Hoomaian et al v. Wilimington Savings Fund Society, FSB et al

Filing 51

ORDER FOR FACILITATION. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES HOOMAIAN and
LISA HOOMAIAN,
Plaintiffs,
Case No. 4:16-CV-13596
Hon. Terrence G. Berg

v.
WILMINGTON SAVINGS FUND
SOCIETY, FSB, BANK OF
AMERICA, N.A. AND FAY SERVICING,
LLC,
Defendants.

ORDER FOR FACILITATION
Pursuant to Federal Rule of Civil Procedure 16(c)(2)(P), the Court
refers this matter for an early settlement conference in accordance with
the following provisions:
1. The early settlement conference shall be conducted by the
following neutral facilitator:
Fred M. Mester
The Office of Fred M. Mester, P.C.
41000 Woodward Avenue
Bloomfield Hills, MI 48304
248-804-9036
[e-mail]
2. The purpose of the conference is to attempt to resolve the
litigation in a prompt, efficient, and fair manner.
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3. The conference shall take place at a date, time, and location to
be selected by the facilitator, but not later than thirty (30) days from
today’s date. If the litigation cannot be resolved at the conference, the
facilitator may convene additional sessions, by phone or in person.
4. The facilitator shall be compensated at a rate of $150 per hour;
however, total fees assessed in connection with this matter may not
exceed $1,000. The parties shall pay the facilitator’s fees equally (50%
for Plaintiff/50% for Defendants).
5. Within seven (7) days of today’s date, counsel shall contact the
facilitator to discuss a mutually convenient date, time, and location for
the conference, and such other issues as the participants may wish to
address.
6. In addition to counsel, individuals with full and final settlement
authority must be physically present at the conference. Participation by
telephone is not permitted, unless permitted by the facilitator.
7. Seven (7) days prior to the scheduled conference, or at such
other time as the facilitator may direct, counsel for each party shall
submit written statements, not to exceed five pages in length, to each
other and to the facilitator, setting forth: (i) that party’s position on the
disputed and undisputed issues involved in this case and that party’s
view on how those issues should be resolved; (ii) a summary of the
substance of any settlement discussions that have taken place to date;
(iii) proposed action for resolving this case; and (iv) any perceived
obstacles to full and final resolution of this case. These statements shall
not be filed on the Court’s docket or otherwise disclosed to the Court.

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8. The facilitator shall apprise the Court of the progress of
settlement efforts through use of SCAO Form MC 280 (“Mediation
Status Report”), which can be found here:
http://courts.michigan.gov/Administration/SCAO/Forms/courtforms/alte
rnativedisputeresolution/mc280.pdf
9. Until further order of the Court, the parties shall not serve
discovery, responses to discovery, or disclosures, and shall not file any
motions, responses to motions already filed, or responsive pleadings. All
motions currently pending on the Court’s docket are hereby DENIED
WITHOUT PREJUDICE. Should this case fail to settle through the
facilitation process, any motion denied without prejudice by this order
may be re-filed. Any upcoming court hearings or conferences are
adjourned until further notice.

SO ORDERED.
Dated: January 9, 2018

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically filed, and the parties
and/or counsel of record were served on January 9, 2018.
s/A. Chubb
Case Manager

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