Acuna v. Wells Fargo Bank, N.A.

Filing 4

ORDER REFERRING CASE to ADR Unit for assessment telephone conference. Signed by Judge Nathanael Cousins on 3/25/13. (lmh, COURT STAFF) (Filed on 3/25/2013)

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 TERESA DE JESUS ACUNA, Case No. 13-cv-01310 NC 12 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Plaintiff, 13 v. 14 WELLS FARGO BANK, N.A., 15 Defendant. 16 17 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 18 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone 19 conference to assess this case’s suitability for mediation or a settlement conference. 20 Plaintiff’s and Defendant’s counsel shall participate in a telephone conference, to be 21 scheduled by the ADR Unit as soon as possible but no later than April 29, 2013. 22 Plaintiff’s and Defendant’s counsel shall be prepared to discuss the following 23 subjects: 24 (1) Identification and description of claims and alleged defects in loan documents. 25 (2) Prospects for loan modification. 26 (3) Prospects for settlement. 27 The parties need not submit written materials to the ADR Unit for the telephone 28 conference. Case No. 13-cv-01310 NC ORDER REFERRING CASE TO ADR UNIT 1 In preparatio for the te n on elephone co onference, P Plaintiff’s c counsel shal do the ll ng: 2 followin 3 (1) Review relevant loan docum w ments and in nvestigate th claims to determine he o e r 4 whether they have merit. 5 (2 2) If Plai intiff is seek king a loan modificatio to resolv all or som of the cl on ve me laims, f are nt, tatement an gather all of the nd l 6 Plaintiff shall prepa a curren accurate financial st tion ocuments cu ustomarily needed to su n upport a loa modifica an ation reques st. 7 informat and do all ately notify Defendant counsel o the reque for y t’s of est 8 Further, Plaintiff’s counsel sha immedia m n. 9 a loan modification 10 0 (3 3) Provid counsel for Defenda with inf de f ant formation n necessary to evaluate th o he ts m rm ancial statem ment, work ksheet or 11 prospect for loan modification, in the for of a fina 1 b l ns. 12 application customarily used by financial institution 2 13 3 (4 4) 14 4 In preparatio for the te n on elephone co onference, c counsel for Defendant shall do the e Arrang for Plain to parti ge ntiff icipate in th telephone conferenc he e ce. ng: 15 followin 5 16 6 (1) If Def fendant is un nable or un nwilling to d a loan m do modification after receiv n ving s ounsel for Defendant s D shall promp notify P ptly Plaintiff’s counsel 17 notice of Plaintiff’s request, co 7 e 18 to that effect. 8 19 9 (2 2) Arrang for a rep ge presentative of Defenda with ful settlemen authority to e ant ll nt ate elephone co onference. 20 participa in the te 0 21 1 Th ADR Un will notify the parties of the da and time the teleph he nit ate e hone confere ence h one ence, the AD Unit wi advise th Court of i DR ill he its 22 will be held. After the telepho confere 2 mendation fo further ADR proceedings. or A 23 recomm 3 24 4 25 5 IT IS SO OR T RDERED. 26 6 Date: March 25, 2013 27 7 ____ __________ __________ _____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 28 8 Case No. 13-cv-01310 NC ORDER REFERRIN CASE TO ADR R NG O UNIT 2