Jones v. Deutsche Bank National Trust Company et al
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROSALIND G. JONES,
Case No. 16-cv-01475-MEJ
Plaintiff,
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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
v.
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, et al.,
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United States District Court
Northern District of California
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Defendants.
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Pursuant to Civil Local Rule 16-8 and Alternative Dispute Resolution (ADR) Local Rule
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2-3, the Court refers this foreclosure-related action to the ADR Department for a telephone
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conference to assess the case’s suitability for mediation or a settlement conference. All
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proceedings in this case are stayed pending the outcome of the ADR assessment conference. Any
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pending motion, such as a motion to dismiss, is denied without prejudice to refiling it after the stay
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is lifted. After the ADR Department advises the Court of the outcome of the assessment
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conference, the Court will decide whether the stay should be lifted and, if necessary, issue a
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further scheduling order.
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The parties shall participate in a telephone conference, to be scheduled by the ADR
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Department as soon as possible, but no later than April 29, 2016. The parties shall be prepared to
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discuss the following subjects:
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(1)
Identification and description of claims and alleged defects in loan
documents.
(2)
Prospects for loan modification.
(3)
Prospects for settlement.
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The parties need not submit written materials to the ADR Unit for the telephone
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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.
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In preparation for the telephone conference, Defendants shall do the following.
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United States District Court
Northern District of California
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(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.
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The ADR Department will notify the parties of the date and time the telephone conference
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will be held. After the telephone conference, the ADR Department 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: March 29, 2016
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______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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