Caovilla et al v. Wells Fargo Home Mortgage Inc. et al

Filing 5

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 3/20/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 3/20/2013)

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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 DAWNEEN PARDINI CAOVILLA; DAVID CAOVILLA, 14 15 Plaintiffs, Case No.: C-13-1003 JSC ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE v. 16 17 18 WELLS FARGO BANK, N.A., et al., Defendants. 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosurerelated action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to assess this case’s suitability for mediation or a settlement conference. Plaintiffs and Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no later than 30 days from the date of this Order. Plaintiffs and Defendants’ counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. (2) Prospects for loan modification. (3) Prospects for settlement. 1 The parties need not submit written materials to the ADR Unit for the telephone conference. 2 In preparation for the telephone conference, Plaintiffs shall do the following: 3 (1) Review relevant loan documents and investigate the claims to determine whether they have merit. (2) If Plaintiffs are seeking a loan modification to resolve all or some of the claims, Plaintiffs shall prepare a current, accurate financial statement and gather all of the information and documents customarily needed to support a loan modification request. Further, Plaintiffs 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. 4 5 6 7 8 9 10 Northern District of California United States District Court 11 12 In preparation for the telephone conference, counsel for Defendants shall do the following: (1) If Defendants are unable or unwilling to do a loan modification after receiving notice of Plaintiffs’ request, counsel for Defendants shall promptly notify Plaintiffs to that effect. (2) Arrange for a representative of each Defendant with full settlement authority to participate in the telephone conference. 13 14 15 16 17 The ADR Unit will notify the parties of the date and time the telephone conference will be 18 held. After the telephone conference, the ADR Unit will advise the Court of its recommendation for 19 further ADR proceedings. 20 21 IT IS SO ORDERED. 22 23 Dated: March 20, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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