Wilson v. Fannie Mae et al

Filing 22

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge James Donato on 10/3/14. (lrcS, COURT STAFF) (Filed on 10/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY WILSON,

Case No. 14-cv-02094-JD

Plaintiff,
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v.
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FANNIE MAE, et al.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendants.

United States District Court
Northern District of California

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The Court has reviewed the parties’ stipulation and proposed order selecting mediation as

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their proposed Alternative Dispute Resolution (ADR) process. Dkt. No. 21. This action,

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however, is a foreclosure-related action in which the subject property does not appear to have been

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foreclosed upon, and this District’s ADR Unit has substantial experience helping parties resolve

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their disputes in such cases.

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Consequently, pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers

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this action to the ADR Unit for a telephone conference to assess in greater detail this case’s

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suitability for mediation or a settlement conference. Plaintiff’s and defendants’ counsel will

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participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no

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later than October 24, 2014.

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Plaintiff’s and defendants’ counsel will 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.

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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

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conference.

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In preparation for the telephone conference, plaintiff will do the following:

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(1)

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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 will prepare a current, accurate financial statement and gather all of the information and

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documents customarily needed to support a loan modification request. Further, plaintiff will

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immediately notify defendants’ counsel of the request for a loan modification.

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(3)

Provide counsel for defendants with information necessary to evaluate the

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

United States District Court
Northern District of California

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In preparation for the telephone conference, counsel for defendants will do the following:

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(1)

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If defendants are unable or unwilling to do a loan modification after receiving

notice of Plaintiff’s request, counsel for defendants will promptly notify plaintiff to that effect.
(2)

Arrange for a representative of each 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 of the telephone conference.

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After the telephone conference, the ADR Unit will advise the Court of its recommendation for

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further ADR proceedings.

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In the interim, the case management conference that was set for October 15, 2014 is

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vacated. The Court will re-set a date for the case management conference after the parties’

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participation in the telephone conference with the ADR Unit. The Court will also defer ruling on

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the pending motion to dismiss until this process is complete.

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IT IS SO ORDERED.
Dated: October 3, 2014
______________________________________
JAMES DONATO
United States District Judge

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