De Leon v. Bank of America, N.A. et al

Filing 10

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE AND VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS (Illston, Susan) (Filed on 12/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO DE LEON,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 11-5229 SI
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

v.
BANK OF AMERICA, et al.,
Defendants.

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On September 19, 2011, plaintiff filed a complaint against defendants Bank of America, BAC

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Home Loans Servicing and FRLAP, Inc. in the Superior Court of California, County of Marin. Plaintiff

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alleges that defendants engaged in a variety of unfair and fraudulent behavior with respect to a mortgage

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loan initiated in 2004. Defendants thereafter removed this case to this Court based on diversity

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jurisdiction in accordance with 12 U.S.C. § 1332. See Doc. 1 at 2.

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On November 2, 2011, defendants filed a motion to dismiss plaintiff’s complaint. A hearing is

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scheduled for the motion on January 27, 2012. The hearing set for January 27, 2012 is hereby

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VACATED. Pursuant to Civil Local Rule 16-8 and ADR Local Rule the Court refers this

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foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone

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conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff’s and

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defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as

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soon as possible, but no later than January 27, 2012.

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In preparation for the telephone conference, plaintiff shall do the following:
(1)

Review relevant loan documents and investigate the claims to determine whether
they have merit.

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(2)

If plaintiff is seeking a loan modification to resolve all or some of the claims,
plaintiff shall prepare a current, accurate financial statement and gather all of the
information and documents customarily needed to support a loan modification
request. Further, plaintiff shall immediately notify defendants’ counsel of the
request for a loan modification.

(3)

Provide counsel for defendants with information necessary to evaluate the
prospects for loan modification, in the form of a financial statement, worksheet
or application customarily used by financial institutions.

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In preparation for the telephone conference, counsel for defendants shall do the following.
(1)

If defendants are unable or unwilling to do a loan modification after receiving
notice of plaintiff’s request, counsel for defendants shall promptly notify plaintiff
to that effect.

(2)

Arrange for a representative of each defendant with full settlement authority to
participate in the telephone conference.

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United States District Court
For the Northern District of California

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The ADR Unit will notify the parties of the date and time the telephone conference will be held.
After the telephone conference, the ADR Unit will advise the Court of its recommendation for further
ADR proceedings. The Court will not reset defendants’ motion to dismiss for hearing until after it
receives the recommendations from the ADR Unit.

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IT IS SO ORDERED.

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Dated: December 19, 2011
SUSAN ILLSTON
United States District Judge

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