UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re Wells Fargo Home Mortgage Overtime Pay Litigation, Case No. MDL1770.

If you are or were a Home Mortgage Consultant employed by Wells Fargo,
please read this notice. The decertification of a class action lawsuit may affect your rights.
A federal court authorized this notice. This is not a solicitation from a lawyer. 

• Home Mortgage Consultants (also referred to as “HMCs” or “loan originators”) sued Wells Fargo claiming that Wells Fargo failed to pay overtime. The Court certified the case as a class action on October 17, 2007. The Court is now decertifying the case. 
• The Court is decertifying the Class Action and dismissing the case without prejudice. This means that your claims against Wells Fargo will no longer be a part of the class action. Although the class action will be dismissed, you have the right to file your own individual case against Wells Fargo. Further, during the pendency of the class action – February 10, 2005 to February 20, 2011 – the statute of limitations has been tolled on the California Business and Professions Code Section 17200 claim asserted in the case. 
• The Litigation and Reason for Decertification. Several separate wage and hour actions were brought against Wells Fargo on behalf of current and former loan originators, otherwise known as Home Mortgage Consultants (“HMCs”). The cases are: Mevorah v. Wells Fargo Home Mortgage, Inc., N.D. Cal. 3:05-1175; Perez v. Wells Fargo Mortgage Co., N.D. Cal. 3:05-2722; Perry v. Wells Fargo Home Mortgage, Inc., S.D. Ill. No. 3:05-890; and Miles v. Wells Fargo Mortgage Company, N.D. Cal., 3:06-CV-01991. On June 15, 2006, the Judicial Panel on Multidistrict Litigation, pursuant to 28 U.S.C. § 1407, transferred these actions before the United States District Court for the Northern District of California. The consolidated cases are brought on behalf of two subgroups of HMCs. The first group consists of current and former HMCs who worked in California (“California Plaintiffs”). The second group consists of current and former HMCs who worked in the United States, but outside of California (“Nationwide Plaintiffs”).
  
  On October 18, 2007, the Northern District of California granted class certification on behalf of two classes of Nationwide Plaintiffs – a Nationwide Rule 23 class based on the alleged violation of the California Unfair Competition Law, and a Fair Labor Standards Act (“FLSA”) § 216(b) collective class based on the alleged violation of the FLSA.
  
  The Nationwide Rule 23 class includes: all persons who worked as Home Mortgage Consultants outside the state of California for Wells Fargo Bank, N.A. at any time between February 10, 2001 and July 20, 2010.
  
  Shortly after the court’s certification decision, Wells Fargo appealed the Nationwide Rule 23 class certification decision pursuant to Fed. R. Civ. P. 23(f). The Ninth Circuit accepted the appeal. The appeal included not only the trial court’s Nationwide Rule 23 class certification, but also the California class Rule 23 certification decision. The appeal did not include the FLSA § 216(b) decision.
  
  On July 7, 2009, the Ninth Circuit reversed and remanded the California Rule 23 class certification decision. On remand, the trial court denied class certification.
  
  The appeal of the Nationwide Rule 23 class certification continues. Because a threshold issue – whether the California UCL may be applied to non-California workers – is pending before the California Supreme Court in Sullivan v. Oracle Corp., Cal. Sup. Court Case No. S170577 (4/22/09), the Ninth Circuit has not ruled on the Nationwide Rule 23 class.
  
  By agreement of the parties, the Court is now decertifying the class action and hereby notifying you of your rights:
  
  You now have a choice to make

• You may choose to do nothing. If you do nothing, you will be in no better or worse position than had the case never been filed. You will not be pursuing your claims against Wells Fargo for alleged unpaid overtime as an HMC, nor will you be releasing any potential legal claims.
  
• You may choose to continue to pursue your claim against Wells Fargo. In order to pursue your claim, or to discuss your options, you should contact a lawyer of your choosing as soon as possible. 

Frequently Asked Questions

1. Why did I get this notice?
Wells Fargo’s records show that you currently or previously worked for Wells Fargo as an HMC. This notice explains that the Court has “decertified” a class action lawsuit that may affect you. You have legal rights and options that you may exercise. The Honorable Marilyn Hall Patel, a Judge in the United States District Court for the Northern District of California is overseeing this lawsuit. The lawsuit is known as In re Wells Fargo Home Mortgage Overtime Pay Litigation, Case No. MDL1770 MHP.

 
2. What is this lawsuit about?
This lawsuit is about whether Wells Fargo was legally obligated to pay HMCs overtime compensation for work performed in excess of forty 40 hours per week.

 
3. What is Wells Fargo’s position?
Wells Fargo denies that it has improperly paid any current or former employees, and denies that any current or former employees are entitled to any additional compensation or other relief.

4. Has the Court decided who is right?
The Court has not decided whether Wells Fargo or the Plaintiffs are correct. By decertifying the class and issuing the Notice, the Court is not suggesting that the Plaintiffs will win or lose the case.


5. Are there more details available?
Yes. If you have any questions or require additional information, you may contact Class Counsel by filling out the form below, and we will respond as soon as possible.