Opinion
1:21-cv-01730-JLT-CDB
04-21-2023
AMALIA NECER, Plaintiff, v. PHH MORTGAGE CORPORATION., et al. Defendants.
ORDER HOLDING MOTION TO DISMISS IN ABEYANCE ORDER DIRECTING THE PARTIES TO FILE A JOINT STATUS REPORT (DOC. 20)
On December 6, 2021, Plaintiff Amalia Necer (“Plaintiff”) filed a complaint against Defendants PHH Mortgage Corporation and Western Progressive LLC (“Defendants”). (Doc. 1). On January 19, 2022, Defendants filed a motion to dismiss Plaintiff's complaint. (Doc. 20). On February 14, 2022, Plaintiff filed an opposition to Defendants' motion to dismiss and Defendants filed a reply on May 23, 2022. (Docs. 22, 26).
At the parties' request, this Court entered an order setting the matter for a settlement conference and convened for a pre-settlement conference on February 8, 2023. (Docs. 33, 34, 36). Following discussion among the parties, Defendants expressed willingness to extend to Plaintiff a trial loan payment plan and the Court ordered Plaintiff to submit a loan modification application to Defendant PHH Mortgage Corporation (“PHH”). (Doc. 36). Plaintiff submitted a loan modification application to PHH on February 14, 2023. (Doc. 38 p. 2). On March 15, 2023, PHH “offered Plaintiff a Trial Payment Plan under PHH Mortgage Services Modification Plan.” Id. Plaintiff noted she cannot evaluate a proffered modification without knowing the full terms. Id. Both parties stipulated to having the assigned magistrate judge rule on Defendants' motion to dismiss. Id. at 2-3. On March 24, 2023, the Honorable District Judge Jennifer L. Thurston referred Defendants' motion to dismiss to the undersigned. (Docs. 40, 41).
On April 20, 2023, the Court received from the parties' counsel an email reflecting that Plaintiff had received a trial payment plan with proposed terms Plaintiff found acceptable. (See Exhibit A, attached hereto). Plaintiff indicates she has already made the first trial payment in connected with the trial payment plan and that the parties are “looking to settle the rest of the case if possible once the final loan modification is signed after three-month trial period.” (See Attachment). The Court construes the parties' email as a request to stay consideration of the pending motion to dismiss.
Accordingly, in light of Plaintiff's ex parte representations, and good cause appearing, IT IS HEREBY ORDERED:
1. Defendants' motion to dismiss (Doc. 20) shall be held in ABEYANACE; and
2. The parties shall file a joint status report on or before August 1, 2023, addressing the posture of the parties' trial payment plan and setting forth how the parties intend to proceed with this action.
IT IS SO ORDERED.
EXHIBIT OMITTED