Nasseri v. Wells Fargo Bank, N.A.
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Plaintiff and Defendant's counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no later than September 25, 2015. Signed by Judge Laurel Beeler on 9/9/2015. (lblc2, COURT STAFF) (Filed on 9/9/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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San Francisco Division
United States District Court
Northern District of California
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FARIBA NASSERI,
Case No. 3:15-cv-04001-LB
Plaintiff,
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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
v.
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WELLS FARGO BANK, N.A.,
Re: ECF No. 1
Defendant.
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure-
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related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to
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assess this case’s suitability for mediation or a settlement conference. Plaintiff and Defendant’s
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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 September 25, 2015.
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Plaintiff and Defendant’s 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 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
ORDER (No. 3:15-cv-04001-LB)
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have merit.
(2) If Plaintiff is seeking a loan modification to resolve all or some of the claims, Plaintiff
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shall prepare a current, accurate financial statement and gather all of the information
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and documents customarily needed to support a loan modification request. Further,
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Plaintiff shall immediately notify Defendant’s counsel of the request for a loan
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modification.
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(3) Provide counsel for Defendant with information necessary to evaluate the prospects for
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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 Defendant shall do the following.
United States District Court
Northern District of California
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(1) If Defendant is unable or unwilling to do a loan modification after receiving notice of
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Plaintiff’s request, counsel for Defendant shall promptly notify Plaintiff to that effect.
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(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.
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Dated: September 9, 2015
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LAUREL BEELER
United States Magistrate Judge
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ORDER (No. 3:15-cv-04001-LB)
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