Schwartz v. Wells Fargo Home Mortgage et al
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Maria-Elena James on 3/14/2013. (cdnS, COURT STAFF) (Filed on 3/14/2013)
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UNITED STATES DISTRICT COURT
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Northern District of California
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GREGORY W. SCHWARTZ,
Plaintiff,
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v.
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No. C 12-6187 MEJ
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE
WELLS FARGO HOME MORTGAGE, et al.,
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Defendants.
_____________________________________/
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For the Northern District of California
UNITED STATES DISTRICT COURT
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Pursuant to Civil Local Rule 16-8 and Alternative Dispute Resolution (ADR) Local Rule 2-3,
14 the Court refers this action to the ADR Unit for a telephone conference to assess the case’s suitability
15 for mediation or a settlement conference. The parties shall participate in a telephone conference, to
16 be scheduled by the ADR Unit as soon as possible, but no later than April 11, 2013.
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The parties 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.
22 In preparation for the telephone conference, Plaintiff shall do the following:
(1)
Review relevant loan documents and investigate the claims to determine
whether they have merit.
(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)
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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, Defendant(s) 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.
(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
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held. After the telephone conference, the ADR Unit will advise the Court of its recommendation for
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further ADR proceedings.
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The April 4, 2013 hearing on Defendants’ motion to dismiss is VACATED pending resolution
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of this ADR process.
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For the Northern District of California
UNITED STATES DISTRICT COURT
IT IS SO ORDERED.
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Dated: March 14, 2013
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_______________________________
Maria-Elena James
United States Magistrate Judge
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