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

Filing 82

ORDER GRANTING MOTION TO RE-OPEN 78 ; REFERRING CASE TO MEDIATION (cwlc3S, COURT STAFF) (Filed on 7/7/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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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

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60(b) and requests an order to enforce certain terms of the
parties’ settlement agreement.

Plaintiffs Gina and Jerry Lyons do

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not oppose Defendant’s motion to re-open but do oppose its request

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for an order to enforce the settlement agreement.

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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

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settlement agreement appears to be a relatively minor dispute
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regarding the terms of the agreement itself.

Accordingly, in

order to resolve this dispute promptly, the Court directs the

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parties to attend a mediation session with Gilda R. Turitz, the

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mediator who helped them negotiate their original settlement, or

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another mediator of their choice within three weeks of this order.

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If the parties are unable to agree on a mediator, then they shall

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notify the Court within four days so that the Court can refer them

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to a magistrate judge to help them resolve this dispute.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: July 7, 2014

CLAUDIA WILKEN
United States District Judge

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