Flores et al v. GMAC Mortgage, LLC et al

Filing 21


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 PANFILO FLORES, JR., 9 United States District Court For the Northern District of California 10 11 12 No. C 12-794 SI Plaintiff, ORDER DENYING DEFENDANTS’ MOTION TO DISMISS WITHOUT PREJUDICE v. GMAC MORTGAGE, LLC, et al., Defendants. / 13 14 On June 11, 2012, defendants filed a motion to dismiss plaintiff’s complaint pursuant to Federal 15 Rule of Civil Procedure 12(b)(6). However, during the pendency of defendants’ motion, the Court 16 referred the action Alternative Dispute Resolution (ADR) for mediation on August 21, 2012. The 17 parties continue to actively mediate their dispute. To date, four mediation sessions and conferences 18 have been held. Although no agreement has yet been reached, the parties continue to pursue a non- 19 judicial resolution and have scheduled another session for March 21, 2013. 20 In light of the parties’ ongoing efforts, the Court finds it appropriate to DENY defendants’ 21 motion to dismiss WITHOUT PREJUDICE. Should the parties fail to reach a resolution, defendants 22 may re-file their motion and the Court will consider it promptly. This Order resolves Docket No 8. 23 24 IT IS SO ORDERED. 25 Dated: February 25, 2013 26 27 28 SUSAN ILLSTON United States District Judge

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