Pacini et al v. Nationstar Mortgage
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR TELEPHONIC CONFERENCE (Illston, Susan) (Filed on 11/9/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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SUSAN PACINI and GARY FERNANDES
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ORDER REFERRING CASE TO ADR
UNIT FOR TELEPHONIC
CONFERENCE
Plaintiffs,
v.
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NATIONSTAR MORTGAGE, LLC at al.,
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Defendants.
No. C 12-04606 SI
/
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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. Plaintiffs’ 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 January 4, 2012.
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Plaintiffs’ 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 and
alleged improprieties in loan servicing.
(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.
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In preparation for the telephone conference, Plaintiffs 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 Plaintiffs are seeking a loan modification to resolve all or some of the claims,
Plaintiffs shall prepare a current, accurate financial statement and gather all of the
information and documents customarily needed to support a loan modification request.
Further, Plaintiffs 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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(1)
If Defendants are unable or unwilling to do a loan modification after receiving notice of
Plaintiffs’ request, counsel for Defendants shall promptly notify Plaintiffs 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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United States District Court
For the Northern District of California
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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 hearing on the pending motion to dismiss the First Amended Complaint is
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VACATED. Docket No. 15. The Court will reset a hearing on that motion if the ADR Unit notifies the
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Court that a settlement has not been reached and no further ADR proceedings will be held.
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IT IS SO ORDERED.
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Dated: November 9, 2012
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SUSAN ILLSTON
United States District Judge
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