Hoyt et al v. Ocwen Loan Servicing, LLC et al

Filing 9

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Maria-Elena James on 12/2/2015. (cdnS, COURT STAFF) (Filed on 12/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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ORDER VACATING CMC AND
MOTION HEARINGS

v.
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OCWEN LOAN SERVICING, 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 January 6, 2016. The parties shall be prepared to discuss the following

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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, Plaintiffs 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 Plaintiffs would like a loan modification to resolve all or some of
the claims, Plaintiffs shall prepare a current, accurate financial
statement and gather all of the information and documents
customarily needed to support a loan modification request. Further,
Plaintiffs 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 Plaintiffs 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 hearing
dates and briefing deadlines are VACATED pending resolution of this ADR process.
IT IS SO ORDERED.

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Dated: December 2, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on December 2, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Marjorie A. Hoyt
162 Oakridge Drive
Danville, CA 94506
Raymond L. Hoyt
162 Oakridge Drive
Danville, CA 94506

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Dated: December 2, 2015
Richard W. Wieking
Clerk, United States District Court

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By: ___________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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