Powell v. Wells Fargo Home Mortgage et al

Filing 16

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE; ORDER VACATING CMC AND MOTION HEARINGS. Signed by Judge Maria-Elena James on 9/30/2014. (cdnS, COURT STAFF) (Filed on 9/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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KAYODE POWELL,
Plaintiff,

Case No. 14-cv-04248-MEJ

ORDER VACATING CMC AND
MOTION HEARINGS

v.
WELLS FARGO HOME MORTGAGE, et
al.,
Defendants.

ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

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Pursuant to Civil Local Rule 16-8 and Alternative Dispute Resolution (ADR) Local Rule

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2-3, the Court refers this foreclosure-related action to the ADR Unit for a telephone conference to

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assess the case’s suitability for mediation or a settlement conference. The parties shall participate

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

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October 30, 2014. The parties shall be prepared to discuss the following subjects:

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(1)

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

(2)

Prospects for loan modification.

(3)

Prospects for settlement.

The parties need not submit written materials to the ADR Unit for the telephone
conference. In preparation for the telephone conference, Plaintiff shall do the following:
(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.

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(3)

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In preparation for the telephone conference, Defendant(s) 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.

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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.

The ADR Unit will notify the parties of the date and time the telephone conference will be

United States District Court
Northern District of California

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

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for further ADR proceedings.

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The Case Management Conference and related deadlines, and any noticed motion to
dismiss hearing dates and briefing deadlines are VACATED pending resolution of this ADR process.
IT IS SO ORDERED.

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Dated: September 30, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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KAYODE POWELL,

Case No. 14-cv-04248-MEJ

Plaintiff,
v.

CERTIFICATE OF SERVICE

WELLS FARGO HOME MORTGAGE, et
al.,
Defendants.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 9/30/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
Kayode Powell
4770-4776 Tompkins Avenue
Oakland, CA 94619

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Dated: 9/30/2014
Richard W. Wieking
Clerk, United States District Court

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By:________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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