Teixeira et al v. County of Alameda et al

Filing 36

DISREGARD - FILED IN ERROR; ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION 13 21 (Illston, Susan) (Filed on 2/26/2013) Modified on 2/26/2013 (Illston, Susan).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PANFILO FLORES, JR.,

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United States District Court
For the Northern District of California

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No. C 12-794 SI

Plaintiff,

ORDER DENYING DEFENDANTS’
MOTION TO DISMISS WITHOUT
PREJUDICE

v.
GMAC MORTGAGE, LLC, et al.,
Defendants.

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On June 11, 2012, defendants filed a motion to dismiss plaintiff’s complaint pursuant to Federal

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Rule of Civil Procedure 12(b)(6). However, during the pendency of defendants’ motion, the Court

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referred the action Alternative Dispute Resolution (ADR) for mediation on August 21, 2012. The

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parties continue to actively mediate their dispute. To date, four mediation sessions and conferences

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have been held. Although no agreement has yet been reached, the parties continue to pursue a non-

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judicial resolution and have scheduled another session for March 21, 2013.

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In light of the parties’ ongoing efforts, the Court finds it appropriate to DENY defendants’

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motion to dismiss WITHOUT PREJUDICE. Should the parties fail to reach a resolution, defendants

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may re-file their motion and the Court will consider it promptly. This Order resolves Docket No 8.

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IT IS SO ORDERED.

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Dated: February 25, 2013
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SUSAN ILLSTON
United States District Judge