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