Bennett-Wofford v. Bayview Loan Servicing, LLC et al

Filing 15

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge James Donato on 3/10/2016. (jdlc1S, COURT STAFF) (Filed on 3/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GAIL BENNETT-WOFFORD, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 16-cv-00891-JD

v.
BAYVIEW LOAN SERVICING, LLC,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendant.

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

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

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conference for mediation or settlement. Lead counsel for each side must participate in the

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conference. The Court requests that the ADR Unit schedule it as soon as possible and ideally no

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later than April 5, 2016 if possible.

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Plaintiffs’ and defendant’s counsel should be prepared to discuss:

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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 unless otherwise directed.
In preparation for the telephone conference, plaintiffs should:
1. Review relevant loan documents and investigate the claims to determine whether
they have merit.

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2. If seeking a loan modification to resolve all or some of the claims, prepare a

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current, accurate financial statement and gather all of the information and

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documents customarily needed to support a loan modification request. Plaintiffs

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should immediately notify defendant’s counsel of any 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

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for 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 should:

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1. Evaluate a loan modification with the client if plaintiffs request that.

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2. Arrange for a representative of each defendant with full settlement authority to

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United States District Court
Northern District of California

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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.
Dated: March 10, 2016
______________________________________
JAMES DONATO
United States District Judge

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