Doris A Johnson-Bennett v. Select Portfolio Servicing, Inc., et al

Filing 14

MINUTES (IN CHAMBERS) ORDER STRIKING Bank of America's Motion to Dismiss Plaintiff's Complaint 12 ; ORDER STRIKING Defendant Select Portfolio Servicing, Inc., and HSB Bank USA, N.A., as Trustee on Behalf of the Certificate Holders of the D eutsche Bank Alt-A Securities Morgage Loan Trust 2007-AR1'S Notice of Motion and Motion to Dismiss Complaint for Failure to State a Claim upon which relief can be granted 10 ; and ORDER REQUIRING Additional Meet and Confer by Judge John F. Walt er: The Court STRIKES B of A's Motion to Dismiss and Select Portfolio's Motion toDismiss for failure to comply with paragraph 5(b) of the Court's Standing Order. If either BofA or Select Portfolio wish to re-file its Motion, counsel s hall meet and confer with Plaintiff in person by 7/29/2015. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, neither BofA nor Select Portfolio shall file its respective Motion until 4 days after each party files the declaration required by this Order. (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No.

CV 15-5408-JFW (JCx)

Title:

Doris A. Johnson-Bennett-v- Select Portfolio Servicing, Inc., et al.

Date:July 24, 2015

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER STRIKING BANK OF AMERICA’S MOTION TO
DISMISS PLAINTIFF'S COMPLAINT, PURSUANT TO
F.R.C.P. 12(b)(6) [filed 7/23/15; Docket No. 12];
ORDER STRIKING DEFENDANT SELECT PORTFOLIO
SERVICING, INC. AND HSBC BANK USA, N.A., AS
TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF THE DEUTSCHE BANK ALT- A
SECURITIES MORTGAGE LOAN TRUST 2007-AR1’S
NOTICE OF MOTION AND MOTION TO DISMISS
COMPLAINT FOR FAILURE TO STATE A CLAIM UPON
WHICH RELIEF CAN BE GRANTED [filed 7/23/15;
Docket No. 10]; and
ORDER REQUIRING ADDITIONAL MEET AND
CONFER

Local Rule 7-3 requires that “counsel contemplating the filing of any motion shall first
contact opposing counsel to discuss thoroughly, preferably in person, the substance of the
contemplated motion and any potential resolution.” Local Rule 7-3. Generally, this conference of
counsel “shall take place at least seven (7) days prior to the filing of the motion.” Id. “If the parties
are unable to reach a resolution which eliminates the necessity for a hearing, counsel for the
moving party shall include in the notice of motion a statement to the following effect: ‘This motion is
made following the conference of counsel pursuant to L.R. 7-3 which took place on (date).’” Id. In
addition, the Court’s Standing Order further provides:

Initials of Deputy Clerk sr

Counsel should discuss the issues with sufficient detail so that if a motion is still
necessary, the briefing may be directed to those substantive issues requiring
resolution by the Court. . . . All 7-3 conferences shall take place via a communication
method that, at a minimum, allows all parties to be in realtime communication (letters
and e-mail, for example, do not constitute a proper 7-3 conference). . . . Within three
days of the conference, counsel shall file a joint statement indicating the date,
duration, and communication method of the conference. In addition, the joint
statement shall detail the issues discussed and resolved during the conference and
the issues remaining.
Standing Order [Docket No. 8] at ¶ 5(b).
On July 23, 2015, Defendant Bank of America, N.A. (“BofA”) filed a Motion to Dismiss
Plaintiff's Complaint, Pursuant to F.R.C.P. 12(b)(6) . BofA failed to comply with paragraph 5(b) of
the Court’s Standing Order and noticed the hearing on the motion in the wrong court. On July 23,
2015, Defendants Select Portfolio Servicing, Inc. and HSBC BANK USA, N.A., as Trustee on
Behalf of the Certificate Holders of the Deutsche Bank Alt-A Securities Mortgage Loan Trust 2007AR1 (“Select Portfolio”) filed a Motion to Dismiss Complaint for Failure to State a Claim upon
Which Relief Can Be Granted. Select Portfolio failed to comply with paragraph 5(b) of the Court’s
Standing Order.
As a result, the Court STRIKES B of A's Motion to Dismiss and Select Portfolio's Motion to
Dismiss for failure to comply with paragraph 5(b) of the Court’s Standing Order. If either BofA or
Select Portfolio wish to re-file its Motion, counsel shall meet and confer with Plaintiff in person by
July 29, 2015. Within 3 days of the meet and confer, each party shall file a declaration setting
forth the issues resolved at the conference and those issues that were not resolved with a detailed
explanation of why those issues could not be resolved. If a Motion remains necessary, neither
BofA nor Select Portfolio shall file its respective Motion until 4 days after each party files the
declaration required by this Order.
IT IS SO ORDERED.

Initials of Deputy Clerk sr