Chang et al v. Wells Fargo Bank, N.A., No. 4:2019cv01973 - Document 151 (N.D. Cal. 2023)
Court Description: AMENDED STIPULATED FINAL JUDGMENT Re Docket No. 150 . ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 11/17/2023. (ndr, COURT STAFF) (Filed on 11/17/2023)
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Chang et al v. Wells Fargo Bank, N.A. Doc. 151 1 MCGUIREWOODS LLP David C. Powell SBN #129781 2 dpowell@mcguirewoods.com Jenny Yi SBN #314541 3 jyi@mcguirewoods.com Two Embarcadero Center 4 Suite 1300 San Francisco, CA 94111-3821 5 Telephone: 415.844.9944 Facsimile: 415.844.9922 6 MCGUIREWOODS LLP 7 K. Issac deVyver, Pro Hac Vice kdevyver@mcguirewoods.com 8 Nellie Hestin, Pro Hac Vice nhestin@mcguirewoods.com 9 260 Forbes Avenue Suite 1800 10 Pittsburgh, PA 15222 Telephone: 412.667.7909 11 Facsimile: 412.667.7993 12 Attorneys for Defendant Wells Fargo Bank, N.A. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 ANNIE CHANG, TIGER CHANG 17 INVESTMENTS, LLC, ASIANS INVESTING IN REAL ESTATE, LLC, 18 MELANIE GONZALES, GARY GONZALES, and G&M YOU-NIQUES 19 PROPERTY LLC, Individually and On Behalf of All Others Similarly Situated, 20 Plaintiff, 21 vs. 22 WELLS FARGO BANK, N.A., 23 Defendant. 24 CASE NO. 4:19-cv-01973-HSG AMENDED STIPULATED FINAL JUDGMENT 25 26 27 28 AMENDED STIPULATED FINAL JUDGMENT Dockets.Justia.com 1 Plaintiffs Annie Chang, Tiger Chang Investments, LLC, Asians Investing in Real Estate, 2 LLC, Melanie Gonzales, Gary Gonzales, and G&M You-Niques Property LLC, (together, 3 “Plaintiffs”) and Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) (collectively, the “Parties”), 4 by and through their undersigned counsel, hereby agree and stipulate that based on the papers filed 5 with the Court, presentations made to the Court by the Parties, the Final Approval Order [Dkt. 147], 6 and the November 14, 2023 Order [Dkt. 149] the following Amended Final Judgment be entered: 7 STIPULATED FINAL JUDGMENT 8 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 9 1. All findings in the Court’s Final Approval Order [Dkt. 147] shall be incorporated in 10 this Judgment. 11 2. Definitions. This Judgment incorporates by reference the definitions in the Settlement 12 Agreement and Release (“Agreement”), and all capitalized terms used, but not defined herein, shall 13 have the same meanings as in the Agreement. 14 3. No Merits Determination. By entering this Order, the Court does not make any 15 determination as to the merits of this case. 16 4. Dismissal with Prejudice. Final Judgment is hereby entered with respect to the 17 Released Claims of all Settlement Class Members, and the Released Claims in the Action are hereby 18 dismissed in their entirety with prejudice and without costs. All claims in the Action are dismissed, 19 and the case shall be closed pursuant to Paragraph 9 of this Order. 20 5. Releases. The releases as set forth in Section 10 of the Agreement together with the 21 definitions in Sections 1.1-1.44 relating thereto are expressly incorporated herein in all respects and 22 made effective by operation of this Judgment. The Court hereby approves and enters as Final 23 Judgment the release provisions as contained and incorporated in Section 10 of the Agreement, 24 including but not limited to the definitions of Released Claims, Releasors, Releasees and Unknown 25 Claims. The Releasors shall be deemed to have, and by operation of this Judgment shall have, fully, 26 finally, and forever released, relinquished, and discharged all Released Claims (including Unknown 27 Claims) against the Releasees. 28 6. Permanent Injunction. The Releasors, including the Class Representatives and all 1 AMENDED STIPULATED FINAL JUDGMENT 1 Settlement Class Members, and anyone claiming through or on behalf of any of them, are forever 2 barred and enjoined from filing, commencing, maintaining, prosecuting, intervening in, participating 3 in (as class members or otherwise), or pursuing directly, representatively, or in any other capacity 4 any Released Claim subsumed and covered by the Release in the Agreement in any court or 5 arbitration forum. The Releasors further are forever barred and enjoined from organizing Class 6 Members, or soliciting the participation of Class Members, in a separate class for purposes of 7 pursuing any action (including by seeking to amend a pending complaint or counterclaim to include 8 class allegations, or seeking class certification in a pending action in any jurisdiction) based on or 9 relating to any of the Released Claims against any of the Releasees. 10 7. Continuing Jurisdiction. Without affecting the finality of this Judgment in any way, 11 this Court hereby retains continuing jurisdiction over the administration, consummation, 12 enforcement, and interpretation of the Agreement, the Final Judgment, and for any other necessary 13 purpose, including to ensure compliance with the Protective Order entered in this Action. 14 8. Entry of Final Judgment. There is no just reason for delay in the entry of this Order 15 and Final Judgment and immediate entry by the Clerk of the Court is hereby directed. 16 9. Action Closed. The Clerk of the Court is hereby directed to close the Action. 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 2 AMENDED STIPULATED FINAL JUDGMENT 1 DATED: November 17, 2023 MCGUIREWOODS LLP 2 By: 3 4 5 6 7 /s/ Jenny Yi David C. Powell Jenny Yi Two Embarcadero Center Suite 1300 San Francisco, CA 94111 Telephone: (415) 844-9944 Facsimile: (415) 844-9922 11 K. Issac deVyver (pro hac vice) Nellie Hestin (pro hac vice) 260 Forbes Avenue Suite 1800 Pittsburgh, PA 15222 Telephone: (412) 667-7909 Facsimile: (412) 667-7993 12 Attorneys for Defendant 8 9 10 13 ROSCA SCARLATO LLC 14 By: 15 16 17 /s/ Paul J. Scarlato Paul J. Scarlato (pro hac vice) 161 Washington Street, Suite 1025 Conshohocken, PA 19428 Telephone (216) 946-7070 Eve H. Cervantez ALTSHULER BERZON LLP 117 Post Street, Suite 300 San Francisco, CA 94108 Tel: (415) 421-7151 Facsimile: (415) 362-8064 18 19 20 21 Alan L. Rosca (pro hac vice) ROSCA SCARLATO LLC 2000 Auburn Drive, Suite 200 Beachwood, OH 44122 Telephone: (216) 946-7070 22 23 24 25 Attorneys for Plaintiffs and the Class 26 27 IT IS SO ORDERED. 11/17/2023 28 Date:_______________ By:_________________________________ Honorable Haywood S. Gilliam, Jr. 3 AMENDED STIPULATED FINAL JUDGMENT
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