Ananian v. Sabadell United Bank, N.A.

Filing 5

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Maria-Elena James on 4/5//2016. (cdnS, COURT STAFF) (Filed on 4/5/2016)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DIANE ANANIAN, et al., Case No. 16-cv-01535-MEJ Plaintiffs, 8 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE v. 9 10 SABADELL UNITED BANK, N.A., Defendant. United States District Court Northern District of California 11 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. All 17 pending deadlines and hearings, including the Case Management Conference and related 18 deadlines, are vacated. After the ADR Department advises the Court of the outcome of the 19 assessment conference, the Court will decide whether the stay should be lifted and, if necessary, 20 issue a further scheduling order. The parties are advised that no dispositive motions will be 21 considered until that time. 22 The parties shall participate in a telephone conference, to be scheduled by the ADR 23 Department as soon as possible, but no later than May 5, 2016. The parties shall be prepared to 24 discuss the following subjects: 25 (1) Identification and description of claims and alleged defects in loan documents. (2) Prospects for loan modification. (3) Prospects for settlement. 26 27 28 1 2 3 The parties need not submit written materials to the ADR Unit for the telephone conference. In preparation for the telephone conference, Plaintiffs shall do the following: (1) Review relevant loan documents and investigate the claims to determine whether they have merit. (2) If Plaintiffs would like a loan modification to resolve all or some of the claims, Plaintiffs shall prepare a current, accurate financial statement and gather all of the information and documents customarily needed to support a loan modification request. Further, Plaintiffs shall immediately notify counsel for Defendant of the request for a loan modification. (3) Provide counsel for Defendant 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. 4 5 6 7 8 9 10 In preparation for the telephone conference, Defendant shall do the following. United States District Court Northern District of California 11 12 (1) If unable or unwilling to do a loan modification after receiving notice of the request, Defendant shall promptly notify Plaintiffs to that effect. (2) Arrange for a representative of each Defendant with full settlement authority to participate in the telephone conference. 13 14 15 The ADR Department will notify the parties of the date and time the telephone conference 16 will be held. After the telephone conference, the ADR Department will advise the Court of its 17 recommendation for further ADR proceedings. 18 IT IS SO ORDERED. 19 20 Dated: April 5, 2016 21 22 23 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?