Cotter v. JPMorgan Chase Bank, N.A. et al

Filing 12

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Laurel Beeler on 11/19/2015. (lsS, COURT STAFF) (Filed on 11/19/2015)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

San Francisco Division

11
12
13

CYNTHIA COTTER,
Plaintiff,
v.

14

JPMORGAN CHASE BANK, N.A., et al.,

15

Case No. 15-cv-05204-LB
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendants.

16
17

Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this

18

foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone

19

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

20

Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit

21

as soon as possible but no later than December 14, 2015.

22
23

Plaintiff and Defendants’ counsel shall be prepared to discuss the following subjects:
(1)

24

Identification and description of claims and alleged defects in loan
documents.

25

(2)

Prospects for loan modification.

26

(3)

Prospects for settlement.

27

The parties need not submit written materials to the ADR Unit for the telephone conference.

28

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

1

(1)

2
3

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

4

claims, Plaintiff shall prepare a current, accurate financial statement and

5

gather all of the information and documents customarily needed to support a

6

loan modification request. Further, Plaintiff shall immediately notify

7

Defendants counsel of the request for a loan modification.

8

(3)

Provide counsel for Defendants with information necessary to evaluate the
prospects for loan modification, in the form of a financial statement,

10
United States District Court
For the Northern District of California

9

worksheet or application customarily used by financial institutions.

11
12
13

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

14

receiving notice of Plaintiff s request, counsel for Defendants shall promptly

15

notify Plaintiff to that effect.

16
17
18

(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

19

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

20

for further ADR proceedings.

21
22

IT IS SO ORDERED.

23
24

Dated: November 19, 2015

25
26
27
28

______________________________________
LAUREL BEELER
United States Magistrate Judge