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Madeline Martin, On Behalf of Herself and v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO / OAKLAND DIVISION


February 5, 2013

MADELINE MARTIN, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
WELLS FARGO BANK, N.A.,
DEFENDANTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND ROPOSED]ORDER TO EXTEND PLFF'S TIME TO 1079087.1 RESPOND TO DEFT'S MOT. TO COMPEL ARBITRATION CASE NO. 3:12-CV-06030-SI STIP. [P

Plaintiff Madeline Martin ("Plaintiff") and defendant Wells Fargo Bank, N.A. ("Wells Fargo"), through their undersigned counsel, hereby stipulate as follows: 3 WHEREAS, on November 28, 2012, Plaintiff filed a Class Action Complaint (Dkt. No. 1); 5

WHEREAS, in response to Wells Fargo's request that Plaintiff provide Wells Fargo with 6 her identifying information to locate her records, Plaintiff voluntarily provided her Wells Fargo 7 account number and telephone number to Wells Fargo as a courtesy on December 4, 2012; 8 WHEREAS, on December 21, 2012, Plaintiff agreed to extend Wells Fargo's deadline to 9 answer or otherwise respond to the Class Action Complaint from December 26, 2012 until 10 January 18, 2013 (Dkt. No. 7); 11

WHEREAS , on January 18, 2013, Wells Fargo filed a motion to stay and dismiss this 12 action and compel Plaintiff to arbitrate her claims as an individual (Dkt. No. 19) ("Motion to 13 Compel Arbitration"); 14 WHEREAS, Wells Fargo's Motion to Compel Arbitration is based on records it gathered 15 using the telephone number that Plaintiff disclosed to it on December 4, 2012 and states, 16 specifically, that calls to the number were made in connection with a business account maintained 17 by Plaintiff containing an arbitration clause; 18 WHEREAS, on January 25, 2013, by letter, Plaintiff sought limited discovery from Wells Fargo in order to submit appropriate evidence to oppose Wells Fargo's motion to compel 20 arbitration and identified a cellular telephone number to which Plaintiff alleges that Wells Fargo 21 made automated calls; 22

WHEREAS, in an email dated January 30, 2013, Plaintiff clarified that the telephone number disclosed in the December 4, 2012 email was, in fact, not the cellular number at which 24 she allegedly received automated telephone calls, but was instead a landline number to which 25 Wells Fargo made automated calls; and 26

WHEREAS, on January 30, 2013, Wells Fargo advised Plaintiff that it drafted the Motion

27 to Compel Arbitration on the assumption that the number at issue was the number she had 28 disclosed in the December 4, 2012 email. S .

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff,

2 by their undersigned counsel, and Wells Fargo, by their undersigned counsel, that: 3

(1) Wells Fargo's Motion to Compel Arbitration shall be and hereby is withdrawn

4 without prejudice; 5

(2) Wells Fargo may file an answer, amended motion to compel arbitration, or other

6 response to the Class Action Complaint within 30 days of the Court's ruling on this Stipulation; 7

(3) In the event Plaintiff determines that certain arbitration-related discovery is

8 necessary after reviewing any amended motion to compel arbitration, she shall serve Wells Fargo 9 with her proposed discovery within three days after Wells Fargo files any such amended motion, 10 and Wells Fargo shall notify Plaintiff within seven days if it will stipulate to the proposed 11 discovery; 12

(4) If Wells Fargo stipulates to any or all of the proposed discovery, all briefing

13 deadlines shall be postponed 60 days to permit appropriate discovery, and all related hearing 14 dates shall be re-noticed accordingly; and 15

(5) If Wells Fargo does not so stipulate to the proposed discovery: (a) Plaintiff may

16 have up to 14 days to submit a motion seeking arbitration-related discovery, and (b) all briefing 17 deadlines will be postponed indefinitely until the Court rules on Plaintiff's request. 18

Dated: February 1, 2013 By: _/s/ Jonathan D. Selbin______________ Jonathan D. Selbin 19 20 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Jonathan D. Selbin (State Bar No. 170222) Email: jselbin@lchb.com Douglas Cuthbertson 21 Email: dcuthbertson@lchb.com (admitted pro hac vice) 250 Hudson Street, 8th Floor 22 New York, NY 10013 Telephone: (212) 355-9500 23 24 Facsimile: (212) 355-9592 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Daniel M. Hutchinson (State Bar No. 239458) Email: dhutchinson@lchb.com 275 Battery Street, 29th Floor 3 San Francisco, California 94111-3339 Telephone: (415) 956-1000 4 Facsimile: (415) 956-1008 5 MEYER WILSON CO., LPA Matthew R. Wilson (admitted pro hac vice) 6 Email: mwilson@meyerwilson.com 1320 Dublin Road, Ste. 100 7 Columbus, Ohio 43215 Telephone: (614) 224-6000 8 Facsimile: (614) 224-6066 9 HYDE & SWIGART Robert L. Hyde (State Bar No. 227183) 10 bob@westcostlitigation.com Joshua Swigart (State Bar No. 225557) 11 josh@westcoastlitigation.com 411 Camino Del Rio South, Suite 301 12 San Diego, CA 92108-3551 Telephone: (619) 233-7770 13 Facsimile: (619) 297-1022 14 KAZEROUNIAN LAW GROUP Abbas Kazerounian (State Bar No. 249203) 15 ak@kazlg.com S. Mohammad Kazerouni 16 mike@kazlg.com Assal Assassi (State Bar No. 252835) 17 assal@kazlg.com 2700 North Main Street, Suite 1000 18 Santa Ana, CA 92866 Telephone: (800) 400-6806 19 Facsimile: (800) 520-5523 20 Attorneys for Plaintiff Martin and the Proposed Class 21 Dated: February 1, 2013 By: _/s/ Kalama M. Lui-Kwan______________ Kalama M. Lui-Kwan 22 SEVERSON & WERSON 23 A Professional Corporation Mark D. Lonergan (State Bar No. 143622) 24 mdl@severson.com Kalama M. Lui-Kwan (State Bar No. 242121) 25 kml@severson.com One Embarcadero Center, Suite 2600 26 San Francisco, CA 94111 Telephone: (415) 398-3344 Fasimile: (415) 956-0439 SEVERSON & WERSON A Professional Corporation Eric J. Troutman (State Bar No. 229263) ejt@severson.com 3 The Atrium 19100 Von Karman Avenue, Suite 700 4 Irvine, CA 92612 Telephone: (949) 442-7110 5 Facsimile: (949) 442-7118 6 Attorneys for Defendant Wells Fargo Bank

ATTESTATION

I, Daniel Hutchinson, am the ECF user whose identification and password are being used

10 to file this Stipulation. I hereby attest that Kalama M. Lui-Kwan has concurred in this filing. 11

Daniel M. Hutchinson

Daniel M. Hutchinson

ORDER

16

Pursuant to Stipulation, it is so ORDERED.

20130205

© 1992-2013 VersusLaw Inc.



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