Fuller v. Nationstar Mortgage, LLC et al

Filing 19

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE; ORDER VACATING CMC AND MOTION HEARINGS. Signed by Judge Maria-Elena James on 8/17/2015. (cdnS, COURT STAFF) (Filed on 8/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALESHIA FULLER,

Case No. 15-cv-03249-MEJ

Plaintiff,
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ORDER VACATING CMC AND
MOTION HEARINGS

v.
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NATIONSTAR MORTGAGE, LLC, et al.,
Defendants.

United States District Court
Northern District of California

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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

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Pursuant to Civil Local Rule 16-8 and Alternative Dispute Resolution (ADR) Local Rule

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2-3, the Court refers this foreclosure-related action to the ADR Department for a telephone

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conference to assess the case’s suitability for mediation or a settlement conference. The parties

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

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possible, but no later than September 17, 2015. The parties shall be prepared to discuss the

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following subjects:

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(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
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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 would like 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 counsel for Defendants 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, Defendants shall do the following.

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(1)

If unable or unwilling to do a loan modification after receiving
notice of the request, 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 Department will notify the parties of the date and time the telephone conference
will be held. After the telephone conference, the ADR Department will advise the Court of its

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United States District Court
Northern District of California

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recommendation for further ADR proceedings.

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The Case Management Conference and related deadlines, and any noticed motion to

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dismiss hearing dates and briefing deadlines are VACATED pending resolution of this ADR

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process.

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IT IS SO ORDERED.

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Dated: August 17, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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