GARCIA v. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, et al

Filing 29

STIPULATION AND ORDER AS MODIFIED re 28 . STIPULATION WITH PROPOSED ORDER re 23 Stipulation and Order, Case Referred to Mediation, (Extending Deadline to Complete ADR) filed by PEDRO GARCIA, U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. ADR deadline: 7/10/18. Case Management Statement due by 8/7/2018. Further Case Management Conference set for 8/14/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 5/11/18. (sisS, COURT STAFF) (Filed on 5/11/2018)

1 ALEX G. TSE (CABN 152348)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 DAVID A. PEREDA (CABN 237982)
Assistant United States Attorney
1301 Clay Street, Suite 340S
4
Oakland, CA 94612
Telephone: [phone]
5
FAX: [phone]
[e-mail]
6
7 Attorneys for Defendant
U.S. Department of Housing and Urban Development
8
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
OAKLAND DIVISION
12
13
14
15
16
17
18
19
20
21
22
23

PEDRO GARCIA, SPECIAL ADMINSTER
OF THE ESTATE OF ESTHER ALVIDREZ
GARCIA,

)
)
)
)
Plaintiff,
)
)
v.
)
)
U.S. DEPARTMNET OF HOUSING &
)
URBAN DEVELOPMENT; SECRETARY OF )
HOUSING AND URBAN DEVELOPMENT )
OF WASHING D.C.; NOVAD
)
MANAGEMENT CONSULTING, LLC,
)
CIMARRON SERVICVE CORP OF
)
NEVADA; AND DOES 1 through 50,
)
inclusive.
)
)
Defendants.
)
)
)

Case No.: C17-04441 KAW
STIPULATION CONTINUING DEADLINE TO
COMPLETE MEDIATION; [PROPOSED
ORDER] AS MODIFIED

24
25
26
27
28 STIPULATION; [PROPOSED] ORDER
C17-04441 KAW

1

1

Pursuant to Civil L.R. 7-12, the parties, through their counsel, hereby stipulate as follows:

2

1.

In this case, Plaintiff alleges that there was an improper foreclosure on his home.

3

Plaintiff’s mother previously owned the home and secured a Home Equity Conversion Mortgage for

4

Seniors on the property. The HECM program, generally, allows a senior to receive cash by transferring

5

equity in his or her home to a lender. The U.S. Department of Housing and Urban Development

6

insured the loan. HUD claims that the loan became due upon Plaintiff’s mother’s passing and that

7

HUD now owns the home. Plaintiff claims that there were errors in the process and the foreclosure

8

should be set aside.
2.

9
10

On January 12, 2018, the Court referred the case to mediation. ECF No. 23. The

deadline to complete mediation is May 11, 2018. Id.

11

3.

On February 22, 2018, the Court appointed Jay Folberg as the mediator. ECF No. 26.

12

4.

On March 22, 2018, the parties held a pre-mediation call with Mr. Folberg. The parties

13

have been working to position the case for a potential settlement. The parties discussed the case and

14

their efforts with Mr. Folberg.
5.

15

The parties’ efforts are ongoing. The parties have taken several important steps towards

16

reaching a potential resolution. Some important pieces, though, have not yet fallen into place despite

17

the parties’ diligent efforts.
6.

18

The parties have scheduled a mediation session with Mr. Folberg for June 29, 2018. This

19

date allows time for the parties to exhaust their efforts to complete certain legwork. Also, this date

20

works best for Mr. Folberg.

21

///

22
23
24
25
26
27
28 STIPULATION; [PROPOSED] ORDER
C17-04441 KAW

2

1
7.

2
3

Given all this, the parties agree to continue the deadline to complete mediation to July 10,

2018.

4
5 DATED: May 10, 2018

Respectfully submitted,

6

ALEX G. TSE
Acting United States Attorney

7
/s/ David Pereda
DAVID PEREDA
Assistant United States Attorney
Attorney for Defendant

8
9
10
11

LAW OFFICES OF RICHARD SAX

12

/s/ * Richard Sax
RICHARD SAX
Attorneys for Plaintiff

13
14
15

*CERTIFICATION
16
Pursuant to Civil L.R. 5-1(i)(3), I, David Pereda, hereby attest that Mr. Sax concurred in the
17
18

filing of this document.

19
20

[PROPOSED] ORDER

21

The deadline to complete mediation in the above-captioned action is hereby continued from May

22 11, 2018, to July 10, 2018. The June 12, 2018, Case Management Conference is continued to August
23 14, 2018. The joint case management conference statement is due by August 7, 2018.
24
25
26

IT IS SO ORDERED.
5/11/18
Dated: __________________________

27

______________________________
KANDIS A. WESTMORE
United States Magistrate Judge

28 STIPULATION; [PROPOSED] ORDER
C17-04441 KAW

3