Opinion
Case No.: 2-12-cv-00420-GEB-DAD
02-11-2013
ELIZABETH PASSANTINO-MILLER, individually and as trustee of the Miller Family Trust, JAMES R. MILLER, individually and as trustee of the Miller Family Trust, and the MILLER FAMILY TRUST, on behalf of themselves, on behalf of the Classes, and on behalf of the general public, Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant.
SEVERSON & WERSON A Professional Corporation Michael G. Cross Attorneys for Defendants WELLS FARGO BANK, N.A. NICHOLS KASTER, LLP Matthew C. Helland Attorneys for Plaintiffs ELIZABETH PASSANTINO-MILLER, JAMES R. MILLER AND THE MILLER FAMILY TRUST
Matthew C. Helland, CA State Bar No. 250451
Helland@nka.com
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: (415) 277-7235
Facsimile: (415) 277-7238
Paul J. Lukas, MN State Bar No. 22084X
(admitted pro hac vice)
lukas@nka.com
Kai H. Richter, MN State Bar No. 0296545
(admitted pro hac vice)
krichter@nka.com
Adam Hansen, CA State Bar No. 264241
ahansen@nka.com
NICHOLS KASTER, PLLP
4600 IDS Center, 80 South Eight St.
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 215-6870
Attorneys for Plaintiffs and the Proposed Classes
Additional Counsel on Following Page
JOINT STIPULATION TO EXTEND CLASS
CERTIFICATION DEADLINE; AND
[PROPOSED] ORDER
MICHAEL J. STEINER (State Bar No. 112907)
mjs@severson.com
MARK D. LONERGAN (State Bar No. 143622)
mdl@severson.com
MICHAEL G. CROSS (State Bar No. 268999)
mgc@severson.com
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendant
WELLS FARGO BANK, N.A.
Subject to the approval of the Court, Plaintiffs Elizabeth Passantino-Miller, James R. Miller and the Miller Family Trust ("Plaintiffs"), and Defendants Wells Fargo Bank, N.A. ("Wells Fargo") (collectively, the "Parties"), file this Joint Stipulation To Extend the Class Certification Deadline in the above-captioned matter.
WHEREAS, on June 5, 2012, the Court entered a Pretrial Scheduling Order (ECF No. 27) in this matter; and
WHEREAS, on April 16, 2012, Wells Fargo filed a Motion to Dismiss Plaintiffs' Complaint; and
WHEREAS, on May 3, 2012, Plaintiffs filed a First Amended Complaint in response to Wells Fargo's Motion to Dismiss; and
WHEREAS, Wells Fargo filed a Motion to Dismiss Plaintiffs' First Amended Complaint, which was originally scheduled to be heard on August 13, 2012; and
WHEREAS, on August 9, 2012, the Court rescheduled the hearing on Wells Fargo's Motion to Dismiss Plaintiffs' First Amended Complaint for September 10, 2012; and
WHEREAS, on August 31, 2012, the Parties filed a stipulation requesting that the Court take Wells Fargo's motion off the calendar and allow Plaintiffs to file a Second Amended Complaint, based on informal discovery shared between the parties (ECF No. 36); and
WHEREAS, by order dated August 31, 2012 (ECF No. 37), the Court vacated the hearing on Wells Fargo's Motion to Dismiss the First Amended Complaint and permitted Plaintiffs to file a Second Amended Complaint; and
WHEREAS, on October 30, 2012, Wells Fargo filed a Motion to Dismiss Plaintiffs' Second Amended Complaint and noticed the hearing on that motion for December 17, 2012; and
WHEREAS, by order dated January 3, 2013, the Court granted in part and denied in part Wells Fargo's Motion to Dismiss, and granted Plaintiffs leave to amend their complaint to cure the deficiencies in the dismissed claims (ECF No. 47); and
WHEREAS, on January 16, 2013, Plaintiffs filed an Unopposed Motion For Leave to File a Third Amended Complaint to Add American Security Insurance Company as a Defendant (ECF No. 48); and
WHEREAS, the Parties have been engaged in lengthy and in-depth meet and confer discussions on Wells Fargo's responses to Plaintiffs' discovery requests; and
WHEREAS, in October 2012, the parties were on the verge of bringing their discovery dispute to the Court for intervention, but were able to avoid doing so through additional meet and confer efforts; and
WHEREAS, Wells Fargo has been working to produce a substantial number of documents as a result of the Parties' meet and confer efforts, and anticipates that it will begin producing such documents on a rolling basis in the very near future; and
WHEREAS, the Parties believe they do not have enough time to complete the necessary discovery (including document production and depositions) in time for Plaintiffs to file their class certification motion by the current deadline, which is March 11, 2013; and
WHEREAS, Discovery is currently set to close on April 11, 2014; and
WHEREAS, the Parties believe they will still have enough time to complete discovery by the current deadline, even if the class certification deadline is moved; and
WHEREAS, the Parties have not previously requested a modification of the Pretrial Scheduling Order, and have not previously requested an extension of the class certification deadlines, but have requested the following extensions in this case:
• Stipulated extension of time for Plaintiffs to respond to Defendant's initial Motion to Dismiss and continuance of the hearing on that motion (ECF Nos. 20, 21)
• Stipulated extension of time for Defendant to respond to Plaintiffs' First Amended Complaint (ECF No. 24)
• Stipulation removing Motion to Dismiss First Amended Complaint from calendar, granting Plaintiff leave to file Second Amended Complaint, and granting Defendant 30 days to respond to Plaintiffs' Second Amended Complaint (ECF Nos. 36, 37)
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS:
1. Plaintiffs may have an additional 112 days to file their motion for class certification; and,
The Parties initially discussed requesting a 90 day extension. However, defense counsel was unavailable for the late August hearing dates.
2. This extension would result in the following deadlines: July 1, 2013: Deadline for Plaintiffs to file their Motion for Class Certification August 5, 2013: Deadline for Wells Fargo to file its Response in Opposition to Plaintiffs' Motion for Class Certification August 26, 2013: Deadline for Plaintiffs to file their Reply in Support of their Motion for Class Certification September 9, 2013, 9:00 a.m.: Hearing on Plaintiffs' Motion for Class Certification
SO STIPULATED AND AGREED TO:
SEVERSON & WERSON
A Professional Corporation
By: __________________
Michael G. Cross
Attorneys for Defendants
WELLS FARGO BANK, N.A.
NICHOLS KASTER, LLP
By: ______________
Matthew C. Helland
Attorneys for Plaintiffs
ELIZABETH PASSANTINO-MILLER, JAMES R.
MILLER AND THE MILLER FAMILY TRUST
[PROPOSED] ORDER
Pursuant to the joint stipulation of the parties, the court orders as follows:
The deadlines regarding Class Certification in the Pretrial Scheduling Order in this matter are modified as follows: July 1, 2013: Deadline for Plaintiffs to file their Motion for Class Certification August 5, 2013: Deadline for Wells Fargo to file its Response in Opposition to Plaintiffs' Motion for Class Certification August 26, 2013: Deadline for Plaintiffs to file their Reply in Support of their Motion for Class Certification September 9, 2013, 9:00 a.m.: Hearing on Plaintiffs' Motion for Class Certification All other deadlines in the Pretrial Scheduling Order remain the same.
IT IS SO ORDERED.
_______________________
GARLAND E. BURRELL, JR.
Senior United States District Judge