Centeno v. OneWest Bank et al

Filing 12


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 SALVADOR CENTENO, 9 United States District Court For the Northern District of California 10 11 12 No. C 11-05480 SI Plaintiff, ORDER RE: MOTION TO DISMISS; REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE v. ONEWEST BANK et al., Defendants. / 13 14 On September 9, 2011, plaintiff filed a complaint against defendants OneWest Bank and 15 Mortgage Electronic Registration Systems, Inc. in the Superior Court of California, County of Alameda. 16 Plaintiff alleges that defendants engaged in a variety of unfair and fraudulent behavior with respect to 17 a mortgage loan initiated in 2006. Defendants thereafter removed this case to this Court in accordance 18 with 12 U.S.C. § 1331. See Doc. 1 at 2. 19 On November 17, 2011, defendants filed a motion to dismiss plaintiff’s complaint. A hearing 20 is scheduled for the motion on December 27, 2011. The hearing set for December 27, 2011 is hereby 21 VACATED. Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 22 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference 23 to assess this case’s suitability for mediation or a settlement conference. Plaintiffs and defendants’ 24 counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible 25 but no later than January 6, 2012. 26 27 28 Plaintiff’s and defendants’ counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. 1 (2) Prospects for loan modification. 2 (3) Prospects for settlement. 3 4 5 The parties need not submit written materials to the ADR Unit for the telephone conference. In preparation for the telephone conference, plaintiff shall do the following: 6 (1) Review relevant loan documents and investigate the claims to determine whether they have merit. (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. 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 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. 17 18 19 The ADR Unit will notify the parties of the date and time the telephone conference 20 will be held. After the telephone conference, the ADR Unit will advise the Court of its 21 recommendation for further ADR proceedings. The Court will not reset defendants’ motion 22 to dismiss for hearing until after it receives the recommendations from the ADR Unit. 23 24 25 IT IS SO ORDERED. Dated: December 19, 2011 SUSAN ILLSTON United States District Judge 26 27 28 2

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