Tabones et al v. Deutsche Bank National Trust Company et al

Filing 27

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE; VACATING PENDING MOTIONS. Plaintiff and defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no later than March 31, 2014. Signed by Judge William H. Orrick on 02/19/2014. (jmdS, COURT STAFF) (Filed on 2/19/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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REY TABONES, et al.,

Case No. 13-cv-05225-WHO

Plaintiffs,
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v.
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, et al.,

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United States District Court
Northern District of California

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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE; VACATING PENDING
MOTIONS

Defendants.

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the court refers this
foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
conference to assess this case's suitability for mediation or a settlement conference. Plaintiff and
defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit
as soon as possible but no later than March 31, 2014.

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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.
(2) Prospects for loan modification.
(3) Prospects for settlement.
The parties need not submit written materials to the ADR Unit for the telephone
conference.
In preparation for the telephone conference, plaintiff shall do the following:
(1) Review relevant loan documents and investigate the claims to determine whether
they have merit.
(2) If plaintiff is seeking a loan modification to resolve all or some of the claims,

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plaintiff shall prepare a current, accurate financial statement and gather all of the

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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) Provide counsel for defendants with information necessary to evaluate the

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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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(4) In preparation for the telephone conference, counsel for defendants shall do the
following.
(5) If defendants are unable or unwilling to do a loan modification after receiving
notice of plaintiff's request, counsel for defendants shall promptly notify plaintiff to
that effect.
(6) Arrange for a representative of each defendant with full settlement authority to

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United States District Court
Northern District of California

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
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will be held. After the telephone conference, the ADR Unit will advise the court of its
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recommendation for further ADR proceedings.
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Defendants’ motion to dismiss and motion to expunge lis pendens (Docket Numbers 11

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and 12), set for hearing on March 5, 2014, are VACATED. The Court will re-notice the motions
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if the ADR Unit or the parties notify the Court that no further ADR proceedings will occur.
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IT IS SO ORDERED.
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Dated: February 19, 2014
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______________________________________
WILLIAM H. ORRICK
United States District Judge

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