Marshall v. Wells Fargo Bank, N.A. et al

Filing 9

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Elizabeth D Laporte on 4/24/2013. (knmS, COURT STAFF) (Filed on 4/24/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MICHAEL MARSHALL, Plaintiff, 9 United States District Court For the Northern District of California 10 No. C -13-01747 EDL ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE v. 11 WELLS FARGO BANK, 12 Defendant. / 13 14 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 15 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone 16 conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff and 17 Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as 18 soon as possible but no later than May 15, 2013. 19 Plaintiff and Defendants’ counsel shall be prepared to discuss the following subjects: 20 (1) Identification and description of claims and alleged defects in loan documents 21 (2) Prospects for loan modification. 22 (3) Prospects for settlement. 23 The parties need not submit written materials to the ADR Unit for the telephone conference. 24 In preparation for the telephone conference, Plaintiff shall do the following: 25 (1) have merit. 26 27 28 Review relevant loan documents and investigate the claims to determine whether they (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 1 request. Further, Plaintiff shall immediately notify Defendants’ counsel of the 2 request for a loan modification. 3 (3) 4 prospects for loan modification, in the form of a financial statement, worksheet or 5 application customarily used by financial institutions. 6 Provide counsel for Defendants with information necessary to evaluate the In preparation for the telephone conference, counsel for Defendants shall do the following. 7 (1) If Defendants are unable or unwilling to do a loan modification after receiving 8 notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to 9 that effect. United States District Court For the Northern District of California 10 (2) Arrange for a representative of each Defendant with full settlement authority 11 to participate in the telephone conference. 12 The ADR Unit will notify the parties of the date and time that the telephone conference will 13 be held. After the telephone conference, the ADR Unit will advise the Court of its recommendation 14 for further ADR proceedings. 15 IT IS SO ORDERED. 16 Dated: April 24, 2013 ELIZABETH D. LAPORTE United States Chief Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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