Motion for Transfer under 28 U.S.C. § 1407 — In re Wells Fargo Paycheck Protection Program Litigation (MDL No. 2954)

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A motion filed June 9, 2020 with the U.S. Judicial Panel on Multidistrict Litigation by plaintiff DNM Contracting, Inc. in In re Wells Fargo Paycheck Protection Plan Litigation, MDL No. 2954, Document 1. Under 28 U.S.C. § 1407 and JPML Rule 6.2, it asks the Panel to transfer eight putative nationwide class actions pending in six districts to the Southern District of Texas, before Judge Alfred H. Bennett, for coordinated or consolidated pretrial proceedings. The motion states that each action alleges Wells Fargo failed to follow SBA rules in processing Paycheck Protection Program loan applications, including by prioritizing some applications over others. It argues that all the cases were filed after April 11, 2020, that none has entered discovery, and that centralization would avoid inconsistent rulings. It lists a supporting brief, a Schedule of Actions, and complaints and docket sheets.

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BEFORE THE  
UNITED STATES JUDICIAL PANEL ON  
MULTIDISTRICT LITIGATION 
 
IN RE WELLS FARGO PAYCHECK 
PROTECTION PLAN LITIGATION 
§ 
§ 
§ 
 
 
§     MDL DOCKET NO: ______________ 
 
§ 
 
 
 
 
 
 
 
 
PLAINTIFF’S MOTION FOR TRANSFER OF ACTIONS TO THE SOUTHERN 
DISTRICT OF TEXAS PURSUANT TO 28 U.S.C. § 1407 FOR COORDINATED OR 
CONSOLIDATED PRETRIAL PROCEEDINGS 
 
Plaintiffs DNM Contracting, Inc. (“DNM” or “Movant”) in the Southern District of Texas, 
respectfully moves, pursuant to 28 U.S.C. § 1407 and Rule 6.2 of the Rules of Procedure of the 
Judicial Panel on Multidistrict Litigation (“JPML”), for an order transferring the actions listed on 
the attached Schedule of Actions (the “Related Actions”), as well as any tag-along actions or other 
cases that may be filed asserting related or similar claims, to the Southern District of Texas for 
centralization of the actions for coordinated or consolidated pretrial proceedings. 
Transfer and consolidation or coordination is appropriate for the following reasons:  
1. To date, there are already eight (8) putative nationwide class actions (collectively 
“Related Actions”) pending in six (6) different districts: Southern District of Texas; 
Central District of California; Southern District of Florida; Northern District of 
California; District of Colorado; and Southern District of California. The Related 
Actions all involve common questions of fact and assert substantially similar claims 
and legal theories against Wells Fargo Bank. and/or WELLS FARGO, N.A.; and 
DOES 1- 10. (collectively “Defendants”). 
2. Plaintiffs in each of the Related Actions contend that Defendants violated state laws 
Case MDL No. 2954     Document 1     Filed 06/09/20     Page 1 of 4

and their fiduciary duties when they failed to implement and follow the Small 
Business Administration’s (“SBA”) rules and regulations requiring, among other 
things, that applications be processed on a “first-come, first-served” basis. 
Specifically, all actions allege that Defendants intentionally or negligently engaged 
in wrongful conduct in approving (or denying) applications for loans available 
through the federal Paycheck Protection Program (“PPP”), including favoring or 
prioritizing applications in processing time or order. 
3. Each of the Related Actions seek relief for losses incurred by the wrongful conduct 
by Defendants, including monetary damages and penalties, injunctive relief, as well 
as punitive damages and declaratory relief. Each action also seeks certification of 
nationwide or state classes of PPP applicants that were harmed by Defendants’ 
wrongful conduct. 
4. Movant DNM seeks the transfer and assignment of the Related Actions to the 
Southern District of Texas in front of the Honorable Judge Alfred H. Bennett for 
coordinated or consolidated pretrial proceedings.  
5. As explained in more detail in the supporting brief, the central issue in all the 
Related Actions is whether Defendants violated state laws, their fiduciary duties, 
and applicable SBA and other rules and regulations in processing PPP loan 
applications, including by wrongfully prioritizing or favoring (a) certain businesses 
over other businesses; (b) more prized customers over lesser prized customers; and 
(c) applications for larger loans over applications for smaller loans, all so 
Defendants would incur benefits. 
6. All of the Related Actions were filed after April 11, 2020, so all of the cases are in 
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their infancy. Written discovery has not commenced in any of the actions and, at 
the time of this filing, no scheduling orders have been entered for any of the Related 
Actions. 
7. Absent pretrial coordination or consolidation, the possibility of inconsistent pretrial 
rulings exists on issues such as the proper scope and extent of discovery, class 
certification, and other factual and legal matters, thus warranting transfer and 
coordination or consolidation of the Related Actions. 
8. The convenience of the courts, witnesses, parties, and counsel will all be served by 
transfer of these cases to the United States Judicial Panel on Multidistrict Litigation 
for centralization of the actions in the Southern District of Texas for coordinated or 
consolidated pretrial proceedings so that all cases may be consolidated under one 
court for coordinated pretrial proceedings.  
In support of this motion, Movant files: 
a) a Brief describing the background of the litigation and the Movants’ factual and legal 
contentions; 
b) a numbered Schedule of Actions providing (1) the complete name of each action involved, 
listing the full name of each party included; (2) the district court and division where each 
action is pending; (3) the civil action number of each action; and (4) the name of the Judge 
assigned to each action; 
c) a copy of all complaints and docket sheets for all actions listed on the Schedule of Actions; 
WHEREFORE, Movant respectfully requests that the Panel grant its motion and transfer the 
Related Actions, for coordinated and consolidated pretrial proceedings, to the United States 
Judicial Panel on Multidistrict Litigation for centralization of the actions in the Southern District 
Case MDL No. 2954     Document 1     Filed 06/09/20     Page 3 of 4

of Texas for coordinated or consolidated pretrial proceedings. 
Dated: June 9, 2020 
 
 
 
 
________________________________ 
Alfonso Kennard, Jr. 
Texas Bar No. 24036888 
S.D. ID. 713316 
2603 Augusta Drive, Suite 1450 
 Houston Texas 77057 
713.742.0900 (Phone) 
713/742.0951 (Fax) 
Alfonso.Kennard@KennardLaw.com 
Kevin T. Kennedy 
Texas Bar No. 24009053 
S.D. ID 305324 
2603 Augusta Dr., Suite 1450 
Houston, Texas 77057 
(713) 742-0900 (main) 
(713) 742-0951 (facsimile) 
kevin.kennedy@kennardlaw.com 
Eddie Hodges Jr. 
Texas Bar No. 24116523 
2603 Augusta Dr. Suite 1450 
Houston, Texas 77057 
Eddie.hodges@kennardlaw.com 
ATTORNEYS FOR PLAINTIFFS 
Case MDL No. 2954     Document 1     Filed 06/09/20     Page 4 of 4

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