United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

VERONICA GUTIERREZ, ERIN WALKER,

and WILLIAM SMITH, as individuals and on

behalf of all others similarly situated,

Plaintiffs,

 v.

WELLS FARGO AND COMPANY, WELLS

FARGO BANK, N.A., and DOES1 through 125,

Defendants. /

No. C 07-05923 WHA

REMINDER NOTICE OF

UPCOMING TRIAL AND

FINAL PRETRIAL

CONFERENCE

This notice serves as a friendly reminder that this case remains set for a FINAL PRETRIAL

CONFERENCE on APRIL 26, 2010, at 2:00 P.M., with a JURY TRIAL on MAY 10, 2010. Please

consult the existing case management order and review and follow all standing guidelines and

orders of the undersigned for civil cases on the Court’s website at http://www.cand.uscourts.gov. 

Continuances will rarely be granted. 

The final pretrial conference will be an important event, for it will be there that the shape

of the upcoming trial will be determined, including in limine orders, time limits and exhibit

mechanics. Lead trial counsel must attend. 

To avoid any misunderstanding with respect to the final pretrial conference and trial, the

Court wishes to emphasize that all filings and appearances must be made — on pain of dismissal,

default or other sanction — unless and until a dismissal fully resolving the case is received. It

Case 3:08-cv-05739-WHA Document 123 Filed 01/07/10 Page 1 of 2
United States District Court

For the Northern District of California

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will not be enough to inform the clerk that a settlement in principle has been reached or to lodge a

partially executed settlement agreement or to lodge a fully executed agreement (or dismissal) that

resolves less than the entire case. Where, however, a fully-executed and unconditional settlement

agreement clearly and fully disposing of the entire case is lodged reasonably in advance of the

pretrial conference or trial and only a ministerial act remains, the Court will arrange a telephone

conference to work out an alternate procedure pending a formal dismissal. 

Please state whether the Court can be of further ADR assistance (but avoid stating offers,

counteroffers or dollar amounts). 

In this case, the Court wishes to consider the following additional trial procedures and

desires that counsel meet and confer and reach a stipulation concerning whether and how to use

them: 

1. Scheduling opposing experts so as to appear in successive order; 

2. Giving preliminary instructions on the law; 

3. Allowing limited pre-closing deliberations (as per, e.g., Rule 39 of

the Arizona Rules of Civil Procedure); and 

4. Allowing each side fifteen minutes of opening/argument time to be

used during the evidence time (in addition to normal opening statement and

closing argument). 

Please present the results of your stipulation (or not) in the joint pretrial conference

submissions.

Dated: January 6, 2010. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-05739-WHA Document 123 Filed 01/07/10 Page 2 of 2