Johnson v. Bank of America , N.A. et al

Filing 23

ORDER STAYING CASE. Case Referred to the ADR Unit for Telephone Conference. Case Stayed for 60 Days. Signed by Judge Vince Chhabria on 8/11/2015. (knm, COURT STAFF) (Filed on 8/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEALE E. JOHNSON,

Case No. 15-cv-03181-VC

Plaintiff,
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v.

ORDER STAYING CASE

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BANK OF AMERICA , N.A., et al.,
Defendants.

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. All

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proceedings in this case are stayed pending the outcome of the ADR assessment conference. The

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motion for preliminary injunction is denied without prejudice to refiling it after the stay is lifted.

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As stipulated by the parties during the August 11, 2015 status conference, the temporary
restraining order remains in place during the stay.
After the ADR unit advises the Court of the outcome of the assessment conference, the

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Court will decide whether the stay should be lifted and, if necessary, issue a further scheduling
order.
Plaintiff and Defendants' counsel shall participate in a telephone conference, to be

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scheduled by the ADR Unit as soon as possible but no later than 60 days from the date of this
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order.
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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.

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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.
3. Provide counsel for Defendants with information necessary to evaluate the

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United States District Court
Northern District of California

prospects for loan modification, in the form of a financial statement, worksheet or
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application customarily used by financial institutions.
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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 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.

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IT IS SO ORDERED.
Dated: August 11, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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