Chang v. Wells Fargo Bank, N.A.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANNIE CHANG, et al., Case No. 19-cv-01973-HSG 8 Plaintiffs, ORDER REGARDING PLAINTIFFS’ STIPULATED FINAL JUDGMENT 9 v. Re: Dkt. No. 148 10 WELLS FARGO BANK, N.A., 11 Defendant. 12 13 On November 9, 2023, Plaintiffs timely filed a Stipulated Final Judgment (“Judgment”). 14 Dkt. No. 148. The Court has reviewed the Judgment, and is concerned about the permanent 15 injunction term contained at paragraph six. Id. ¶ 6. As currently drafted, the last sentence of 16 paragraph six reads as follows: 17 The Releasors further are forever barred and enjoined from organizing Class Members, or 18 soliciting the participation of Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint or counterclaim to include 19 class allegations, or seeking class certification in a pending action in any jurisdiction based on or relating to any of the Released Claims against any of the Releasees). 20 21 Id. 22 Read literally, the term purports to bar and enjoin class members from organizing any class 23 plaintiffs in “any action,” regardless of whether that action relates to the released claims. To 24 comport with the identical factual predicate rule, see Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th 25 Cir. 2010), the Court is of the view that the closing parenthesis should be moved as follows to 26 clarify that the Releasors (which includes class representatives and class members) are not 27 permitted to pursue “any action . . . based on or relating to any of the Released Claims against any | The Releasors further are forever barred and enjoined from organizing Class Members, or 2 soliciting the participation of Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint or counterclaim to include 3 class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims against any of the Releasees. 4 5 The Court DIRECTS Plaintiffs by November 20, 2023 to file either (1) a revised 6 stipulated final judgment reflecting the revision to paragraph six discussed in this order; or (2) a 7 statement of two pages or less explaining why the language in paragraph six does not, as currently 8 drafted, result in a release broader than the one approved by the Court in its Order Granting Final 9 || Approval of Class Action Settlement, Dkt. No. 147. 10 IT IS SO ORDERED.

HAYWOOD S. GILLIAM, JR. 13 United States District Judge © 15 16

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