Jimenez v. Bank of America, N.A. et al

Filing 11

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE (Illston, Susan) (Filed on 5/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAIME JIMENEZ,

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United States District Court
For the Northern District of California

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No. C 12-0104 SI

Plaintiff,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

v.
BANK OF AMERICA, N.A., and
RECONTRUST COMPANY, N.A.,
Defendants.

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/

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On January 5, 2012, plaintiff filed this foreclosure-related action against defendants Bank of
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America and Recontrust Company. On March 13, 2012, defendants filed a motion to dismiss plaintiff’s
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complaint for failure to state a claim. A hearing is set for defendants’ motion on May 4, 2012.
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this
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foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference
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to assess this case’s suitability for mediation or a settlement conference. Plaintiff and Defendants’
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counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible
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but no later than May 31, 2012.
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Plaintiff and Defendants’ counsel shall be prepared to discuss the following subjects:
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(1)

Identification and description of claims and alleged defects in loan documents.

(2)

Prospects for loan modification.

(3)

Prospects for settlement.

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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:

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(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.

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In preparation for the telephone conference, counsel for Defendants shall do the following.
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United States District Court
For the Northern District of California

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(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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The ADR Unit will notify the parties of the date and time the telephone conference will be held.

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After the telephone conference, the ADR Unit will advise the Court of its recommendation for further

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ADR proceedings. The May 4, 2012 hearing date on defendants’ motion to dismiss is hereby

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VACATED. The motion will be reset for hearing, if necessary, after the conclusion of the ADR Unit’s

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involvement.

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IT IS SO ORDERED.

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Dated: May 1, 2012
SUSAN ILLSTON
United States District Judge

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