Mundy v. Bank of America, N.A. et al

Filing 7

ORDER Referring Case to ADR Unit for Assessment Telephone Conference by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 3/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL MUNDY,
Plaintiff,

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v.
BANK OF AMERICA, N.A., et al.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-01326-EDL

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

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

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defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit

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as soon as possible but no later than April 21, 2016.

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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.
In preparation for the telephone conference, plaintiff shall do the following:
1. 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 claims,
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

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prospects for loan modification, in the form of a financial statement, worksheet or

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application customarily used by financial institutions.

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4. In preparation for the telephone conference, counsel for defendants shall do the
following.
5. If defendants are unable or unwilling to do a loan modification after receiving
notice of plaintiff's request, counsel for defendants shall promptly notify plaintiff to

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United States District Court
Northern District of California

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that effect.

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6. 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.
Dated: March 21, 2016
______________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

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