York -v- Bank of America, et al

Filing 28

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Richard Seeborg on 6/25/14. (cl, COURT STAFF) (Filed on 6/25/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 WILLIE YORK, 5 6 7 8 9 United States District Court For the Northern District of California 10 No. C 14-2471 Plaintiff, v. BANK OF AMERICA, CHAMPION MORTGAGE, and DOES 1-50, inclusive, ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Defendants. ________________________________/ 11 12 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the 13 Court refers this foreclosure-related action to the Alternative 14 Dispute Resolution (ADR) Unit for a telephone conference to assess 15 this case=s suitability for mediation or a settlement conference. 16 Plaintiff and Defendants= counsel shall participate in a telephone 17 conference, to be scheduled by the ADR Unit as soon as possible. 18 Plaintiff and Defendants= counsel shall be prepared to discuss 19 20 the following subjects: (1) Identification and description of claims and alleged defects in loan documents. 22 (2) Prospects for loan modification. 23 (3) Prospects for settlement. 21 24 25 The parties need not submit written materials to the ADR Unit for the telephone conference. 26 In preparation for the telephone conference, Plaintiff shall 27 28 do the following: 1 2 (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 shall prepare a current, accurate financial statement and gather all of the information and documents customarily needed to support a loan modification request. Further, Plaintiff shall immediately notify Defendants= counsel of the request for a loan modification. (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. 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 In preparation for the telephone conference, counsel for Defendants shall do the following. (1) If Defendants are 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 each Defendant with full settlement authority to participate in the telephone conference. 13 14 15 16 17 The ADR Unit will notify the parties of the date and time 18 the telephone conference will be held. 19 conference, the ADR Unit will advise the Court of its 20 recommendation for further ADR proceedings. 21 After the telephone IT IS SO ORDERED. 22 23 Dated: 6/25/14 United States District Judge 24 25 26 27 28 2

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