Kirk v. Wells Fargo Bank N.A et al

Filing 20

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE (Illston, Susan) (Filed on 1/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 12-05969 SI

WILLIAM G. KIRK,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Plaintiff,
v.
WELLS FARGO BANK, N.A.; and DOES 1100, inclusive,
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 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 February 22, 2013.

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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.

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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 whether
they have merit.

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(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.
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 plaintiff’s request, counsel for defendants shall promptly notify plaintiff to that
effect.

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United States District Court
For the Northern District of California

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(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.

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IT IS SO ORDERED.

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Dated: January 14, 2013
SUSAN ILLSTON
United States District Judge

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