Rieger v. Wells Fargo Bank National Association et al

Filing 7

ORDER REFERRING PLAINTIFF AND WELLS FARGO TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 2/27/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 2/27/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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SCOTT RIEGER,
Plaintiff,

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Case No.: C-13-00749 JSC

v.

ORDER REFERRING PLAINTIFF
AND WELLS FARGO TO ADR UNIT
FOR ASSESSMENT TELEPHONE
CONFERENCE

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WELLS FARGO BANK, N.A., et al.,
Defendants.

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

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Wells Fargo in this foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a

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telephone conference to assess this case’s suitability for mediation or a settlement conference. 1

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Plaintiff’s and Defendant’s counsel shall participate in a telephone conference, to be scheduled by

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the ADR Unit as soon as possible but no later than 30 days from the date of this Order.

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Plaintiff’s and Defendant’s 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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Defendant Cal-Western Reconveyance Corporation is not referred to ADR.

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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.

(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 Defendant’s
counsel of the request for a loan modification.

(3)

Provide counsel for Defendant 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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Northern District of California

United States District Court

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In preparation for the telephone conference, counsel for Defendant shall do the following:
(1)

If Defendant is unable or unwilling to do a loan modification after receiving
notice of Plaintiff’s request, counsel for Defendant shall promptly notify
Plaintiff to that effect.

(2)

Arrange for a representative of 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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IT IS SO ORDERED.

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Dated: February 27, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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