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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL MARSHALL,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -13-01747 EDL
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

v.

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WELLS FARGO BANK,

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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

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foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone

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conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff and

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Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as

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soon as possible but no later than May 15, 2013.

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Plaintiff and Defendants’ 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 conference.

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In preparation for the telephone conference, Plaintiff shall do the following:

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(1)

have merit.

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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

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request. Further, Plaintiff shall immediately notify Defendants’ counsel of the

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request for a loan modification.

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(3)

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prospects for loan modification, in the form of a financial statement, worksheet or

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application customarily used by financial institutions.

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Provide counsel for Defendants with information necessary to evaluate the

In preparation for the telephone conference, counsel for Defendants shall do the following.

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(1)

If Defendants are unable or unwilling to do a loan modification after receiving

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notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to

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that effect.

United States District Court
For the Northern District of California

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(2)

Arrange for a representative of each Defendant with full settlement authority

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to participate in the telephone conference.

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The ADR Unit will notify the parties of the date and time that the telephone conference will

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be held. After the telephone conference, the ADR Unit will advise the Court of its recommendation

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for further ADR proceedings.

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IT IS SO ORDERED.

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Dated: April 24, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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