Lyons et al v. Bank of America, NA et al

Filing 82


Download PDF
1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 No. C 11-1232 CW GINA LYONS and JERRY LYONS, on behalf of themselves and all others similarly situated, ORDER GRANTING MOTION TO RE-OPEN; REFERRING CASE TO MEDIATION (Docket No. 78) Plaintiffs, v. BANK OF AMERICA, NA and BAC HOME LOANS SERVICING, LP, a wholly owned subsidiary of Bank of America, Defendants. ________________________________/ This case was closed in November 2012 after the parties reached a settlement agreement. Defendant Bank of America, NA moves to re-open the case under Federal Rule of Civil Procedure 17 18 19 60(b) and requests an order to enforce certain terms of the parties’ settlement agreement. Plaintiffs Gina and Jerry Lyons do 20 not oppose Defendant’s motion to re-open but do oppose its request 21 for an order to enforce the settlement agreement. 22 23 24 After considering the parties’ submissions, the Court GRANTS Defendant’s motion to re-open (Docket No. 78). The parties’ dispute concerning the request for an order enforcing the 25 settlement agreement appears to be a relatively minor dispute 26 27 28 regarding the terms of the agreement itself. Accordingly, in order to resolve this dispute promptly, the Court directs the 1 parties to attend a mediation session with Gilda R. Turitz, the 2 mediator who helped them negotiate their original settlement, or 3 another mediator of their choice within three weeks of this order. 4 If the parties are unable to agree on a mediator, then they shall 5 notify the Court within four days so that the Court can refer them 6 to a magistrate judge to help them resolve this dispute. 7 8 IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 Dated: July 7, 2014 CLAUDIA WILKEN United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?