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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MARK GONZALES, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C -12-01987 EDL ORDER VACATING APRIL 11, 2013 CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE v. HOME SAVINGS OF AMERICA, Defendant. / 13 14 Plaintiff filed this action in state court against financial institution Home Savings of America 15 in connection with a residential mortgage loan, in which Plaintiff argues that he was misled by a 16 mortgage broker to enter into a subprime mortgage. After Plaintiff filed his lawsuit, Home Savings 17 entered receivership, and FDIC as Receiver removed this action on April 20, 2012. 18 In May 2012, the Court granted the FDIC’s request for a mandatory stay pursuant to the 19 Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), 12 U.S.C. § 1821. On 20 November 19, 2012, the Court issued a further stay in this case because Plaintiff was participating in 21 a trial loan modification program. On February 27, 2013, Plaintiff filed a status report stating that 22 the attorney-client relationship had been terminated and that Plaintiff was attempting to exhaust the 23 administrative claims process. On March 18, 2013, the Court granted Plaintiff’s counsel’s motion to 24 withdraw. Plaintiff is now proceeding pro se. 25 On March 19, 2013, the Court issued a notice setting a status conference for April 9, 2013, 26 which was subsequently continued to April 11, 2013. On April 2, 2013, the FDIC filed a status 27 conference statement, but Plaintiff did not file a statement. In its statement, the FDIC requests that 28 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, 1 because there are no issues requiring the Court’s attention at the status conference, the Court vacates 2 the April 11, 2013 status conference, and sets the following briefing schedule. The FDIC shall file 3 its motion to dismiss and/or motion to transfer no later than May 14, 2013. Pursuant to Civil Local 4 Rule 7-3(a), Plaintiff’s opposition to Defendant’s motion shall be filed and served no later than 5 fourteen days after the motion is filed. Defendant’s reply is due no later than seven days after the 6 opposition is filed. Civil L.R. 7-3(c). A hearing on Defendant’s motion is scheduled for June 18, 7 2013 at 9:00 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA. 8 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 10 United States District Court For the Northern District of California 9 and to call back later. Because Plaintiff is proceeding pro se in this matter, the Court may need to 11 contact him by telephone and so he should arrange, if possible, to have voicemail for the Court to 12 leave messages. 13 14 IT IS SO ORDERED. Dated: April 10, 2013 ELIZABETH D. LAPORTE United States Chief Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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