Natividad et al v. Wells Fargo Bank, N.A. et al

Filing 38

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 9/26/2012. (ahm, COURT STAFF) (Filed on 9/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLORIA Q. NATIVIDAD, et al.,

Northern District of California

United States District Court

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Plaintiffs,

Case No.: C12-3646 JSC
ORDER REFERRING CASE TO ADR UNIT FOR
ASSESSMENT TELEPHONE CONFERENCE

v.

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WELLS FARGO BANK, N.A., et al.,
Defendants.

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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

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

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Plaintiffs and each of the Defendants shall participate in the telephone conference, to be

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scheduled by the ADR Unit, as soon as possible but not later than October 11, 2012.

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Counsel shall be prepared to discuss the following:
(1) Identification and description of claims and alleged defects in loan origination and
foreclosure procedures.

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(2) Prospects for further loan modification.

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(3) Prospects for settlement.

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(4) Identification of those Defendants who should attend any settlement conference

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in light of the allegations as to the current ownership of Plaintiffs’ loan.

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The Parties need not submit written materials to the ADR Unit for the telephone conference.

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In preparation for the telephone conference, counsel for Plaintiffs shall do the following:

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(1) Review the loan documents and investigate the claims to determine whether they
have merit.

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(2) If Plaintiffs are seeking a loan modification to resolve all or some of the claims,

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Plaintiffs shall prepare a current, accurate financial statement and gather all of the

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information and documents customarily needed to support a loan modification

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request. Further, Plaintiffs shall immediately notify the appropriate Defendants’

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counsel of the request for a loan modification.

Northern District of California

United States District Court

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(3) Provide counsel for Defendants with information necessary to evaluate the prospects

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for loan modification, in the form of a financial statement, worksheet or application

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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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(1) If Defendants are unwilling or unable to do a loan modification after receiving notice

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of Plaintiffs’ request, counsel for Defendants shall promptly notify Plaintiffs to that

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effect.

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(2) Arrange for a representative of each Defendant with full settlement authority to
participate in the telephone conference.
The ADR unit will notify parties of the date and time the telephone conference will be

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held. After the telephone conference, the ADR Unit will advise the Court of its recommendation

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for further ADR proceedings. In the meantime, the October 4, 2012 hearing on Defendants’

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motions to dismiss and to strike claims is VACATED. The Court will reschedule the hearing after

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the ADR assessment and/or ADR proceedings are complete, if necessary.

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IT IS SO ORDERED.

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Dated: September 26, 2012

JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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