In re Wells Fargo Fraudulent Account Opening Litig., MDL No. 2766

CourtUnited States Judicial Panel on Multidistrict Litigation
Writing for the CourtSARAH S. VANCE, Chair
Citation282 F.Supp.3d 1360
Docket NumberMDL No. 2766
Decision Date05 April 2017
Parties IN RE: WELLS FARGO FRAUDULENT ACCOUNT OPENING LITIGATION

282 F.Supp.3d 1360

IN RE: WELLS FARGO FRAUDULENT ACCOUNT OPENING LITIGATION

MDL No. 2766

United States Judicial Panel on Multidistrict Litigation.

April 05, 2017


ORDER DENYING TRANSFER

SARAH S. VANCE, Chair

282 F.Supp.3d 1361

Before the Panel:* Plaintiffs in the District of Utah Mitchell action move under 28 U.S.C. § 1407 to centralize pretrial proceedings in this litigation in the District of Utah. Plaintiffs in the Northern District of California Jabbari action oppose centralization or, alternatively, support centralization in the Northern District of California. All other plaintiffs support centralization and variously support the District of Utah, the District of New Jersey, the Northern District of California, the Northern District of Alabama, the Middle District of Florida, or the Central District of California as transferee district. Defendants Wells Fargo Bank, N.A., and Wells Fargo & Company (together, Wells Fargo) ask the Panel to defer ruling on the motion until the Panel's May 2017 hearing session or, alternatively, to deny the motion. This litigation consists of eight actions pending in six districts.1

On the basis of the papers filed and hearing session held, we conclude that centralization is not necessary at this time for the convenience of the parties and witnesses or to further the just and efficient conduct of the litigation. These actions share allegations that Wells Fargo employees used confidential information to open fraudulent accounts in customers' names to meet sales goals, and that Wells Fargo encouraged, knew of, or should have known of this practice. All actions allege overlapping putative nationwide or statewide putative class claims, and all cases will involve overlapping pretrial motions regarding class certification and arbitration. But the parties in the Northern District of California Jabbari action recently reached a nationwide class settlement in principle, a motion for preliminary approval of their proposed settlement is due in less than a month, and a hearing on the motion is set to take place in less than two months. At oral argument, counsel for the Jabbari...

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6 practice notes
  • Mitchell v. Wells Fargo Bank, Case 2:16–cv–00966–CW–DBP
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • November 29, 2017
    ..., No. 3:15–cv–2159–VC, 2015 WL 3485066 (N.D. Cal., filed May 13, 2015).11 See In re Wells Fargo Fraudulent Account Opening Litig. , 282 F.Supp.3d 1360, 1384–85, 2017 WL 1283679, at *1 (J.P.M.L. Apr. 5, 2017). Plaintiffs then moved to lift the stay in this case. (ECF No. 55.) On April 13, 20......
  • Mitchell v. Wells Fargo Bank, Case No. 2:16-cv-966
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • December 21, 2018
    ...allegations against Wells Fargo, and have filed suit in other districts. See In re Wells Fargo Fraudulent Account Opening Litig. , 282 F.Supp.3d 1360, 1361 (U.S. Jud. Pan. Mult. Lit. 2017).1 Of those actions filed in other districts, Jabbari v. Wells Fargo Bank, N.A. , No. 3:15-cv-2159-VC (......
  • In re Hyundai & KIA GDI Engine Mktg., Sales Practices, & Prods. Liab. Litig., MDL No. 2898
    • United States
    • United States Judicial Panel on Multidistrict Litigation
    • July 29, 2019
    ...move for court approval of the proposed 412 F.Supp.3d 1344 class settlement. See In re Wells Fargo Fraudulent Account Opening Litig. , 282 F. Supp. 3d 1360, 1361 (J.P.M.L. 2017) (denying centralization, in part, because the parties would have the opportunity to object to the adequacy of the......
  • In re Behr Deckover Mktg. & Sales Practices Litig., MDL No. 2821
    • United States
    • United States Judicial Panel on Multidistrict Litigation
    • January 30, 2018
    ...with little or no benefit to the parties and putative class members. See, e.g., In re: Wells Fargo Fraudulent Account Opening Litig. , 282 F.Supp.3d 1360, 2017 WL 1283679, at *1 (J.P.M.L. Apr. 5, 2017).IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied.SCH......
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6 cases
  • Mitchell v. Wells Fargo Bank, Case 2:16–cv–00966–CW–DBP
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • November 29, 2017
    ..., No. 3:15–cv–2159–VC, 2015 WL 3485066 (N.D. Cal., filed May 13, 2015).11 See In re Wells Fargo Fraudulent Account Opening Litig. , 282 F.Supp.3d 1360, 1384–85, 2017 WL 1283679, at *1 (J.P.M.L. Apr. 5, 2017). Plaintiffs then moved to lift the stay in this case. (ECF No. 55.) On April 13, 20......
  • Mitchell v. Wells Fargo Bank, Case No. 2:16-cv-966
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • December 21, 2018
    ...allegations against Wells Fargo, and have filed suit in other districts. See In re Wells Fargo Fraudulent Account Opening Litig. , 282 F.Supp.3d 1360, 1361 (U.S. Jud. Pan. Mult. Lit. 2017).1 Of those actions filed in other districts, Jabbari v. Wells Fargo Bank, N.A. , No. 3:15-cv-2159-VC (......
  • In re Hyundai & KIA GDI Engine Mktg., Sales Practices, & Prods. Liab. Litig., MDL No. 2898
    • United States
    • United States Judicial Panel on Multidistrict Litigation
    • July 29, 2019
    ...move for court approval of the proposed 412 F.Supp.3d 1344 class settlement. See In re Wells Fargo Fraudulent Account Opening Litig. , 282 F. Supp. 3d 1360, 1361 (J.P.M.L. 2017) (denying centralization, in part, because the parties would have the opportunity to object to the adequacy of the......
  • In re Wells Fargo Mortg. Modification Litig., MDL No. 2932
    • United States
    • United States Judicial Panel on Multidistrict Litigation
    • March 30, 2020
    ...in little or no benefit to the class members and other parties. See, e.g., In re Wells Fargo Fraudulent Account Opening Litig. , 282 F. Supp. 3d 1360, 1361 (J.P.M.L. 2017). Four of the other actions before us are brought on behalf of putative classes of borrowers affected by the alleged sof......
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