Kathleen Pimentel v. Wells Fargo, N.A.
Filing
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ORDER Referring Case to ADR Unit for Assessment Telephone Conference by Chief Magistrate Judge Elizabeth D. Laporte.(shyS, COURT STAFF) (Filed on 11/18/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KATHLEEN PIMENTEL,
Case No. 14-cv-05004-EDL
Plaintiff,
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v.
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WELLS FARGO, N.A.,
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
Defendant.
United States District Court
Northern District of California
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this
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foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
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conference to assess this case=s suitability for mediation or a settlement conference. Plaintiff and
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Defendants= counsel shall participate in a telephone conference, to be scheduled by the ADR Unit
as soon as possible but no later than December 19, 2014.
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Plaintiff and Defendants= counsel shall be prepared to discuss the following subjects:
(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:
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(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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United States District Court
Northern District of California
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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.
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.
The ADR Unit will notify the parties of the date and time that the telephone conference
will be held. After the telephone conference, the ADR Unit will advise the Court of its
recommendation for further ADR proceedings.
IT IS SO ORDERED.
Dated: November 18, 2014
______________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge
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