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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 13 SCOTT RIEGER, Plaintiff, 14 15 Case No.: C-13-00749 JSC v. ORDER REFERRING PLAINTIFF AND WELLS FARGO TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE 16 17 WELLS FARGO BANK, N.A., et al., Defendants. 18 19 20 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers Plaintiff and 21 Wells Fargo in this foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a 22 telephone conference to assess this case’s suitability for mediation or a settlement conference. 1 23 Plaintiff’s and Defendant’s counsel shall participate in a telephone conference, to be scheduled by 24 the ADR Unit as soon as possible but no later than 30 days from the date of this Order. 25 Plaintiff’s and Defendant’s counsel shall be prepared to discuss the following subjects: 26 (1) Identification and description of claims and alleged defects in loan documents. 27 (2) Prospects for loan modification. 28 1 Defendant Cal-Western Reconveyance Corporation is not referred to ADR. 1 (3) Prospects for settlement. 2 The parties need not submit written materials to the ADR Unit for the telephone conference. 3 In preparation for the telephone conference, Plaintiff shall do the following: 4 (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. 5 6 7 8 9 10 Northern District of California United States District Court 11 12 13 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. 14 15 16 17 18 The ADR Unit will notify the parties of the date and time the telephone conference will be 19 held. After the telephone conference, the ADR Unit will advise the Court of its recommendation for 20 further ADR proceedings. 21 22 IT IS SO ORDERED. 23 24 Dated: February 27, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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