Monteforte, et al., v. Bank of New York Mellon Trust Co., et al.,

Filing 17

ORDER REFERRING CASE TO VDRP AND STAYING PROCEEDINGS signed by Senior Judge William B. Shubb on 11/29/16, ORDERING that within 14 days of this Order, the parties shall contact the court's VDRP administrator, Sujean Park to start the process of s electing an appropriate neutral. Any party that objects to this referral to the VDRP shall file its objections within seven (7) days of this Order. This action is STAYED to provide the parties time to complete the VDRP session. No later than five (5) days after completion of the VDRP session, the parties shall file a joint statement indicating whether a settlement was reached. The Status (Pretrial Scheduling) Conference is RESET for 2/13/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. If a settlement is not reached through VDRP, the parties shall submit an Amended Joint Status Report no later than 1/30/2017. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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LAWRENCE P. MONTEFORTE,
MICHELLE R. MONTEFORTE, EN K.
CU, and SEN VAN NGUYEN,
Plaintiffs,

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CIV. NO. 2:16-1675 WBS EFB
ORDER REFERRING CASE TO VDRP AND
STAYING PROCEEDINGS

v.
THE BANK OF NEW YORK MELLON
TRUST COMPANY NA formerly
known as THE BANK OF NEW YORK
TRUST COMPANY NA as successor
in interest to JP MORGAN
CHASE BANK NA as trustee for
MASTER ADJUSTABLE RATE
MORTGAGES TRUST 2005-1,
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-1;
WELLS FARGO BANK, NA; CLEAR
RECON CORP.; and DOES 1
through 100 inclusive;
Defendants.
----oo0oo---The parties have agreed to participate in the court’s
Voluntary Dispute Resolution Program (“VDRP”).
IT IS THEREFORE ORDERED that:

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1.

Within fourteen (14) days of this Order, the

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parties shall contact the court’s VDRP administrator, Sujean

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Park, at [phone] or [e-mail], to start the

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process of selecting an appropriate neutral.

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carefully review and comply with Local Rule 271, which outlines

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the specifications and requirements of the VDRP.

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2.

The parties shall

Any party that objects to this referral to the

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VDRP shall file its objections within seven (7) days of this

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Order.

Such objections shall clearly outline why that party

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believes that the action is not appropriate for referral to the

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VDRP.

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3.

To avoid the unnecessary expenditure of costs and

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attorneys’ fees, this action is hereby stayed to provide the

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parties time to complete the VDRP session.

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(5) days after completion of the VDRP session, the parties shall

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file a joint statement indicating whether a settlement was

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reached.

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4.

No later than five

The court hereby resets the Status (Pretrial

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Scheduling) Conference for February 13, 2017.

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not reached through VDRP, the parties shall submit an Amended

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Joint Status Report no later than January 30, 2017.

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IT IS SO ORDERED.
Dated:

December 1, 2016

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If a settlement is