Pinheiro v. Washington Mutual Bank, FA et al

Filing 9

ORDER REFERRING CASE TO ADR UNIT FOR EARLY INITIAL SCREENING TELEPHONE CONFERENCE.. Signed by Judge Nathanael M. Cousins on 10/25/2012. (nclc1S, COURT STAFF) (Filed on 10/25/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 KEILA PINHEIRO,

Case No. 12-cv-05165 NC

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ORDER REFERRING CASE TO
ADR UNIT FOR ASSIGNMENT
TELEPHONE CONFERENCE

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Plaintiff,
v.

14 WASHINGTON MUTUAL BANK, F.A.,
JPMORGAN CHASE BANK, N.A., and

15 DOES 1-20,
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Defendants.

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this

19 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
20 conference to assess this case’s suitability for mediation or a settlement conference.
21 Plaintiff and Defendants’ counsel shall participate in a telephone conference, to be
22 scheduled by the ADR Unit as soon as possible but no later than November 29, 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

28 conference.
Case No. 12-cv-05165 NC
ORDER REFERRING CASE TO ADR
UNIT

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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

3 whether they have merit.
(2)

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If Plaintiff is seeking a loan modification to resolve all or some of the claims,

5 Plaintiff shall prepare a current, accurate financial statement and gather all of the
6 information and documents customarily needed to support a loan modification request.
7 Further, Plaintiff shall immediately notify Defendants’ counsel of the request for a loan
8 modification.
(3)

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Provide counsel for Defendants with information necessary to evaluate the

10 prospects for loan modification, in the form of a financial statement, worksheet or
11 application customarily used by financial institutions.
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In preparation for the telephone conference, counsel for Defendants shall do the

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14 following:
(1)

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If Defendants are unable or unwilling to do a loan modification after receiving

16 notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to that
17 effect.
(2)

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Arrange for a representative of each Defendant with full settlement authority to

19 participate in the telephone conference.
The ADR Unit will notify the parties of the date and time the telephone conference

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21 will be held. After the telephone conference, the ADR Unit will advise the Court of its
22 recommendation for further ADR proceedings.
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Case No. 12-cv-05165 NC
ORDER REFERRING CASE TO ADR
UNIT

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For additional guidance, Plaintiff may refer to the Court’s Pro Se Handbook,

2 available on the Court’s website at http://www.cand.uscourts.gov/prosehandbook, or
3 contact the Legal Help Center, which provides information and limited-scope legal advice
4 to pro se litigants in civil cases. The Legal Help Center requires an appointment, which can
5 be made by calling [phone] x8657.
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IT IS SO ORDERED.

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Date: October 25, 2012

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 12-cv-05165 NC
ORDER REFERRING CASE TO ADR
UNIT

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