Hixson v. Wells Fargo Bank, N.A.
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE AND STAYING BRIEFING ON DEFENDANT'S MOTION TO DISMISS (Illston, Susan) (Filed on 4/8/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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No. C 14-285 SI
JONI HIXSON,
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE AND STAYING
BRIEFING ON DEFENDANT’S MOTION
TO DISMISS
Plaintiff,
v.
WELLS FARGO BANK, N.A.,
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Defendant.
/
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On January 17, 2014, defendant removed this lawsuit to this Court. The complaint alleges that
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plaintiff was in the process of seeking a loan modification when a notice of default was recorded against
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plaintiff’s property located at 5 Big Sur Way, Pacifica, California. The complaint seeks to enjoin the
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foreclosure of plaintiff’s home.
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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 conference
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to assess this case’s suitability for mediation or a settlement conference. Plaintiff and defendant’s
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counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as
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possible.
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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.
(3)
Prospects for settlement.
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The parties need not submit written materials to the ADR Unit for the telephone conference. In
preparation for the telephone conference, plaintiff’s counsel 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, plaintiff
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shall prepare a current, accurate financial statement and gather all of the information and documents
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customarily needed to support a loan modification request. Further, plaintiff shall immediately notify
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defendant’s counsel of the request for a loan modification.
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(3)
Provide counsel for defendant with information necessary to evaluate the prospects for
United States District Court
For the Northern District of California
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loan modification, in the form of a financial statement, worksheet or application customarily used by
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financial institutions.
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In preparation for the telephone conference, counsel for defendant shall do the following:
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(1)
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If defendant is 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.
(2)
Arrange for a representative of defendant with full settlement authority to participate in
the telephone conference.
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The ADR Unit will notify the parties of the date and time the telephone conference will be held.
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After the telephone conference, the ADR Unit will advise the Court of its recommendation for further
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ADR proceedings.
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In light of the referral to the ADR Unit, the Court STAYS the briefing on defendant’s motion
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to dismiss the complaint, and the Court VACATES the May 30, 2014 hearing date on that motion. The
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Court will set a new briefing schedule and hearing date if necessary.
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IT IS SO ORDERED.
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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE
Dated: April 8, 2014
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