Fessahaie v. Nationstar Mortgage, LLC
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 3/3/2015. (ahm, COURT STAFF) (Filed on 3/3/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GHIDEI FESSAHAIE,
Case No. 15-cv-00451-JSC
Plaintiff,
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v.
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NATIONSTAR MORTGAGE, LLC,
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’s
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and Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR
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Unit as soon as possible but no later than 30 days from the date of this Order.
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Plaintiff’s and Defendants’ counsel shall be prepared to discuss the following subjects:
(1)
Identification and description of claims and alleged defects in loan
documents.
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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 conference.
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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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(3)
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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
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following:
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(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
United States District Court
Northern District of California
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be held. After the telephone conference, the ADR Unit will advise the Court of its
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recommendation for further ADR proceedings.
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IT IS SO ORDERED.
Dated: March 3, 2015
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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