Gomez et al v. Wells Fargo Bank, N.A. et al

Filing 6

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 5/12/14. (lmh, COURT STAFF) (Filed on 5/12/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 JOAQUIN GOMEZ, and RITA
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Plaintiffs,

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Case No. 14-cv-02056 NC

CONTRERAS,
ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

v.
WELLS FARGO BANK, N.A., REGIONAL

15 SERVICE CORPS, and DOES 1 through 20
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Inclusive,
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.
Plaintiffs’ counsel and counsel for Wells Fargo must participate in a telephone conference,
to be scheduled by the ADR Unit as soon as possible but no later than June 13, 2014.
Plaintiffs’ counsel and counsel for Wells Fargo must be prepared to discuss the
following subjects:
(1)

Identification and description of claims and alleged defects in loan documents.

(2)

Prospects for loan modification.

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Case No. 14-cv-02056 NC
ORDER REFERRING CASE TO ADR
UNIT

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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

3 conference.
In preparation for the telephone conference, Plaintiffs’ counsel must do the

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(1)

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Review relevant loan documents and investigate the claims to determine

7 whether they have merit.
(2)

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If Plaintiffs are seeking a loan modification to resolve all or some of the

9 claims, Plaintiffs must prepare a current, accurate financial statement and gather all of the
10 information and documents customarily needed to support a loan modification request.
11 Further, Plaintiffs’ counsel must immediately notify counsel for Wells Fargo of the request
12 for a loan modification.
(3)

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Provide counsel for Wells Fargo with information necessary to evaluate the

14 prospects for loan modification, in the form of a financial statement, worksheet or
15 application customarily used by financial institutions.
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(4)

Arrange for Plaintiffs to participate in the telephone conference.

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In preparation for the telephone conference, counsel for Wells Fargo must do the

18 following:
(1)

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If Wells Fargo is unable or unwilling to do a loan modification after receiving

20 notice of Plaintiffs’ request, counsel for Wells Fargo must promptly notify Plaintiffs’
21 counsel to that effect.
(2)

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Arrange for a representative of Wells Fargo with full settlement authority to

23 participate in the telephone conference.
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Case No. 14-cv-02056 NC
ORDER REFERRING CASE TO ADR
UNIT

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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
2 will be held. After the telepho confere
mendation fo further ADR proceedings.
or
A
3 recomm

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IT IS SO OR
T
RDERED.

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Date: May 12 2014
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__________
__________
_____
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0205 NC
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ORDER REFERRIN CASE TO ADR
R
NG
O
UNIT

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