Schwartz v. Wells Fargo Home Mortgage et al

Filing 35

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 GREGORY W. SCHWARTZ, Plaintiff, 8 v. 9 No. C 12-6187 MEJ ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE WELLS FARGO HOME MORTGAGE, et al., 10 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 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. 17 The parties shall be prepared to discuss the following subjects: 18 (1) Identification and description of claims and alleged defects in loan documents. 19 (2) Prospects for loan modification. 20 (3) Prospects for settlement. 21 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) 23 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. 24 25 26 27 28 1 In preparation for the telephone conference, Defendant(s) shall do the following. 2 (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. 3 4 5 6 The ADR Unit will notify the parties of the date and time the telephone conference will be 7 held. After the telephone conference, the ADR Unit will advise the Court of its recommendation for 8 further ADR proceedings. 9 The April 4, 2013 hearing on Defendants’ motion to dismiss is VACATED pending resolution 10 of this ADR process. 11 For the Northern District of California UNITED STATES DISTRICT COURT IT IS SO ORDERED. 12 13 Dated: March 14, 2013 14 _______________________________ Maria-Elena James United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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