Opinion
CASE NO. 2:10-cv-01913-MCE-GGH
09-20-2011
BRENDAN O'LEARY, on behalf of himself and all others similarly situated, Plaintiff, v. WELLS FARGO BANK, N.A. and DOES 1 through 50, inclusive, Defendants.
Thomas J. Cunningham Daniel A. Solitro Attorneys for Defendant WELLS FARGO BANK, N.A. PATTERSON LAW GROUP James R. Patterson Attorneys for Plaintiff BRENDAN O'LEARY
LOCKE LORD BISSELL & LIDDELL LLP
Thomas J. Cunningham (SBN: 263729)
Daniel A. Solitro (SBN: 243908)
Attorneys for Defendant
WELLS FARGO BANK, N.A.
Hon. Morrison C. England, Jr.
STIPULATION TO TAKE HEARING ON MOTION TO DISMISS OFF CALENDAR AND
EXTEND TIME FOR PLAINTIFF TO RESPOND;ORDER
WHEREAS the hearing on Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss (ECF No. 14) was scheduled for September 6, 2011; and
WHEREAS the Parties have reached a putative nationwide class action settlement in principle of this case and other parallel cases pending in the Northern District of California and Northern District of Illinois;
WHEREAS the Parties are diligently working on documenting the settlement; and
WHEREAS Plaintiff Brendan O'Leary, after conferring with counsel for Defendant prior to the due date for his opposition to Wells Fargo's Motion to Dismiss, has not responded to the Motion to Dismiss due to the impending settlement;
WHEREAS, taking the Motion to Dismiss off calendar, to be re-noticed should the settlement not receive final approval for any reason, will maximize efficiency for the Parties and the Court; and
WHEREAS, should the settlement fall through and the Motion to Dismiss be re-noticed at a later date, the Parties agree that Plaintiff should be given an opportunity to respond to the Motion; and
WHEREAS, the Parties agree to keep this Court regularly apprised as to the status of the proposed settlement;
THEREFORE, IT IS STIPULATED by the Parties hereto, through their attorneys of record, pursuant to Local Rule 143, that:
(1) Defendant's Motion to Dismiss shall be vacated, with leave to re-notice the Motion should settlement fall through for any reason; and
(2) Plaintiff's deadline to respond to the Motion to Dismiss shall be extended to 14 days preceding any future hearing date noticed by Defendant.
IT IS SO STIPULATED.
LOCKE LORD BISSELL & LIDDELL LLP
Thomas J. Cunningham
Daniel A. Solitro
Attorneys for Defendant
WELLS FARGO BANK, N.A.
PATTERSON LAW GROUP
James R. Patterson
Attorneys for Plaintiff
BRENDAN O'LEARY
ORDER ON STIPULATION
Having considered the parties' stipulation and good cause appearing therefor, the Court orders as follows:
(1) Defendant's Motion to Dismiss (ECF No. 14) shall be vacated, with leave to re-notice the Motion should settlement fall through for any reason; and
(2) Plaintiff's deadline to respond to the Motion to Dismiss shall be extended to 14 days preceding any future hearing date noticed by Defendant.
The foregoing stipulation of the parties is hereby adopted and IT IS SO ORDERED.
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE