Jones v. Bank of America, N.A.

Filing 14

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge James Donato on 5/18/15. (jdlc1S, COURT STAFF) (Filed on 5/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMILA JONES,

Case No. 15-cv-01731-JD

Plaintiff,
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v.
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BANK OF AMERICA, 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 action to

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the Alternative Dispute Resolution (ADR) Unit’s mortgage program for a telephone conference to

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assess this case’s suitability for mediation or a settlement conference. Plaintiff and defendants’

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counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as

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possible but no later than June 12, 2015.

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Plaintiff and defendants’ counsel shall be prepared to discuss the following subjects:

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(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

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conference.

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In preparation for the telephone conference, plaintiff shall do the following:

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(1)

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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

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documents customarily needed to support a loan modification request. Further, plaintiff shall

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immediately notify defendants’ counsel of the request for a loan modification.

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(3)

Provide counsel for defendants with information necessary to evaluate the

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prospects for loan modification, in the form of a financial statement, worksheet or application

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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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(1)

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United States District Court
Northern District of California

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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

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

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recommendation for further ADR proceedings. The case is stayed pending completion of the

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ADR process.

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IT IS SO ORDERED.
Dated: May 18, 2015

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________________________
JAMES DONATO
United States District Judge

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