified the appropriate state and 25 federal officials of the Settlement Agreement, pursuant to the Class Action Fairness Act of 2005 26

("CAFA"), 28 U.S.C. § 1715. The Court has reviewed the substance of Defendant's notices and 27 accompanying materials, and finds that they complied with all applicable requirements of CAFA. 28

Settlement. 20

Due Process. 24

4. The following settlement classes are hereby finally certified, solely for purposes 2 of this Settlement, pursuant to Federal Rule of Civil Procedure 23(b)(3): 3

Fargo HELOC accounts were restricted or reduced by Wells Fargo based on a claim by Wells Fargo that the borrower's financial circumstances had experienced an adverse material change to 7 justify treatment of the borrower's account. 8

HELOC accounts were restricted or reduced based on a claim by Wells Fargo that the value of 11 the property securing the HELOC had experienced a significant decline in value to justify 12 treatment of the borrower's account. 13

Wells Fargo HELOC accounts following a restriction or reduction of the account by Wells Fargo 16 based upon a claim by Wells Fargo that there has been a material adverse change of the 17 borrower's financial circumstances, or a significant decline in the value of the property securing 18 the HELOC, and who paid a Deferred Origination Fee as a result of the closure. 19

5. The requirements of Rule 23(a) and (b)(3) have been satisfied for settlement 20 purposes. The Settlement Class is so numerous that joinder of all members is impracticable, 21 there are questions of law or fact common to the Settlement Class, the claims of the Plaintiffs are 22 typical of the claims of the Settlement Class, the Plaintiffs will fairly and adequately protect the 23 interests of the Settlement Class, and the questions of law or fact common to Settlement Class 24 members predominate over any questions affecting only individual members. 25

Counsel is hereby confirmed: 27

Jay Edelson, Esq.

Steven L. Woodrow, Esq. 28

a. The "Financial Circumstances Class":

All persons in the United States from January 1, 2008 to June 30, 2011 whose Wells 5

b. The "Property Value Class":

All persons in the United States from July 1, 2008 to June 30, 2011 whose Wells Fargo 10

c. The "Former Customer Class":

All persons in the United States from January 1, 2008 to June 30, 2011 who closed their 15

6. The preliminary appointment of the following attorneys as Settlement Class 26

Evan M. Meyers, Esq. 1

Edelson McGuire LLC 350 North LaSalle Street, Suite 1300 2

Chicago, Illinois 60654 3

7. Settlement Class Counsel are experienced in class litigation, including litigation 4 of similar claims in other cases, and have fairly and adequately represented the interests of the 5

8. The Underlying Class Actions are hereby dismissed with prejudice. This 7 dismissal with prejudice shall not allow the Parties or any members of the Settlement Class to 8 litigate or otherwise reopen issues resolved by this judgment, or included within the Released 9

Settlement Class. 6

Claims. This judgment has been entered without any admission by Defendant of liability or as to 10 the merits of any of the allegations in the underlying complaints. 11

HELOCs were suspended or reduced based upon either a material adverse change in financial 13 circumstances or a decline in the equity cushion caused by a decline in the value of the property 14 securing the HELOC, Wells Fargo is directed to proactively consider borrowers for reinstatement 15 of said HELOCs. Wells Fargo is directed to conduct 4 rounds of such proactive reinstatements 16 during the 12-month period. 17

Automated Valuation Model to value its borrowers' homes serving as security for their respective 19

11. Defendant has implemented changes to is policies and procedures for restricting HELOCs based upon either a material adverse change in financial circumstances or a decline in the 22 equity cushion caused by a decline in the value of the property securing the HELOCs that are 23 beneficial to customers. For a 12-month period following this Order, Defendant is directed not to 24 make any material changes to its existing policies and procedures for restricting HELOCs based 25 upon either a material adverse change in financial circumstances or a decline in the equity cushion 26 caused by a decline in the value of the property securing the HELOC, unless such changes are 27 beneficial to borrowers.

9. For a 12-month period following this Order, for Settlement Class Members whose 12

10. For a 12-month period following this Order, Defendant is directed not to use an 18

HELOCs that is older than 90 days in connection with any decision to restrict HELOCs. 20

12. Defendant has implemented changes to is policies and procedures for reinstating 2 borrowers whose HELOCs were restricted based upon either a material adverse change in financial 3 circumstances or a decline in the equity cushion caused by a decline in the value of the property 4 securing the HELOC that are beneficial to customers. For a 12-month period following this Order, 5

Wells Fargo also agrees not to make any material changes to its existing policies and procedures for 6 reinstating borrowers whose HELOCs were restricted based upon either a material adverse change 7 in financial circumstances or a decline in the equity cushion caused by a decline in the value of the 8 property securing the HELOC, whether reinstatement is considered proactively or based upon the 9 borrower's request, unless such changes are beneficial to borrowers. 10

13. For a 12-month period following this Order, Defendant is directed to send 11 borrowers whose accounts were restricted based upon a decline in the equity cushion caused by a 12 decline in the value of the property securing the HELOC, who then request additional 13 information about the restriction or reinstatement of their accounts, a letter substantially in the 14 form attached as Exhibit 3 to the Settlement Agreement. Defendant is also directed to modify the 15 letter that it uses to notify borrowers that their HELOCs have been restricted to specifically 16 disclose the borrowers' ability to request such additional information. 17

14. Nothing in this Order shall be construed to preclude Wells Fargo from changing 18 the factors it considers or the manner in which it analyzes the risk of default on HELOC 19 accounts, or in determining whether there has been a significant decline in the equity cushion, 20 provided that Wells Fargo continues to comply with its current written policies and procedures 21 and applicable law. 22

Class Members, who have submitted valid claim forms, no later than 60 days after the Effective 24

16. Upon the Effective Date, Plaintiffs, and every Settlement Class Member, shall be 26 deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, 27 relinquished and discharged all Released Claims against the Released Parties. 28

15. The Parties are directed to distribute the $150 cash payment to Former Customer

a. As used in this Order, "Released Claims" means all claims (including

"Unknown Claims" as defined below), demands, rights, liabilities or causes of action, in law or in 3 equity, accrued or unaccrued, fixed or contingent, direct, individual or representative, of every 4 nature and description whatsoever, whether based on federal, state, local, statutory or common 5 law or any other law, rule or regulation, against the Released Parties, or any of them, arising from 6 the beginning of time to January 25, 2012, relating to Wells Fargo's HELOC treatment policies, 7 systems, standards and procedures, including without limitation, its HELOC account restrictions, 8 credit limit reductions, and reinstatement standards, processes and policies that were or could 9 have been alleged in the Complaint, including those belonging to Plaintiffs and the Releasing 10

b. As used in this Order, the "Releasing Parties" shall mean Plaintiffs and Settlement Class Members (except a member of the Settlement Class who has obtained proper 13 and timely exclusion from the Settlement Class pursuant to Section 6.1 of the Settlement 14

Agreement and Paragraph 1 above), including their present or past heirs, executors, estates, 15 authorized users, guarantors, administrators, predecessors, successors, assigns, parents, 16 subsidiaries, associates, affiliates, employers, employees, agents, consultants, insurers, directors, 17 managing directors, officers, partners, principals, members, attorneys, accountants, financial and 18 other advisors, investment bankers, underwriters, lenders, and each of their affiliates' present or 19 past heirs, executors, estates, administrators, predecessors, successors, assigns, parents, 20 subsidiaries, associates, affiliates, employers, employees, agents, consultants, insurers, directors, 21 managing directors, officers, partners, principals, members, attorneys, accountants, financial and 22 other advisors, investment bankers, underwriters, lenders and any other representatives of any of 23 these Persons and entities. 24

25 all of its present or past heirs, executors, estates, administrators, predecessors, successors, assigns, 26 parents, divisions, subsidiaries, associates, affiliates, representatives, employees, agents, 27 consultants, insurers, directors, committees, managing directors, officers, partners, principals, 28

Parties.

c. As used in this Order, the "Released Parties" means Wells Fargo and any and members, attorneys, accountants, financial and other advisors, investment bankers, underwriters, 2 shareholders, lenders, auditors, investment advisors, legal representatives, successors in interest, 3 assigns and Persons, firms, trusts, trustees, corporations, officers, directors, other individuals or 4 entities in which Wells Fargo Bank, N.A. has a controlling interest or which is related to or 5 affiliated with any of them or any other representatives of any of these Persons and entities 6 including each of their affiliates' present or past heirs, executors, estates, administrators, 7 predecessors, successors, assigns, parents, subsidiaries, associates, affiliates, employers, employees, 8 agents, consultants, insurers, directors, managing directors, officers, partners, principals, members, 9 attorneys, accountants, financial and other advisors, investment bankers, underwriters, 10 shareholders, lenders, auditors, investment advisors, legal representatives, successors in interest, 11 assigns and Persons, firms, trusts, corporations, officers, and directors. 12

17. The Court awards to Class Counsel $1,470,000.00 as reasonable attorneys' fees and 13 costs. The Court finds this amount to be reasonable in that it represents a multiplier of 1.07. When 14

Class Counsel's reimbursable expenses of $37,463.57 are subtracted from the $1,470,000 figure, 15 the resulting "fees" equal $1,432,536.43. A multiplier of approximately 1.07 is thus required to be 16 applied to equal the fees awarded. Class Counsel provided the Court with documentation and sworn 17 declarations supporting a lodestar of $1,339,050. Specifically, Class Counsel expended 2,944.10 18 hours in investigating, litigating, and resolving this case. Additionally, Class Counsel identified 19 each attorney working on the case and his or her corresponding billable rate. The Court finds the 20 rates charged to be appropriate and reasonable and that the hourly rates are in line with comparable 21 market rates. The Court finds the hours expended to be reasonable when compared with the time 22 and effort put forth by Class Counsel in investigating, litigating, and resolving this case, as well as 23 in light of the results achieved for the Settlement Class. Accordingly, the fee award of $1,470,000 is 24 reasonable when achieved by enhancing the lodestar of $1,339,050 by 1.07 multiplier and adding 25 $37,643.57 in costs incurred by Class Counsel. The Court additionally finds this amount fair and 26 reasonable based upon a percentage of recovery cross check. According to Plaintiffs' expert's 27 calculations, the fee award represents between 14.38% and 16.1% of the minimal class recovery. In 28 light of a 25% "benchmark" established in this Circuit, the fee award well below the benchmark is 2 fair and reasonable. 3

18. Defendant shall pay the Fee Award pursuant to and in the manner provided by the 4 terms of the Settlement Agreement. 5

19. The Court awards an Incentive Award in the collective amount of $30,000.00 for the 6 named Plaintiffs' roles as Class Representatives for taking on the risks of litigation and helping 7 achieve the results to be made available to the Settlement Class as follows: $6,000 to Marika 8

Hamilton, $6,000 to Michael Hickman, $6,000 to Jeffery Yellin, $6,000 to Ellen Yellin, and $6,000 9 to Brendan O'Leary. Such payments shall be made pursuant to and in the manner provided by the 10 terms of the Settlement Agreement. 11

20. "Unknown Claims" means claims that could have been raised in these Actions, and 12 that the Plaintiffs or any or all other Persons and entities whose claims are being released, or any of 13 them, do not know or suspect to exist, which, if known by him, her or it, might have affected his, 14 her or its decision to accept this agreement to release the Released Parties or the Released Claims or 15 might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the 16

Effective Date, Plaintiffs and all other Persons and entities whose claims are being released shall be 17 deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted 18 by law, the provisions, rights and benefits of § 1542 of the California Civil Code, which provides as 19 follows: 20

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN 22

BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 23

21. Upon the Effective Date, Plaintiffs and all other Persons and entities whose claims 24 are being released, also shall be deemed to have, and shall have, waived any and all provisions, 25 rights and benefits conferred by any law of any state or territory of the United States, or principle of 26 common law, or the law of any jurisdiction outside of the United States, which is similar, 27 comparable or equivalent to § 1542 of the California Civil Code. Plaintiffs acknowledge that they

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE may discover facts in addition to or different from those that they now know or believe to be true 2 with respect to the subject matter of this release or the law applicable to such claims may change, 3 but that it is their intention to finally and forever to settle and release the Released Claims, 4 notwithstanding any Unknown Claims they may have, as that term is defined in this Paragraph. 5

22. Whether or not the Effective Date occurs or this Agreement is terminated, neither 6 this Agreement, nor any act performed or document executed pursuant to or in furtherance thereof: Released Claims, the truth of any fact alleged by the Plaintiffs, the deficiency of any defense that 10 has been or could have been asserted in the Litigation, or of any alleged wrongdoing, liability, 11 negligence, or fault of the Released Parties, or any of them; 12

13 as an admission, concession or evidence of, any fault, misrepresentation or omission with respect to 14 any statement or written document approved or made by the Released Parties; 15

16 the Class, or each or any of them, as an admission, concession or evidence of, the infirmity or 17 strength of any claims raised in the Actions, the truth or falsity of any fact alleged by Wells Fargo, 18 or the availability or lack of availability of meritorious defenses to the claims raised in the 19

d. Is, may be deemed, or shall be used, offered or received against the Released

Parties, or each or any of them, as an admission or concession with respect to any liability, 22 negligence, fault or wrongdoing as against any Parties, in any civil, criminal or administrative 23 proceeding in any court, administrative agency or other tribunal. However, the Agreement, and any 24 acts performed and/or documents executed in furtherance of or pursuant to this Agreement may be 25 used in any proceedings as may be necessary to effectuate the provisions of this Agreement. 26

However, if this Agreement is approved by the Court, any Party or any of the Released Parties may 27 file this Agreement and/or the Judgment in any action that may be brought against such Party or 28

[PROPOSED] FINAL APPROVAL 11 CASE NO. 09-cv-4152-CW ORDER

a. Is, may be deemed, or shall be used, offered or received against the Released Parties, or each or any of them, as an admission, concession or evidence of, the validity of any

b. Is, may be deemed, or shall be used, offered or received against Wells Fargo,

c. Is, may be deemed, or shall be used, offered or received against Plaintiff or Litigation; 20

Parties in order to support a defense or counterclaim based on principles of res judicata, collateral 2 estoppel, release, good faith settlement, judgment bar or reduction or any other theory of claim 3 preclusion or issue preclusion or similar defense or counterclaim in this Action; 4

e. Is, may be deemed, or shall be construed against Plaintiffs and the Classes, or

5 each or any of them, or against the Released Parties, or each or any of them, as an admission or 6 concession that the consideration to be given hereunder represents an amount equal to, less than or 7 greater than that amount that could have or would have been recovered after trial; and 8

f. Is, may be deemed, or shall be construed as or received in evidence as an admission or concession against Plaintiffs and the Classes, or each and any of them, or against the 10

Released Parties, or each or any of them, that any of Plaintiffs' claims are with or without merit or 11 that damages recoverable in the Actions would have exceeded or would have been less than any 12 particular amount. 13

23. The Court shall retain jurisdiction with respect to implementation and enforcement 14 of the terms of this Agreement, and all Parties hereto submit to the jurisdiction of the Court for 15 purposes of implementing and enforcing this Agreement. 16

24. The Objections filed by Jon and Judith Craig and Kevin and Leona Joseph, having 17 been heard and considered, are hereby overruled. 18

25. Based upon the Court's finding that there is no just reason for delay of 19 enforcement or appeal of this Order notwithstanding the Court's retention of jurisdiction to 20 oversee implementation and enforcement of the Settlement Agreement, the Court directs the 21

IT IS SO ORDERED, this ______ day of _______________, 2012. 23

Clerk to enter final judgment pursuant to Federal Rule of Civil Procedure 54(b). 22

Enter:

United States District Court Judge

ADDENDUM A

TIMELY EXCLUSIONS

NAME ADDRESS

AKHTAR, IMRAN WOODBRIDGE, VA 4

ALLEN, FRANCES AMELIA NORCROSS, GA ALLEN, ROBERT D AND NELL GENEVA SURPRISE, AZ 6

AMARAL, JOSEPH JR AND DENISE UNION CITY, CA 8

ARCHULETTA, LYNN B LOVELAND, CO 10

BABU, ANTONY R SAN RAMON, CA 12

BAILEY, RICHARD DONALD AND KATHLEEN RIVERSIDE, CA 14

BARTHOLOMEW, CHARLES JR ALLENTOWN, PA BELL, ANGELA A ELLENDALE, MN 16

BERTRAM, DAVID R AND HEIDI WILKES BARRE, PA BEW, RICHARD T LA JOLLA, CA 18

BOCANEGRA, SALMA SOMERS POINT, NJ BOCKMAN, LYLE B DENVER, CO 20

BORGER, JAMES W AND MARY M GLENSIDE, PA 22

BROWN, TRAVIS L SACRAMENTO, CA 24

BYRD, JOHNNY AND BRENDA LAKESIDE, CA 26

CAMBRON, ROBERT PALMER, AK 28

ORDER

ALBANO, MARK J WILBRAHAM, MA 5

ALVARENGA, SANDRA A EVERETT, MA 7

ANDREWS, HARRISON L PEORIA, AZ ANDREWS, KELLY ANN PEORIA, AZ 9

ARMSTRONG, LARRY CHICO, CA AVIEL, SIMON D SAN MATEO, CA 11

BACKLUND, CARL SCOTT BREA, CA BAILEY, JOSEPH L AND BENNETT, NANCY L CHAMBLEE, GA 13

BARNES, CHRIS WEST HARTFORD, CT 15

BENNETT, ANTHONY WEST PALM BEACH, FL 17

BIGALBAL, JOHN R LEESBURG, VA 19

BOOL, RICHARD A TUCSON, AZ 21

BROKASKI, FREDERICK W AND PAULINE C GOLETA, CA BROWN, HENRY L FLORENCE, SC 23

BRUNER, DEAN T AND LEWIS CAROLYN A KISSIMMEE, FL BULLIS, LENA V STRONGSVILLE, OH 25

CABELLO, APRIL L CALDWELL, ID CABELLO, MARTY J CALDWELL, ID 27

CARBONE, JOHN ALLENWOOD, NJ 3

CECHINI, DANIEL J AND SUSAN K MORRISON, CO 5

CHAFEE, VELERIE MASTEN RICHMOND, VA CHANDLER, LISBETH A HERNDON, VA 7

CHARIVUKALAYIL, MATHEW THOMAS AND CHELTENHAM, PA MATHEW, LALITHA 9

CHINYE, EZIAFA N MIRAMAR, FL COLLINS, PAMELA W ATLANTA, GA 11

COOPER, HUGH L AND NANCY D VISTA, CA

COOPER, ROBERT SHERMAN OAKS, CA 13

CRATER, BARBARA S RICEVILLE, TN CRAWFORD, BILLY D AND GAIL C BARTOW, FL 15

DANEVICH, MICHELE A GILBERT, AZ 17

DIVIRIGILO, NICHOLAS A HIGHLAND MILLS, GA 19

ESCALANTA, RICHARD RCH CUCAMONGA, CA 21

FAIRCHILD, LAIRD A SOUTHLAKE, TX FARMER, JOHN L MORROW, GA 22

FLOISAND, DAVID K FARMINGTON, UT 24

GEYER, JUDY ANN CAPE CORAL, FL 26

GRIGEL, ANN E HAMEL, MN 28

ORDER

NAME ADDRESS

CAPELL, ZACHARY D BEND, OR 2

CARTER, JOSEPHINE J SARASOTA, FL CASTILLO, DAVID E AND SARAH H CARMEL VALLEY, CA 4

CELLA, MARY B COMMERCE CITY, CO 6

CHANDY, MATHEWS P LAWRENCEVILLE, GA 8

CHASSE, MARKE E PORTLAND, OR 10

CONNOLLY, THOMAS T LAS VEGAS, NV 12

COPPENBARGER, GARY SCOTT NAPLES, FL 14

CROCKRELL, CHARLES BROWNS MILLS, NJ 16

DE LEO, GLORIA J SAN DIEGO, CA DICKIE, JOHN VIRGINIA BEACH, VA 18

DYER, STEVAN FT LAUDERDALE, FL EASTMAN, BRENT MICHAEL GAITHERSBURG, MD 20

FERRIS, SAM SAN JOSE, CA 23

FOGLEMAN, LINDA H LIBERTY, NC GALLAGHER, DOLORES A KENT, OH 25

GOLDSTEIN, COREY SAN DIEGO, CA GRAVES, RICHARD M PRESCOTT, AZ 27

GUARDABASCIO, JOSEPH F JR CLEARWATER, FL 3

HARRIS, RONALD C NEWBURY PARK, CA 5

HECKERT, BERNICE SAVANNAH, GA HEDGCOTH, JOHN R MESA, AZ 7

HERNANDEZ, RAFAEL A BAY POINT, CA HICKS, KENNETH L AND ARLENE CUMMING, GA 9

HOFFMAN, JOSHUA A WARRENTON, VA HOHN, PAULA DENVER, CO 11

HUGHES, TERENCE M AND SUSAN M PEABODY, MA 13

ISHMAL GREEN, VELMA P COLUMBIA, SC 15

JINDELL, AYAD AND LEILA RANCHO PALOS VERDES, CA 17

JOHNSON, RODNEY H PEORIA, AZ 19

JONES, RANDY AND CATHERINE T CARLSBAD, CA KAFF, DERREK B AND PATRICIA L ROSEVILLE, CA 21

KITTLESON, SCOTT S AND KATHY L COON RAPIDS, MN KJOLHAUG, ANDREW J ROSEMOUNT, MN 23

KOOPMAN, THELMA L SEBASTIAN, FL KRABILL, LAURA E RALEIGH, NC 25

KRUTCIK, JAMES MISSION VIEJO, CA 27

KRUTCIK, SUSAN MISSION VIEJO, CA KUCERA, CHRISTOPHER PLAINFIELD, IL 28

ORDER

NAME ADDRESS

GRINNELL, ROBERT D AND SUSAN A HENDERSON, NV 2

HAAS, EDWARD L AND MARYANN PONTE VEDRA BEACH, FL HANIS, CHRISTINA R SWEDESBORO, NJ 4

HEBEIN, JOSEPH SUNRISE, FL 6

HELLEGERS, GORDON NORTH SAN JUAN, CA 8

HILL, PATRICIA LILIANA MONTAGUE, NJ 10

HOLLMANN, GEMMA B SAN DIEGO, CA 12

IACABUCCI, JAMES MIAMI BEACH, FL IBSEN, DIANNE TOLLESON, AZ 14

JANKOWIAK, KENNETH A AND MARY J KILLEN, AL JAY, RUTH OZONA, FL 16

JOHNSEN, ROY S AND VIRGINIA M STUART, FL JOHNSON, DIANA J PALM BEACH, FL 18

JOHNSON, TODD C ALLENTOWN, PA 20

KIRKPATRICK, THOMAS SIMI VALLEY, CA 22

KNOEBEL, ROBERT S NYACK, NY 24

KRAMER, BARBARA KENNETH CITY, FL 26

LAMORTE, ROBERT C AND MARILYN S HENDERSON, NV 3

LATOUR, JASON SAINT HELENS, OR 5

LEMMON, LEX R TUCSON, AZ LEONE, JOHN J SAN DIEGO, CA 7

LERYNE, DAVID H AND GONZALEZ, MIAMI LAKES, FL CARIDAD M 8

LORENCE, HARRIET CENETENNIAL, CO 10

LYNONS, HUGH G AND DOREEN LAKE MARY, FL 12

MANNING, CARY P NAVARRE, FL 14

MAPES, KATHLEEN TUCSON, AZ MARICIC, NICK J MURRIETA, CA 15

MARTINEZ, GINA C MANTECA, CA 17

MAUER ELLIOTT, LISA N MINNEAPOLIS, MN 19

MCKAY, ROBERT B EASTFORD, CT 21

MEADOR, THOMAS C AND ELLEN HEPBURN EL CAJON, CA MERRILL, FRANK E JONESBORO, GA 22

MONEYHAN, LINDEL MIDDLEBURG, FL 24

MOORE, EDWIN NEAL RENO, NV 26

MOSHAVA, EDESSA WINNETKA, CA 28

ORDER

NAME ADDRESS

LAMBERT, JEFFREY D SURPRISE, AZ 2

LARSON, SCOTT D DICKINSON, ND LATCH, NANCY V TREVOSE, PA 4

LAVOIE, RAYMOND M AND THRESA P LAMOILLE, NV 6

LIEBEL, NANCY PENFIELD, NY 9

LOVETT, TERRENCE PHILADELPHIA, PA LUNDELL, MARGARET I FARGO, ND 11

MACLENNAN, LINDA LOUIS SIMI VALLEY, CA MAJORS, JEFFREY BOISE, ID 13

MARTIN, TITUS W KIRKWOOD, PA 16

MATHENY, MARTIN SAINT CROIX FALLS, WI MAUER ELLIOTT, ADAM C MINNEAPOLIS, MN 18

MAZZIE, KEN J PALM COAST, FL MCCLURE, YVONNE C VENETIA, PA 20

MIRANDA, CARLOS A BURKE, VA 23

MONFREDI, ANTHONY J AND MARY J SCHNECKSVILLE, PA MONTELONGO, EDWARD MOORPARK, CA 25

MORRIS, GREGORY ALPHARETTA, GA MORRISON, MICHAEL W BOISE, ID 27

NEER, KRISTEN F FARMINGTON, NM 3

NOWAKOWSKI, THOMAS E JR NEW HOPE, PA 5

OESER, CYNTHIA F YUBA CITY, CA OLDHAM, WILLIAM SALMON, ID 7

PALMER, DAVID D ROCKVILLE, MD PARKER, ZANE W BURLEY, ID 9

PAYNE, TIMOTHY J YORK, SC PERRY, KEITH D ROSEVILLE, CA 11

PETERSEN,KAREN L LINCOLN, NE 13

PHILLIPS, DAVID E LAWRENCEVILLE, GA 15

PICCICACCO, HUGO AND JEAN PORT CHARLOTTE, FL 17

RANZOLA, VICTOR MIAMI, FL 19

RECCHIA, CAROL SAINT CLAIR SHORES, MI RICHARDS, MICHAEL E LONGWOOD, FL 21

ROBERTS, ADRIAN O AND SANDRA PHOENIX, AZ ROBINSON, COLLEEN A SAN RAMON, CA 23

ROMERO, ARIEL HIALEAH, FL ROSSELLI, MARLENE THOUSAND OAKS, CA 25

ROWE, PAUL L SAN FRANCISCO, CA 27

RUSSO, JOHN D SARASOTA, FL SAIA, CHRISTOPHE H MIAMI SHORES, FL 28

ORDER

NAME ADDRESS

MUNIER, NICOLE A WATERBURY, CT 2

NELSON, JENNIFER A DENVER, CO NICHOLS, STEPHEN B SHALIMAR, FL 4

NYQUIST, SHERYL COTTAGE GROVE, MN 6

OLIVER, EULALIA A BALTIMORE, MD 8

PAYNE, LINDA MAY TOMS RIVER, NJ 10

PESOLA, BRUCE MARQUETTE, MI 12

PETERSON, JAMES M MARIETTA, GA PEZZI, LAURA ROSEVILLE, CA 14

PHILLIPS, JAMES S AND JULIA A LAKEWOOD, CO PHILLIPS, JOANNE WHITTIER, CA 16

POYNS, RICHARD C SUMMERVILLE, SC PRETE, ANTHONY J AND JEAN ELIZABETH SAINT JOHNS, FL 18

RASCHKE, WILLIAM AND JANET DEL MAR, CA 20

RIVERA, RECHELLE PHILADELPHIA, PA 22

RODGERS, A RANDALL FARMINGTON, NM 24

ROTHSCHILD, JAMES A WILTON, CT 26

SANTORUM, JACOB DOVER PLAINS, NY 3

SCHNEIDER, WILLIAM J GREELEY, CO 5

SCOTT, THOMAS E MAPLE GROVE, MN SEARLE, CHUCK PRAIRIE VILLAGE, KS 7

SHELTON, LOIS A STOUCHSBURG, PA SILVA, RAYMOND J AND MARGIE A SUN CITY, CA 9

SMALLING, JAMES D LAKEWOOD, CA SMITH, CAROL L AND SHARON RUTH MARYSVILLE, CA 11

SONGSTAD, JOSHUA E ARLINGTON, WA 13

SUBRAMANI, KARTHIK LIVERMORE, CA 15

SWEENEY, ROBERT A AND MERYL M SAN JUAN CAPO, CA 17

TINGLE, GARY HOLIDAY, FL 19

TRAYLOR, NAN M MANASSAS, VA TURNER, ROBERT H BOCA RATON, FL 21

VASTA, DAVID RALEIGH, NC VEITZER, SETH A ERIE, CO 23

VINCI, MARY ANN SUN CITY CENTER, FL VINSON, ANTHONY R AND VINCON, TRACI OCEANSIDE, CA 25

WALKER, MICHAEL T NORTH AUGUSTA, SC 27

WALTON, FREDERICK G PLEASANT GROVE, AL WAYNE DYE, LONNIE MOORESVILLE, NC 28

ORDER

NAME ADDRESS

SANDVALL, ERIC BEND, OR 2

SARRIS, JOSEPH A TARPON SPRINGS, FL SAUNDERS, BEN M BURLINGTON, NC 4

SCHORTEMEYER, JOHN PORT CHARLOTTE, FL 6

SHAFFER, JOHN R RED LION, PA 8

SIMON, HOWARD WESTON, CT 10

SOMMERFIELD, ROGER C AND JANICE M ZUMBROTA, MN 12

SPROUSE, JUDITH MABLETON, GA STINSON, LOUELLA L VESTAVIA, AL 14

SURMACZ, ANDRZEJ LAS VEGAS, NV SURRENCY, TONY E LUMBERTON, NJ 16

TAAFFE, LINDA C GAINESVILLE, GA TAUSER, TED C HAZELWOOD, MO 18

TOWNSEND, GREGORY K CANTON, GA 20

VANDERBOGART, DAVID BOOTON, NJ 22

VILLARS, TERRY W AND DEBORAH PHOENIX, AZ 24

WAITMAN, DONALD C AND KRISTE A PHOENIX, AZ 26

WEBBER, JAMES SCOTT REDDING, CA 3

WESSEL, GREG L WILMINGTON, NC 5

WHITLOW, RICHARD D CORONA, CA WILKS, CLIFTON D AND MARY C LOCUST GROVE, VA 7

WILLIAMS, KAREN SAN MATEO, CA WILLIAMS, REENA SHARON CAMPBELL, CA 9

WILTBERGER, ARLENE SAN CARLOS, CA WONG, BRANT CONCORD, CA 11

ZIELINSKI, THOMAS W GRAYSLAKE, IL 13

14 15

GUTIERREZ, PAUL ALBUQUERQUE, NM 17 18 19 20 21 22 23 24 25 26 27 28

ORDER

NAME ADDRESS

WEATHERLEY, HOWARD L RICHARDSVILLE, VA 2

WEBER, MARK A WEST HILLS, CA WEIKEL, JOANNE M STERLING, VA 4

WHITLOW, KATHERINE I CORONA, CA 6

WILLIAMS, BRANT G JUPITER, FL 8

WILSON, RODNEY A TACOMA, WA 10

YAP, ADONIS AND SUSAN M DIGANGI TRACY, CA 12

UNTIMELY EXCLUSIONS

NAME ADDRESS

CATES, RONALD LOS ANGELES, CA 16

20120514

© 1992-2012 VersusLaw Inc.



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