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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON DAVIS, et al.,

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Plaintiffs,

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No. 2:16-cv-2599 KJM CKD PS

v.

ORDER

NATIONSTAR MORTGAGE, LLC, et al.,

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Defendants.

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Presently pending before the court are defendants’ motions to dismiss plaintiffs’ first

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amended complaint (ECF Nos. 34, 36), which came on regularly for hearing on August 16, 2017.

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Present at the hearing were plaintiffs Jason and Joann Davis, representing themselves; appearing

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telephonically were Diane P. Cragg, representing defendants Nationstar Mortgage, LLC and

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Mortgage Electronic Registration Systems, Inc.; Mike Aleali, representing Ocwen Loan

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Servicing, LLC; and James T. Lee, representing Barrett Daffin Frappier Treder & Weiss, LLP.

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During the hearing plaintiffs once again maintained that they have evidence that

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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

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confer regarding the alleged mortgage payments, and report back to the court.

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Accordingly, it is HEREBY ORDERED that:

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1.

Defense counsel Diane P. Cragg and Mike Aleali shall confer with plaintiffs

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telephonically regarding the alleged mortgage payments that plaintiffs maintain

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were not credited to their account.

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2.

Within seven (7) days of this order, defendants Nationstar Mortgage, LLC,

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Mortgage Electronic Registration Systems, Inc., and Ocwen Loan Servicing, LLC

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shall brief the court regarding the conference with plaintiffs and whether anything

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alleged or discussed affects the pending motions to dismiss.

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3.

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After the submission of defendants’ brief, plaintiffs shall have seven (7) days to
respond.

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The matter shall thereafter stand submitted.

Dated: August 16, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/16-2599.davis v. nationstar.order re confer

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