Flores et al v. GMAC Mortgage, LLC et al

Filing 13

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE (Illston, Susan) (Filed on 6/18/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PANFILO FLORES, JR.,

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United States District Court
For the Northern District of California

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No. C 12-794 SI

Plaintiff,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

v.
GMAC MORTGAGE, LLC, ET AL.,

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Defendants.

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On February 17, 2012, plaintiff filed this foreclosure-related action against defendants GMAC

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Mortgage LLC, f/k/a GMAC Mortgage Corporation, Executive Trustee Services, LLC d/b/a ETS

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Services, LLC, and Mortgage Electronic Registration Systems, Inc. On June 11, 2012, defendants filed

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a motion to dismiss plaintiff’s complaint for failure to state a claim. A hearing is set for defendants’

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motion on July 27, 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 July 20, 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.

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(2)

Prospects for loan modification.

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(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:
(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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United States District Court
For the Northern District of California

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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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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 July 27, 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. The June 22, 2012 Case Management Conference is also VACATED.

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IT IS SO ORDERED.

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Dated: June 18, 2012
SUSAN ILLSTON
United States District Judge

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