Ambers v. Wells Fargo Bank N.A.

Filing 4

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 8/27/13. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 8/27/2013).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 JUDITH AMBERS,

Case No. 13-cv-03940 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 September 30, 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-03940 NC
ORDER REFERRING CASE TO ADR
UNIT

(1)

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

r
2 whether they have merit.
(2
2)

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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
4 Plaintiff shall prepa a curren accurate financial st
tion
ocuments cu
ustomarily needed to su
n
upport a loa modifica
an
ation reques
st.
5 informat and do
hall
iately notify Defendan counsel of the requ for a lo
y
nt’s
l
uest
oan
6 Further, Plaintiff sh immedi
ation.
7 modifica
(3
3)

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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
9 prospect for loan modification, in the for of a fina
b
l
ns.
10 application customarily used by financial institution
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In preparatio for the te
n
on
elephone co
onference, c
counsel for Defendant shall do the
e

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1

ng:
12 followin
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(1)

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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 to t
that
14 notice of Plaintiff’s request, co
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15 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.
17 participa in the te
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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
19 will be held. After the telepho confere
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mendation fo further ADR proceedings.
or
A
20 recomm
0

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IT IS SO OR
T
RDERED.

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Date: August 27, 2013
t

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

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Case No. 13-cv-0394 NC
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ORDER REFERRIN CASE TO ADR
R
NG
O
UNIT

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