Chiu v. Wells Fargo Bank, N.A.

Filing 10

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Elizabeth D. Laporte on 12/12/2014. (mklS, COURT STAFF) (Filed on 12/15/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOSCO WAI-CHOY CHIU,

Case No. 14-cv-05261-EDL

Plaintiff,
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v.
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NBS DEFAULT SERVICES, LLC, et al.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendants.
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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
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 January 12, 2014.
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.

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The parties need not submit written materials to the ADR Unit for the telephone conference.
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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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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.

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In preparation for the telephone conference, counsel for Defendants shall do the following.

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(3)

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

United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: December 12, 2014
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ELIZABETH D. LAPORTE
United States Magistrate Judge

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