Schoenbart v. JPMorgan Chase Bank, National Association et al

Filing 40

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Alsup on 4/6/2016. (whalc2, COURT STAFF) (Filed on 4/6/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THERESA SCHOENBART,

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For the Northern District of California

United States District Court

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No. C 16-00070 WHA

Plaintiff,
v.

ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

CALIBER HOME LOANS, ET AL.,

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Defendants.
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this
foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff
and defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR

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Unit as soon as possible but no later than APRIL 27, 2016. All other deadlines in the case

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remain in place.

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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.

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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

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they have merit.

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(2) If plaintiff is seeking a loan modification to resolve all or some of the claims,

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plaintiff shall prepare a current, accurate financial statement and gather all of the

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information and documents customarily needed to support a loan modification

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request. Further, plaintiff shall immediately notify defendants’ counsel of the

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request for a loan modification.

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(3) Provide counsel for defendants with information necessary to evaluate the
prospects for loan modification, in the form of a financial statement, worksheet

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For the Northern District of California

United States District Court

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or application customarily used by financial institutions.

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In preparation for the telephone conference, counsel for defendants shall do the
following.
(4) If defendants are unable or unwilling to do a loan modification after receiving

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notice of plaintiff’s request, counsel for defendants shall promptly notify plaintiff

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to that effect.

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(5) 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 that the telephone conference

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

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recommendation for further ADR proceedings.

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IT IS SO ORDERED.

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Dated: April 6, 2016.

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WILLIAM ALSUP

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UNITED STATES DISTRICT JUDGE
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