STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT'S MOTION TO COMPEL ARBITRATION

SUSAN ILLSTON, District Judge.

Plaintiff Madeline Martin ("Plaintiff") and defendant Wells Fargo Bank, N.A. ("Wells Fargo"), through their undersigned counsel, hereby stipulate as follows:

WHEREAS, on November 28, 2012, Plaintiff filed a Class Action Complaint (Dkt. No. 1);

WHEREAS, in response to Wells Fargo's request that Plaintiff provide Wells Fargo with her identifying information to locate her records, Plaintiff voluntarily provided her Wells Fargo account number and telephone number to Wells Fargo as a courtesy on December 4, 2012;

WHEREAS, on December 21, 2012, Plaintiff agreed to extend Wells Fargo's deadline to answer or otherwise respond to the Class Action Complaint from December 26, 2012 until January 18, 2013 (Dkt. No. 7);

WHEREAS, on January 18, 2013, Wells Fargo filed a motion to stay and dismiss this action and compel Plaintiff to arbitrate her claims as an individual (Dkt. No. 19) ("Motion to Compel Arbitration");

WHEREAS, Wells Fargo's Motion to Compel Arbitration is based on records it gathered using the telephone number that Plaintiff disclosed to it on December 4, 2012 and states, specifically, that calls to the number were made in connection with a business account maintained by Plaintiff containing an arbitration clause;

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 arbitration and identified a cellular telephone number to which Plaintiff alleges that Wells Fargo made automated calls;

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 she allegedly received automated telephone calls, but was instead a landline number to which Wells Fargo made automated calls; and

WHEREAS, on January 30, 2013, Wells Fargo advised Plaintiff that it drafted the Motion to Compel Arbitration on the assumption that the number at issue was the number she had disclosed in the December 4, 2012 email.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff, by their undersigned counsel, and Wells Fargo, by their undersigned counsel, that:

(1) Wells Fargo's Motion to Compel Arbitration shall be and hereby is withdrawn without prejudice;

(2) Wells Fargo may file an answer, amended motion to compel arbitration, or other response to the Class Action Complaint within 30 days of the Court's ruling on this Stipulation;

(3) In the event Plaintiff determines that certain arbitration-related discovery is necessary after reviewing any amended motion to compel arbitration, she shall serve Wells Fargo with her proposed discovery within three days after Wells Fargo files any such amended motion, and Wells Fargo shall notify Plaintiff within seven days if it will stipulate to the proposed discovery;

(4) If Wells Fargo stipulates to any or all of the proposed discovery, all briefing deadlines shall be postponed 60 days to permit appropriate discovery, and all related hearing dates shall be re-noticed accordingly; and

(5) If Wells Fargo does not so stipulate to the proposed discovery: (a) Plaintiff may have up to 14 days to submit a motion seeking arbitration-related discovery, and (b) all briefing deadlines will be postponed indefinitely until the Court rules on Plaintiff's request.

ORDER

Pursuant to Stipulation, it is so ORDERED.