Callv.Wells Fargo & Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISIONJan 5, 2012
Case No. 11-CV-5215-CW (N.D. Cal. Jan. 5, 2012)

Case No. 11-CV-5215-CW

01-05-2012

DANIEL CALL, on behalf of himself and all others similarly situated, Plaintiff, v. WELLS FARGO & COMPANY, a Delaware corporation, Defendant.

Daniel C. Girard (State Bar No. 114826) Amanda M. Steiner (State Bar No. 190047) GIRARD GIBBS LLP Attorneys for Plaintiff Daniel Call Bruce A. Ericson (State Bar No. 76342) Jeffrey Jacobi (State Bar No. 252884) PILLSBURY WINTHROP SHAW PITTMAN LLP Attorneys for Defendant Wells Fargo & Company


Daniel C. Girard (State Bar No. 114826)


Amanda M. Steiner (State Bar No. 190047)


GIRARD GIBBS LLP


Attorneys for Plaintiff Daniel Call

Bruce A. Ericson (State Bar No. 76342)


Jeffrey Jacobi (State Bar No. 252884)


PILLSBURY WINTHROP SHAW PITTMAN LLP


Attorneys for Defendant Wells Fargo & Company

STIPULATION REGARDING EXTENSION OF TIME FOR BRIEFING

OF DEFENDANT'S MOTION TO DISMISS THE COMPLAINT (CIVIL L.R. 6-1)

Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Daniel Call and Defendant Wells Fargo & Company, by and through the undersigned attorneys, hereby agree and stipulate as follows:

Whereas Plaintiff filed his complaint on October 25, 2011;

Whereas Defendant agreed to waive service of summons on October 26, 2011, thereby extending Defendant's response date to December 27, 2011;

Whereas Plaintiff and Defendant stipulated to the dismissal of Plaintiff's claims against the trustee, Bank of New York Mellon Trust Company, N.A., without prejudice, on November 17, 2011;

Whereas Defendant filed a motion to dismiss the complaint on December 27, 2011;

Whereas Local Rule 7-3 requires Plaintiff to file his opposition to the motion to dismiss on or before January 10, 2012, and Defendant to file its reply on or before January 17, 2012;

Whereas the hearing has been set for March 1, 2012;

Whereas the parties request to extend the briefing schedule because of the New Year holiday and briefing commitments in counsel's other matters;

Whereas the proposed briefing schedule ensures that the Court will receive all briefing on Defendant's motion to dismiss more than two weeks prior to the scheduled hearing date; and

Whereas this agreement does not affect any of the dates set by the Court's October 25, 2011 Order Setting Initial Case Management Conference and ADR Deadlines;

IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for the parties, subject to the Court's approval, that:

1. Plaintiff must file his opposition to Defendant's motion to dismiss on or before January 27, 2012; and

2. Defendant must file its reply to Plaintiff's response on or before February 13, 2012.

IT IS SO STIPULATED.

GIRARD GIBBS LLP

Daniel C. Girard


Amanda M. Steiner


Attorneys for Individual and Representative Plaintiff Daniel Call

PILLSBURY WINTHROP SHAW PITTMAN LLP

Bruce A. Ericson


Jeffrey Jacobi


Attorneys for Defendant Wells Fargo & Company

PURSUANT TO STIPULATION, IT IS SO ORDERED.

_______________


Judge Claudia Wilken


United States District Judge


CERTIFICATE OF SERVICE

I hereby certify that on January 4, 2012, a true and correct copy of the foregoing document was filed on the Court's CM/ECF system, and was thereby made available to counsel of record.

Executed this 4th day of January, 2012 at San Francisco, California.

Daniel C. Girard