Edward Matiasic et al v. Wells Fargo Bank, N.A.
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 9/4/2014. (lmh, COURT STAFF) (Filed on 9/4/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
11 EDWARD MATIASIC, an individual; and
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Plaintiffs,
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Case No. 14-cv-03574 NC
LYNDA MATIASIC, an individual,
ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE
v.
WELLS FARGO BANK, N.A., a national
15 association; GOLDEN WEST SAVINGS
ASSOCIATION SERVICE CO., a California
16 corporation and DOES 1 through 50,
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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 September 30, 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.
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Case No. 14-cv-03574 NC
ORDER REFERRING CASE TO ADR
UNIT
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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
4 conference.
In preparation for the telephone conference, Plaintiffs’ counsel must do the
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6 following:
(1)
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Review relevant loan documents and investigate the claims to determine
8 whether they have merit.
(2)
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If Plaintiffs are seeking a loan modification to resolve all or some of the
10 claims, Plaintiffs must prepare a current, accurate financial statement and gather all of the
11 information and documents customarily needed to support a loan modification request.
12 Further, Plaintiffs’ counsel must immediately notify counsel for Wells Fargo of the request
13 for a loan modification.
(3)
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Provide counsel for Wells Fargo with information necessary to evaluate the
15 prospects for loan modification, in the form of a financial statement, worksheet or
16 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
19 following:
(1)
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If Wells Fargo is unable or unwilling to do a loan modification after receiving
21 notice of Plaintiff’s request, counsel for Wells Fargo must promptly notify Plaintiffs’
22 counsel to that effect.
(2)
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Arrange for a representative of Wells Fargo with full settlement authority to
24 participate in the telephone conference.
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Case No. 14-cv-03574 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
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IT IS SO OR
T
RDERED.
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Date: Septem
mber 4, 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-0357 NC
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ORDER REFERRIN CASE TO ADR
R
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O
UNIT
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