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Keith and Ying Forster, and Michelle Wilkinson, Individually and On Behalf of All Others Similarly Situated v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 28, 2012

KEITH AND YING FORSTER, AND MICHELLE WILKINSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
WELLS FARGO BANK, N.A., WELLS FARGO HOME MORTGAGE 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

ROBERT C. SCHUBERT (S.B.N. 62684) rschubert@schubertlawfirm.com 2 WILLEM F. JONCKHEER (S.B.N. 178748) wjonckheer@schubertlawfirm.com 3 MIRANDA P. KOLBE (S.B.N. 214392) mkolbe@schubertlawfirm.com 4 JASON A. PIKLER (S.B.N. 245722) jpikler@schubertlawfirm.com 5 SCHUBERT JONCKHEER & KOLBE LLP MARK D. LONERGAN (S.B.N. 143622) Three Embarcadero Center, Suite 1650 mdl@severson.com 6 San Francisco, California 94111 MICHAEL J. STEINER (S.B.N. 112079) Telephone: (415) 788-4220 mjs@severson.com 7 Facsimile: (415) 788-0161 KALAMA M. LUI-KWAN (S.B.N. 242121) kml@severson.com JEFFREY M. NORTON (Pro Hac Vice) JON D. IVES (S.B.N. 230582) jnorton@nfllp.com jdi@severson.com 9 NEWMAN FERRARA LLP SEVERSON & WERSON LLP 10 1250 Broadway, 27th Fl. One Embarcadero Center, Suite 2600 8 New York, NY 10001 San Francisco, CA 94111 Telephone: (212) 619-5400 Telephone: (415) 398-3344 K Facsimile: (212) 619-3090 Facsimile: (415) 956-0439 OLBE 11 Three Embarcadero Center, Suite 1650 12 ONCKHEER San Francisco, CA 94111 &4220 13 Counsel for Plaintiffs Counsel for Defendant Wells Fargo Bank, N.A. (sued also as Wells Fargo Home Mortgage (415) 788 - 14 d/b/a America's Servicing Company) CHUBERT

PARTIES' JOINT STATUS REPORT ON MEDIATION; STIPULATION AND [PROPOSED] ORDER TO CONTINUE STAY

Pursuant to the Court's June 27, 2012 Order to Stay the Case Pending Mediation (Dkt. No. 44), Plaintiffs and Defendant Wells Fargo Bank, N.A. ("Wells Fargo"), through their 3 respective counsel, submit the following status report on (1) the parties' efforts to resolve the case 4 through private mediation and (2) the continued propriety of the stay:

On August 29, 2012, the Parties attended a mediation at JAMS with the Honorable Edward A. Infante. Although the parties did not reach a settlement on that date, they agreed to 7 continue working through Judge Infante on developing a possible framework for settlement. The 8 Parties had follow up conference calls with Judge Infante on September 24 towards that end. The 9 Parties have also agreed to exchange certain additional documents and materials for settlement LLP 10 purposes. After the Parties have exchanged and analyzed this additional information, they will OLBE 11 K

Three Embarcadero Center, Suite 1650 engage in another mediation with Judge Infante. & 12

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and ONCKHEER San Francisco, CA 94111 220 -

between the parties, through their counsel of record, subject to the Court's approval, that (a) the (415) 788 14 entire action shall remain stayed; and (b) the parties will submit an additional report on the status of the mediation and the continued propriety of the stay by November 27, 2012 [60 days], that will include a proposed Scheduling Order to set forth revised case deadlines, if needed.

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. 19 20

Dated: September 28, 2012 SCHUBERT JONCKHEER & KOLBE LLP By: /s/Jason A. Pikler Jason A. Pikler Counsel for Plaintiffs

[PROPOSED] ORDER

Pursuant to stipulation, and good cause appearing, IT IS SO ORDERED:

1. The entire action shall remain stayed; and

2. The parties shall submit a report on the status of the mediation and the continued propriety of the stay by November 27, 2012 [60 days], that will include a proposed Scheduling Order to set forth revised case deadlines, if needed.

September Ordered this ______ day of 28TH _____, 2012 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111

20120928

© 1992-2012 VersusLaw Inc.



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