Gonzales v. Home Savings of America, F.A. et al

Filing 28

ORDER VACATING APRIL 11, 2013 CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE: Motions due by 5/14/2013. Motion Hearing set for 6/18/2013 09:00 AM in Courtroom E, 15th Floor, San Francisco before Chief Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 4/10/2013. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 4/10/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK GONZALES,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-01987 EDL
ORDER VACATING APRIL 11, 2013
CASE MANAGEMENT CONFERENCE
AND SETTING BRIEFING SCHEDULE

v.
HOME SAVINGS OF AMERICA,
Defendant.

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Plaintiff filed this action in state court against financial institution Home Savings of America

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in connection with a residential mortgage loan, in which Plaintiff argues that he was misled by a

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mortgage broker to enter into a subprime mortgage. After Plaintiff filed his lawsuit, Home Savings

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entered receivership, and FDIC as Receiver removed this action on April 20, 2012.

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In May 2012, the Court granted the FDIC’s request for a mandatory stay pursuant to the

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Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), 12 U.S.C. § 1821. On

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November 19, 2012, the Court issued a further stay in this case because Plaintiff was participating in

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a trial loan modification program. On February 27, 2013, Plaintiff filed a status report stating that

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the attorney-client relationship had been terminated and that Plaintiff was attempting to exhaust the

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administrative claims process. On March 18, 2013, the Court granted Plaintiff’s counsel’s motion to

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withdraw. Plaintiff is now proceeding pro se.

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On March 19, 2013, the Court issued a notice setting a status conference for April 9, 2013,

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which was subsequently continued to April 11, 2013. On April 2, 2013, the FDIC filed a status

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conference statement, but Plaintiff did not file a statement. In its statement, the FDIC requests that

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the Court set a briefing schedule for a motion to dismiss based on failure to exhaust the
administrative claims process and/or a motion to transfer to the District of Minnesota. Accordingly,

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because there are no issues requiring the Court’s attention at the status conference, the Court vacates

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the April 11, 2013 status conference, and sets the following briefing schedule. The FDIC shall file

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its motion to dismiss and/or motion to transfer no later than May 14, 2013. Pursuant to Civil Local

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Rule 7-3(a), Plaintiff’s opposition to Defendant’s motion shall be filed and served no later than

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fourteen days after the motion is filed. Defendant’s reply is due no later than seven days after the

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opposition is filed. Civil L.R. 7-3(c). A hearing on Defendant’s motion is scheduled for June 18,

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2013 at 9:00 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA.

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Further, the Court has attempted to reach Plaintiff by telephone on numerous occasions
during the weeks of April 1 and April 8, 2013. Plaintiff’s telephone message states that he is busy

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United States District Court
For the Northern District of California

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and to call back later. Because Plaintiff is proceeding pro se in this matter, the Court may need to

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contact him by telephone and so he should arrange, if possible, to have voicemail for the Court to

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leave messages.

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IT IS SO ORDERED.
Dated: April 10, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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