Transcript of Proceedings held on 08/19/09, before Judge Edward M. Chen. Court Reporter/Transcriber Kelly Bryce, E-mail courtreporter232@aol.com Telephone number (510)828-9404. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 11/23/2009. (Bryce, Kelly) (Filed on 8/27/2009) (Entered: 08/27/2009)
ORDER by Judge Edward M.Chen granting 34 Motion for Settlement (Stipulated and order determining good faith and granting final approval of settlement) (bpf, COURT STAFF) (Filed on 8/20/2009) (Entered: 08/20/2009)
Minute Entry: Motion Hearing held on 8/19/2009 before Edward M. Chen (Date Filed: 8/19/2009) re 35 MOTION for Attorney Fees and Litigation Expenses Award filed by John Sones, Robert Crider, 34 Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Wachovia Mortgage, FSB, Wachovia Financial Services Inc., Wachovia Corporation, Wachovia Commercial Mortgage, Inc, Wachovia Mortgage Corporation. (1) Joint Motion on Final Approval of Class Action Settlement is granted. Class Member Neil Orozco was directed to seek legal advice from private counsel or Court Legal Help Desk re his claim. Court to issue order and judgment. (2) Court took Plaintiffs Motion for Award of Attorneys Fees and Litigation Expenses under submission and will issue order. (Court Reporter Kelly Bryce.) (bpf, COURT STAFF) (Date Filed: 8/19/2009) (Entered: 08/19/2009)
MOTION for Attorney Fees and Litigation Expenses Award filed by Robert Crider, John Sones. Motion Hearing set for 8/19/2009 02:30 PM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Memorandum in Support of Motion, # 2 Affidavit Declaration of Norman Blumenthal in Support of Motion for Final Approval and Motion for Award of Attorneys' Fees and Expenses, # 3 Affidavit Declaration of Peter Hart in Support of Motion for Final Approval and Motion for Award of Attorneys' Fees and Expenses, # 4 Affidavit Declaration of Kenneth Yoon in Support of Motion for Final Approval and Motion for Award of Attorneys' Fees and Expenses, # 5 Affidavit Declaration of Larry Lee in Support of Motion for Final Approval and Motion for Award of Attorneys' Fees and Expenses, # 6 Proposed Order Proposed Order Awarding Attorneys' Fees and Expenses, # 7 Proof of Service)(Blumenthal, Norman) (Filed on 7/15/2009) (Entered: 07/15/2009)
Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Wachovia Commercial Mortgage, Inc, Wachovia Corporation, Wachovia Financial Services Inc., Wachovia Mortgage Corporation, Wachovia Mortgage, FSB. Motion Hearing set for 8/19/2009 02:30 PM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Affidavit Declaration of Claims Administrator Amanda Myette, # 2 Proposed Order Stipulated and [Proposed] Order Determining Good Faith and Granting Final Approval of Settlement, # 3 Proposed Order [Proposed] Judgment)(Heinicke, Malcolm) (Filed on 7/15/2009) (Entered: 07/15/2009)
STIPULATION AND ORDER re 32 Stipulation, filed by Wachovia Mortgage, FSB, Wachovia Financial Services Inc., Wachovia Corporation, Wachovia Commercial Mortgage, Inc, Wachovia Mortgage Corporation. Signed by Judge Edward M. Chen on 6/16/09. (bpf, COURT STAFF) (Filed on 6/16/2009) (Entered: 06/16/2009)
STIPULATION re 15 Stipulation, THIRD STIPULATION RE: AMENDMENT OF THE STIPULATION REGARDING SETTLEMENT OF CLASS AND COLLECTIVE ACTIONS by Wachovia Commercial Mortgage, Inc, Wachovia Corporation, Wachovia Financial Services Inc., Wachovia Mortgage Corporation, Wachovia Mortgage, FSB. (Heinicke, Malcolm) (Filed on 6/10/2009) (Entered: 06/10/2009)
Letter from Malcolm A. Heinicke to The Honorable Edward M. Chen regarding rescheduled final approval hearing. (Heinicke, Malcolm) (Filed on 5/13/2009) (Entered: 05/13/2009)
CLERKS NOTICE Case Management Conference reset for 8/19/2009 02:30 PM. Case Management Statement due by 8/12/2009. Motion Hearing reset for 8/19/2009 02:30 PM in Courtroom C, 15th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 5/12/2009) (Entered: 05/12/2009)
Letter from Malcolm A. Heinicke regarding rescheduling the final approval hearing currently set for August 5, 2009 at 10:30 a.m.. (Heinicke, Malcolm) (Filed on 5/8/2009) (Entered: 05/08/2009)
CLERKS NOTICE Case Management Conference set for 8/4/2009 02:30 PM. Motion Hearing set for 8/4/2009 02:30 PM in Courtroom C, 15th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 5/6/2009) (Entered: 05/06/2009)
CLERKS NOTICE Case Management Conference reset for 8/5/2009 10:30 AM. Case Management Statement due by 7/29/2009. (bpf, COURT STAFF) (Filed on 3/6/2009) (Entered: 03/06/2009)
STIPULATION re 15 Stipulation, SECOND STIPULATION RE: AMENDMENT OF THE STIPULATION REGARDING SETTLEMENT OF CLASS AND COLLECTIVE ACTIONS by Wachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation. (Attachments: # 1 Proposed Order Granting Preliminary Approval of Settlement and Setting Settlement Hearing)(Heinicke, Malcolm) (Filed on 3/5/2009) (Entered: 03/05/2009)
Brief re 16 Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Joint Memorandum of Points and Authorities in Support of Motion For Preliminary Approval Filed Per Court's Instructions Following February 20, 2009 Hearing filed byWachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation. (Related document(s) 16 ) (Heinicke, Malcolm) (Filed on 3/3/2009) (Entered: 03/03/2009)
STIPULATION re 15 Stipulation, RE: AMENDMENT OF THE STIPULATION REGARDING SETTLEMENT OF CLASS AND COLLECTIVE ACTIONS by Wachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation. (Heinicke, Malcolm) (Filed on 3/3/2009) (Entered: 03/03/2009)
AMENDED Minute Entry: (details for supp. briefing and notice) Motion Hearing held on 2/18/2009 before Edward M. Chen (Date Filed: 2/18/2009) re 16 Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT filed by Wachovia Mortgage. Parties to provide, as part of a supplemental brief, the following information: (1) the settlement variable in Vinole; (2) the DOL opinion letter (on the outside sales exemption); and (3) the opinion from the court in the Central District of California (regarding the general release in a severance agreement). Parties also to provide an update, as part of the supplemental brief, as to whether they are willing to stipulate to a revised notice to the class, which includes an "executive summary" at the beginning. If so, the parties should include the proposed language. (Court Reporter Jim Yeomans.) (bpf, COURT STAFF) (Date Filed: 2/18/2009) (Entered: 02/18/2009)
- SEE DOCKET #22 FOR DETAILED SUPP. BRIEFING REQUIREMENT - Minute Entry: Motion Hearing held on 2/18/2009 before Edward M. Chen (Date Filed: 2/18/2009) re 16 Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Wachovia Mortgage, FSB, Wachovia Financial Services Inc., Wachovia Corporation, Wachovia Commercial Mortgage, Inc, Wachovia Mortgage Corporation. Plaintiff to submit additional briefing. Court will then issue order.Parties to discuss with clients re language for revised notice, if agree, will submit stipulation and revised notice to court. (Court Reporter Jim Yeomans.) (bpf, COURT STAFF) (Date Filed: 2/18/2009) Modified on 2/18/2009 (bpf, COURT STAFF). (Entered: 02/18/2009)
Brief re 16 Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Plaintiffs' Supplemental Memorandum of Points and Authorities in Support of Joint Motion for Preliminary Approval of Class Settlement filed byRobert Crider. (Attachments: # 1 Affidavit of Norman B. Blumenthal in Support of Motion for Preliminary Approval of Class Settlement, # 2 Affidavit of Peter M. Hart in Support of Motion Granting Preliminary Approval of Class Action Settlement, # 3 Affidavit of Larry W. Lee in Support of Joint Motion for Preliminary Approval of Class Action Settlement, # 4 Affidavit of Kenneth H. Yoon in Support of Joint Motion for Preliminary Approval of Class Action Settlement, # 5 Proof of Service)(Related document(s) 16 ) (Lee, Larry) (Filed on 1/9/2009) (Entered: 01/09/2009)
Joint MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Wachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation. Motion Hearing set for 2/18/2009 10:30 AM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Declaration of Mediator David Rotman, # 2 Proposed Order [Proposed] Order Granting Preliminary Approval of Settlement and Setting Settlement Hearing)(Heinicke, Malcolm) (Filed on 1/9/2009) (Entered: 01/09/2009)
STIPULATION AND ORDER re 10 Stipulation, filed by Wachovia Mortgage, FSB, Wachovia Financial Services Inc., Wachovia Corporation, Wachovia Commercial Mortgage, Inc, Wachovia Mortgage Corporation Initial Case Management Conference set for 3/18/2009 01:30 PM.. Signed by Judge Edward M. Chen on 12/10/08. (bpf, COURT STAFF) (Filed on 12/10/2008) (Entered: 12/10/2008)
CONSENT to Proceed Before a US Magistrate Judge by Wachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation TO PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE EDWARD M. CHEN.. (Heinicke, Malcolm) (Filed on 12/2/2008) (Entered: 12/02/2008)
STIPULATION AND PROPOSED ORDER RE: CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES by Wachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation. (Heinicke, Malcolm) (Filed on 11/26/2008) (Entered: 11/26/2008)
CLERKS NOTICE re: Motion to Relate: The Honorable Jeffrey S. White has reviewed the motion and determined that no cases are related to C-06-5296 JSW. (jjo, COURT STAFF) (Filed on 11/7/2008) (Entered: 11/07/2008)
CERTIFICATE OF SERVICE by Wachovia Commercial Mortgage, Inc, Wachovia Financial Services Inc., Wachovia Mortgage, FSB, Wachovia Corporation, Wachovia Mortgage Corporation re 5 ADR Scheduling Order Proof of Service of court handouts and Order Setting Initial Case Management Conference and ADR Deadlines (Heinicke, Malcolm) (Filed on 9/30/2008) (Entered: 09/30/2008)
ADR SCHEDULING ORDER: Case Management Statement due by 12/10/2008. Case Management Conference set for 12/17/2008 01:30 PM.. Signed by Judge Edward M. Chen on 9/11/08. (ga, COURT STAFF) (Filed on 9/11/2008) (Entered: 09/15/2008)
NOTICE OF REMOVAL / no processs from San Francisco County Superior Court. Their case number is CGC 08-478417. (Filing fee $350 receipt number 34611023326). Filed byWachovia Defendants. (ga, COURT STAFF) (Filed on 9/11/2008) (Entered: 09/15/2008)
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