AMENDED JOINT MOTION STIPULATING TO STAY OF THE ACTION PENDING THE OUTCOME OF THE NINTH CIRCUIT APPEAL IN IBARRA

JAMES L. ROBART, District Judge.

STIPULATION

1. The undersigned parties hereby stipulate to stay this action, including all deadlines for discovery, briefing related to class certification and trial, until a final ruling is obtained in the action Ibarra v. Wells Fargo Bank, N.A., United States Court of Appeals for the Ninth Circuit, Court of Appeals Docket No. 18-55626, docketed May 16, 2018. In support thereof, the parties jointly state the following;

2. Plaintiff's Counsel here are also Class counsel in another case against Defendant in Ibarra v. Wells Fargo Bank, N.A., United States District Court, Central District California, CV 17-4344 PA (ASX)("Ibarra"). In that case, the parties stipulated to certification of a class of California Home Mortgage Consultants ("HMCs") for purposes of resolving rest break claims arising under California law. The district court entered summary judgment in favor of the class in April 2018.

3. Defendant, represented by undersigned counsel, has appealed the judgement in Ibarra in Jacqueline Ibarra v. Wells Fargo Bank, N.A., United States Court of Appeals for the Ninth Circuit, Court of Appeals Docket No. 18-55626, docketed May 16, 2018 ("Ibarra Appeal").

4. Like Ibarra, this case involves compensation plans for Wells Fargo HMCs. As in Ibarra, Plaintiff seeks to represent a class of HMCs and challenges Wells Fargo's rest break practices for HMCs.

5. A decision in the Ibarra Appeal is not expected until late 2019 or early 2020. Counsel for Plaintiff believes that the outcome of the Ninth Circuit appeal in Ibarra may have substantial impact on this litigation. The parties have met and conferred and agree that, in light of Plaintiff's position, good cause exists for a stay of all deadlines pursuant to Local Rule 16(b)(5). In particular, a stay of all deadlines pending the outcome of the Ninth Circuit appeal in Ibarra will conserve party and judicial resources without causing anyone unfair prejudice if this action is stayed until the Ibarra appeal in the Ninth Circuit is resolved.

6. Plaintiff Rich Hallman, who is represented by the same counsel as Ibarra agrees with the terms of this stipulation and wishes to have it go into effect.

7. Defendant Wells Fargo reserves all rights and defenses.

[PROPOSED] ORDER

Based on the foregoing Stipulation, it is hereby ORDERED as follows:

1. All deadlines for discovery, briefing related to class certification and trial are stayed until a final ruling is obtained in the action Ibarra v. Wells Fargo Bank, N.A., United States Court of Appeals for the Ninth Circuit, Court of Appeals Docket No. 18-55626, docketed May 16, 2018.

2. All deadlines for discovery and briefing related to class certification are further extended 60 days as to the computation of time from the date of the stay.