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)

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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

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