Jones v. Deutsche Bank National Trust Company et al

Filing 5

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT CONFERENCE. Signed by Judge Maria-Elena James on 3/29/2016. (cdnS, COURT STAFF) (Filed on 3/29/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROSALIND G. JONES, Case No. 16-cv-01475-MEJ Plaintiff, 8 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE v. 9 DEUTSCHE BANK NATIONAL TRUST COMPANY, et al., 11 United States District Court Northern District of California 10 Defendants. 12 13 Pursuant to Civil Local Rule 16-8 and Alternative Dispute Resolution (ADR) Local Rule 14 2-3, the Court refers this foreclosure-related action to the ADR Department for a telephone 15 conference to assess the case’s suitability for mediation or a settlement conference. All 16 proceedings in this case are stayed pending the outcome of the ADR assessment conference. Any 17 pending motion, such as a motion to dismiss, is denied without prejudice to refiling it after the stay 18 is lifted. After the ADR Department advises the Court of the outcome of the assessment 19 conference, the Court will decide whether the stay should be lifted and, if necessary, issue a 20 further scheduling order. 21 The parties shall participate in a telephone conference, to be scheduled by the ADR 22 Department as soon as possible, but no later than April 29, 2016. The parties shall be prepared to 23 discuss the following subjects: 24 (1) Identification and description of claims and alleged defects in loan documents. (2) Prospects for loan modification. (3) Prospects for settlement. 25 26 27 The parties need not submit written materials to the ADR Unit for the telephone 28 1 2 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 would like a loan modification to resolve all or some of the claims, Plaintiff shall prepare a current, accurate financial statement and gather all of the information and documents customarily needed to support a loan modification request. Further, Plaintiff shall immediately notify counsel for Defendants of the request for a loan modification. (3) 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. 3 4 5 6 7 8 9 In preparation for the telephone conference, Defendants shall do the following. 10 United States District Court Northern District of California 11 (1) If unable or unwilling to do a loan modification after receiving notice of the request, Defendants shall promptly notify Plaintiff to that effect. (2) Arrange for a representative of each Defendant with full settlement authority to participate in the telephone conference. 12 13 14 The ADR Department will notify the parties of the date and time the telephone conference 15 will be held. After the telephone conference, the ADR Department will advise the Court of its 16 recommendation for further ADR proceedings. 17 IT IS SO ORDERED. 18 19 Dated: March 29, 2016 20 21 22 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 23 24 25 26 27 28 2

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