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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GAIL BENNETT-WOFFORD, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-00891-JD v. BAYVIEW LOAN SERVICING, LLC, ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Defendant. 12 13 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 14 foreclosure-related matter to the Alternative Dispute Resolution (ADR) Unit for a telephone 15 conference for mediation or settlement. Lead counsel for each side must participate in the 16 conference. The Court requests that the ADR Unit schedule it as soon as possible and ideally no 17 later than April 5, 2016 if possible. 18 Plaintiffs’ and defendant’s counsel should be prepared to discuss: 19 1. Identification and description of claims and alleged defects in loan documents. 20 2. Prospects for loan modification. 21 3. Prospects for settlement. 22 23 24 25 26 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. 27 2. If seeking a loan modification to resolve all or some of the claims, prepare a 28 current, accurate financial statement and gather all of the information and 1 documents customarily needed to support a loan modification request. Plaintiffs 2 should immediately notify defendant’s counsel of any request for a loan 3 modification. 4 3. Provide counsel for defendant with information necessary to evaluate the prospects 5 for loan modification, in the form of a financial statement, worksheet or application 6 customarily used by financial institutions. 7 In preparation for the telephone conference, counsel for defendant should: 8 1. Evaluate a loan modification with the client if plaintiffs request that. 9 2. Arrange for a representative of each defendant with full settlement authority to 10 United States District Court Northern District of California 11 participate in the telephone conference. The ADR Unit will notify the parties of the date and time that the telephone conference 12 will be held. After the telephone conference, the ADR Unit will advise the Court of its 13 recommendation for further ADR proceedings. 14 15 16 17 IT IS SO ORDERED. Dated: March 10, 2016 ______________________________________ JAMES DONATO United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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