Sowinski v. Wells Fargo Bank, N.A.

Filing 28

ORDER STAYING CASE PENDING MEDIATION. Signed by Judge Samuel Conti on 05/24/2012. Case is stayed until Aug. 24, 2012. (sclc2, COURT STAFF) (Filed on 5/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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RICHARD SOWINSKI,
Plaintiff,

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) Case No. 11-6431 SC
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) ORDER STAYING CASE PENDING
) MEDIATION
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v.
WELLS FARGO BANK, N.A.,
Defendant.

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On February 27, 2012, Plaintiff Richard Sowinski ("Plaintiff")

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filed his First Amended Complaint against Defendant Wells Fargo

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Bank, N.A. ("Defendant").

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Plaintiff alleges that Defendant improperly foreclosed on and sold

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at a trustee sale his Walnut Creek residence.

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currently pending before the Court: (1) Defendant's Motion to

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Dismiss the FAC, ECF No. 18; and (2) Defendant's Motion to Expunge

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Lis Pendens, ECF No. 19.

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and noticed for hearing on May 4, 2012.

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from Plaintiff was due on March 23, 2012, and any reply from

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Defendant was due on March 30, 2012.

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submitted additional briefing.

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ECF No. 14 ("FAC").

Generally,

Id.

Two motions are

Both motions were filed on March 9, 2012,
Accordingly, any response

However, neither party

In these circumstances, the Court normally would issue an
Order to Show Cause ("OSC") why the case should not be dismissed

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for Plaintiff's failure to prosecute.

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the parties filed a stipulation to undergo private mediation.

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No. 25.

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No. 26 ("ADR Order").

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However, on May 18, 2012,

The Court approved the stipulation on May 22, 2012.

ECF
ECF

Rather than issue an OSC at this time, the Court will stay the

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matter pending the parties' attendance at mediation.

The parties

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agreed to attend mediation by the presumptive deadline of 90 days

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after entry of the ADR Order, i.e., August 22, 2012.

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on or before Friday, August 24, 2012, the Court shall receive

Accordingly,

United States District Court

For the Northern District of California

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through its electronic filing system either (1) a notice of

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voluntary dismissal, if the parties reach settlement, or (2) a

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single, joint statement advising the Court whether the pending

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Motions to Dismiss and to Expunge Lis Pendens are ripe for

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decision.

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rules and general orders, and shall not exceed three (3) pages.

Any joint statement shall conform to the Court's local

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IT IS SO ORDERED.

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Dated: May 24, 2012
UNITED STATES DISTRICT JUDGE

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