Casperson v. Bank of America et al

Filing 50

ORDER EXTENDING MEDIATION DEADLINE AND VACATING HEARING re 49 . Signed by Judge Thelton E. Henderson. (tehlc2, COURT STAFF) (Filed on 9/29/2011)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

DANA MAY CASPERSON,

6
7
8
9

Plaintiff,
v.
BANK OF AMERICA
CORPORATION; FIA CARD
SERVICES, N.A.; and DOES 1
through 30, inclusive,

NO. C11-01425 TEH
ORDER EXTENDING
MEDIATION DEADLINE AND
VACATING HEARING

Defendants.
11
For the Northern District of California

United States District Court

10

12
This matter comes before the Court on the joint stipulation of the parties filed
13
September 28, 2011, in which the parties requested this Court order adjournment of the
14
settlement conference presently scheduled with Magistrate Judge Spero on October 5, 2011,
15
and extend the deadline imposed by this Court for mediation, making a new deadline of
16
November 18, 2011. The parties explain that progress has been made towards securing a
17
refund for the Plaintiff, Ms. Casperson, but that there has been an unavoidable delay of up to
18
eight weeks in the processing of the refund, and that an adjournment of the present date and
19
extension of the deadline will allow time for the refund to be processed, which may aid in
20
reaching a settlement in this case.
21
With regards to the request that the settlement conference with Judge Spero be
22
adjourned, the request must be directed to Judge Spero, whose calendar the request impacts,
23
and not to this Court.
24
With regards to the request to extend the mediation deadline to November 18, 2011,
25
the Court notes that no such requests have been made previously, and therefore GRANTS the
26
request. No further extensions will be granted.
27
28

1

Furthermore, in light of the indication from the parties that progress is being made

2 towards settlement, the Court feels that the upcoming hearing date for Defendant Bank of
3 America’s motion to dismiss, currently set on October 17, 2011, is VACATED. Bank of
4 America may put the motion back on calendar at a later date by re-noticing the motion at
5 least 21 days prior to their requested hearing date.
6
7 IT IS SO ORDERED.
8
9 Dated: 9/29/2011
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2