Acuna v. Wells Fargo Bank, N.A.

Filing 4

ORDER REFERRING CASE to ADR Unit for assessment telephone conference. Signed by Judge Nathanael Cousins on 3/25/13. (lmh, COURT STAFF) (Filed on 3/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 TERESA DE JESUS ACUNA,

Case No. 13-cv-01310 NC

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ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

Plaintiff,

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v.

14 WELLS FARGO BANK, N.A.,
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Defendant.

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

18 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
19 conference to assess this case’s suitability for mediation or a settlement conference.
20 Plaintiff’s and Defendant’s counsel shall participate in a telephone conference, to be
21 scheduled by the ADR Unit as soon as possible but no later than April 29, 2013.
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Plaintiff’s and Defendant’s counsel shall be prepared to discuss the following

23 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

28 conference.
Case No. 13-cv-01310 NC
ORDER REFERRING CASE TO ADR
UNIT

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In preparatio for the te
n
on
elephone co
onference, P
Plaintiff’s c
counsel shal do the
ll

ng:
2 followin

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(1)

Review relevant loan docum
w
ments and in
nvestigate th claims to determine
he
o
e

r
4 whether they have merit.

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(2
2)

If Plai
intiff is seek
king a loan modificatio to resolv all or som of the cl
on
ve
me
laims,

f
are
nt,
tatement an gather all of the
nd
l
6 Plaintiff shall prepa a curren accurate financial st
tion
ocuments cu
ustomarily needed to su
n
upport a loa modifica
an
ation reques
st.
7 informat and do
all
ately notify Defendant counsel o the reque for
y
t’s
of
est
8 Further, Plaintiff’s counsel sha immedia
m
n.
9 a loan modification

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0

(3
3)

Provid counsel for Defenda with inf
de
f
ant
formation n
necessary to evaluate th
o
he

ts
m
rm
ancial statem
ment, work
ksheet or
11 prospect for loan modification, in the for of a fina
1
b
l
ns.
12 application customarily used by financial institution
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(4
4)

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In preparatio for the te
n
on
elephone co
onference, c
counsel for Defendant shall do the
e

Arrang for Plain to parti
ge
ntiff
icipate in th telephone conferenc
he
e
ce.

ng:
15 followin
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(1)

If Def
fendant is un
nable or un
nwilling to d a loan m
do
modification after receiv
n
ving

s
ounsel for Defendant s
D
shall promp notify P
ptly
Plaintiff’s counsel
17 notice of Plaintiff’s request, co
7
e
18 to that effect.
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(2
2)

Arrang for a rep
ge
presentative of Defenda with ful settlemen authority to
e
ant
ll
nt

ate
elephone co
onference.
20 participa in the te
0

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Th ADR Un will notify the parties of the da and time the teleph
he
nit
ate
e
hone confere
ence

h
one
ence, the AD Unit wi advise th Court of i
DR
ill
he
its
22 will be held. After the telepho confere
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mendation fo further ADR proceedings.
or
A
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IT IS SO OR
T
RDERED.

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Date: March 25, 2013

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____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 13-cv-01310 NC
ORDER REFERRIN CASE TO ADR
R
NG
O
UNIT

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