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

Filing 45

ORDER granting 44 Request To Be Excused From Client Participation by Wells Fargo Bank, N.A. At The October 3, 2012 ADR Teleconference filed by Wells Fargo Bank, N.A. Signed by Magistrate Judge Jacqueline Scott Corley on 10/2/2012. (ahm, COURT STAFF) (Filed on 10/2/2012)

1 MARY KATE SULLIVAN (State Bar No. 180203)
NATILEE S. RIEDMAN (State Bar No. 257871)
2 [e-mail]
SEVERSON & WERSON
3 A Professional Corporation
One Embarcadero Center, Suite 2600
4 San Francisco, California 94111
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
WELLS FARGO BANK, N.A.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA—
SAN FRANCISCO DIVISION

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11 GLORIA Q. NATIVIDAD; FELICISIMO M.
NATIVIDAD,
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Plaintiffs,
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vs.
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WELLS FARGO BANK, N.A.; FIRST
15 AMERICAN LOANSTAR SERVICES, LLC,
a Texas limited liability company, DBA
16 FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC and FIRST AMERICAN
17 LOANSTAR TRUSTEE SERVICES, LLC;
NEWBURY PLACE REO III, LLC.; BSI
18 FINANCIAL SERVICES, INC.; and all
persons or entities unknown claiming any legal
19 or equitable right, title, estate, lien or interest
in the property described in this Complaint
20 adverse to Plaintiffs’ title thereto, and DOES 1
through 25, inclusive,
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Defendants.
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Case No. CV 12-03646-JSC
REQUEST TO BE EXCUSED FROM
CLIENT PARTICIPATION BY WELLS
FARGO BANK, N.A. AT THE OCTOBER
3, 2012 ADR TELECONFERENCE;
[PROPOSED] ORDER
Date: October 3, 2012
Time: 10:00 a.m.
Judge: Hon. Jacqueline Scott Corley
Action Filed:
Trial Date:

May 2, 2012
None Set

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On September 26, 2012, the Court in the above-captioned action issued an order, referring

25 the case to the ADR unit for an assessment telephone conference. (See docket entry number
26 38.) In the September 26, 2012 order, the Court requested that the defendants arrange for a
27 representative to participate in the telephone conference, for the purpose of discussing the
28 possibility of another loan modification review. (Id.) On or around September 27, 2012, the ADR
CV 12-03646-JSC
REQUEST TO BE EXCUSED FROM CLIENT PARTICIPATION BY WELLS FARGO BANK, N.A. AT THE
OCTOBER 3, 2012 ADR TELECONFERENCE; [PROPOSED] ORDER

55002.0045/2409996.1

1 department issued a scheduling notice, setting an ADR conference call for October 3, 2012. (See
2 docket entry number 39.)
3

As detailed further in the motion to dismiss filed by Wells Fargo Bank, N.A. (
“Wells

4 Fargo Wells Fargo does not have any current relationship to the loan that is the subject matter of
”),
5 this litigation. Thus, Wells Fargo would be unable to meaningfully participate in any discussions
6 concerning the possibility of a loan modification. Accordingly, Wells Fargo respectfully requests
7 that the Court allow Wells Fargo to be excused from producing a client representative at the
8 October 3, 2012 ADR telephone conference. Counsel for Wells Fargo, of course, would happily
9 participate and will be fully apprised of the case status and any settlement position on the part of
10 Wells Fargo.
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12 DATED: October 2, 2012
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SEVERSON & WERSON
A Professional Corporation

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By:

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/s/ Natilee S. Riedman
Natilee S. Riedman

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Attorneys for Defendant
WELLS FARGO BANK, N.A.

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CV 12-03646-JSC
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REQUEST TO BE EXCUSED FROM CLIENT PARTICIPATION BY WELLS FARGO BANK, N.A. AT THE
OCTOBER 3, 2012 ADR TELECONFERENCE; [PROPOSED] ORDER

55002.0045/2409996.1

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[PROPOSED] ORDER
Having reviewed the request by Wells Fargo, and good cause appearing, the Court hereby

3 ORDERS that Wells Fargo shall be excused from producing a client representative at the October
4 3, 2012 ADR conference call. Counsel for Wells Fargo shall participate.
5

IT IS SO ORDERED.

October 2
6 DATED: _______________, 2012
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8
United States District Court Judge
Jacqueline Scott Corley

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CV 12-03646-JSC
REQUEST TO BE EXCUSED FROM CLIENT PARTICIPATION BY WELLS FARGO BANK, N.A. AT THE
OCTOBER 3, 2012 ADR TELECONFERENCE; [PROPOSED] ORDER

55002.0045/2409996.1