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)

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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

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