Ward v. Wells Fargo Home Mortgage, Inc. et al
Filing
19
ORDER OF REFERRAL FOR ADR TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 3/4/14. (lmh, COURT STAFF) (Filed on 3/4/2014)
1
2
3
4
5
6
7
8
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12
DAWN M. WARD, Trustee of the Al-Pheus
13 Ward Trust,
14
Plaintiff,
15
Case No. 14-cv-00565 NC
ORDER OF REFERRAL FOR ADR
TELEPHONE CONFERENCE
v.
16 WELLS FARGO HOME MORTGAGE,
17
INC., And DOES 1 through XXX,
Defendants.
18
19
20
Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this
21 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
22 conference to assess this case’s suitability for mediation or a settlement conference.
23 Plaintiff’s and Defendants’ counsel must participate in a telephone conference, to be
24 scheduled by the ADR Unit as soon as possible but no later than March 14, 2014.
25
Plaintiff’s and Defendants’ counsel must be prepared to discuss the following
26 subjects:
27
(1)
Identification and description of claims and alleged defects in loan documents.
28
(2)
Prospects for loan modification.
Case No. 14-cv-00565 NC
ORDER OF REFERRAL FOR ADR
TELEPHONE CONFERENCE
1
(3)
Prospects for settlement.
2
The parties need not submit written materials to the ADR Unit for the telephone
3 conference.
4
In preparation for the telephone conference, Plaintiff must do the following:
Review relevant loan documents and investigate the claims to determine
5
whether they have merit.
6
If Plaintiff is seeking a loan modification to resolve all or some of the
7
8
claims, Plaintiff must prepare a current, accurate financial statement and
9
gather all of the information and documents customarily needed to
10
support a loan modification request. Further, Plaintiff must
11
immediately notify Defendants’ counsel of the request for a loan
12
modification.
Provide counsel for Defendants with information necessary to evaluate
13
14
the prospects for loan modification, in the form of a financial statement,
15
worksheet or application customarily used by financial institutions.
16
In preparation for the telephone conference, counsel for Defendants must do the
17 following:
18
If Defendants are unable or unwilling to do a loan modification after
19
receiving notice of Plaintiff’s request, counsel for Defendants must
20
promptly notify Plaintiff to that effect.
21
22
23
Arrange for a representative of each Defendant with full settlement
authority to participate in the telephone conference.
The ADR Unit will notify the parties of the date and time the telephone conference
24 will be held. After the telephone conference, the ADR Unit will advise the Court of its
25 recommendation for further ADR proceedings.
26
27
28
Case No. 14-cv-00565 NC
ORDER OF REFERRAL FOR ADR
TELEPHONE CONFERENCE
2
1
2
IT IS SO ORDERED.
3
Date: March 4, 2014
4
_________________________
Nathanael M. Cousins
United States Magistrate Judge
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 14-cv-00565 NC
ORDER OF REFERRAL FOR ADR
TELEPHONE CONFERENCE
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?