Francis v. Wells Fargo Bank, N.A.

Filing 5

ORDER REFERRING CASE to ADR Unit for assessment telephone conference. Signed by Judge Nathanael Cousins on 4/4/13. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 4/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 ADLEAN FRANCIS,

Case No. 13-cv-01482 NC

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ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

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Plaintiff,
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 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 May 2, 2013.
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Plaintiff 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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(3)

Prospects for settlement.

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The parties need not submit written materials to the ADR Unit for the telephone

27 conference.
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In preparation for the telephone conference, Plaintiff shall do the following:
Case No. 13-cv-01482 NC
ORDER REFERRING CASE TO ADR
UNIT

(1)

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Review relevant loan documents and investigate the claims to determine

2 whether they have merit.
(2)

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If Plaintiff is seeking a loan modification to resolve all or some of the claims,

4 Plaintiff shall prepare a current, accurate financial statement and gather all of the
5 information and documents customarily needed to support a loan modification request.
6 Further, Plaintiff shall immediately notify Defendant’s counsel of the request for a loan
7 modification.
(3)

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Provide counsel for Defendant with information necessary to evaluate the

9 prospects for loan modification, in the form of a financial statement, worksheet or
10 application customarily used by financial institutions.
In preparation for the telephone conference, counsel for Defendant shall do the

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12 following:
(1)

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If Defendant is unable or unwilling to do a loan modification after receiving

14 notice of Plaintiff’s request, counsel for Defendant shall promptly notify Plaintiff to that
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(2)

Arrange for a representative of Defendant with full settlement authority to

17 participate in the telephone conference.
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The ADR Unit will notify the parties of the date and time the telephone conference

19 will be held. After the telephone conference, the ADR Unit will advise the Court of its
20 recommendation for further ADR proceedings.
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IT IS SO ORDERED.

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Date: April 4, 2013

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 13-cv-01482 NC
ORDER REFERRING CASE TO ADR
UNIT

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