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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIANE ANANIAN, et al.,

Case No. 16-cv-01535-MEJ

Plaintiffs,
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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

v.
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SABADELL UNITED BANK, N.A.,
Defendant.

United States District Court
Northern District of California

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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. All

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pending deadlines and hearings, including the Case Management Conference and related

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deadlines, are vacated. After the ADR Department advises the Court of the outcome of the

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assessment conference, the Court will decide whether the stay should be lifted and, if necessary,

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issue a further scheduling order. The parties are advised that no dispositive motions will be

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considered until that time.

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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 May 5, 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
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.

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In preparation for the telephone conference, Defendant shall do the following.

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, 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.

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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: April 5, 2016
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______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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