Davis, et al. v. Nationstar Mortgage, LLC, et al.

Filing 49

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/16/2017 ORDERING Attorneys Diane P. Cragg, Mike Aleali to confer with the plaintiffs telephonically regarding the alleged mortgage payments that the plaintiffs maintain were not credited to the ir account; ORDERING defendants Nationstar Mortgage, LLC, Mortgage Electronic Registration Systems, Inc., Ocwen Loan Servicing, LLC to brief the court regarding said conference within seven (7) days thereafter; ORDERING the plaintiff to respond within seven (7) after submission of the defendants' brief. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON DAVIS, et al., 12 Plaintiffs, 13 14 No. 2:16-cv-2599 KJM CKD PS v. ORDER NATIONSTAR MORTGAGE, LLC, et al., 15 Defendants. 16 Presently pending before the court are defendants’ motions to dismiss plaintiffs’ first 17 18 amended complaint (ECF Nos. 34, 36), which came on regularly for hearing on August 16, 2017. 19 Present at the hearing were plaintiffs Jason and Joann Davis, representing themselves; appearing 20 telephonically were Diane P. Cragg, representing defendants Nationstar Mortgage, LLC and 21 Mortgage Electronic Registration Systems, Inc.; Mike Aleali, representing Ocwen Loan 22 Servicing, LLC; and James T. Lee, representing Barrett Daffin Frappier Treder & Weiss, LLP. 23 During the hearing plaintiffs once again maintained that they have evidence that 24 defendants failed to credit their account for mortgage payments they made. The undersigned took the motions to dismiss under submission, but ordered the parties to 25 26 confer regarding the alleged mortgage payments, and report back to the court. 27 //// 28 //// 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. Defense counsel Diane P. Cragg and Mike Aleali shall confer with plaintiffs 3 telephonically regarding the alleged mortgage payments that plaintiffs maintain 4 were not credited to their account. 5 2. Within seven (7) days of this order, defendants Nationstar Mortgage, LLC, 6 Mortgage Electronic Registration Systems, Inc., and Ocwen Loan Servicing, LLC 7 shall brief the court regarding the conference with plaintiffs and whether anything 8 alleged or discussed affects the pending motions to dismiss. 9 3. 10 11 12 After the submission of defendants’ brief, plaintiffs shall have seven (7) days to respond. 4. The matter shall thereafter stand submitted. Dated: August 16, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 14/16-2599.davis v. nationstar.order re confer 19 20 21 22 23 24 25 26 27 28 2

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