Kaplan v. Seterus, Inc.

Filing 4

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Chief Magistrate Judge Joseph C. Spero on 6/8/16. (klhS, COURT STAFF) (Filed on 6/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LESLEY KAPLAN,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02940-JCS

v.
SETERUS, INC.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendant.

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the court refers this
foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
conference to assess this case's suitability for mediation or a settlement conference. Plaintiff and
defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit
as soon as possible but no later than July 6, 2016.
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.
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,

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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

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notice of plaintiff's request, counsel for defendants shall promptly notify plaintiff to

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that effect.

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United States District Court
Northern District of California

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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: June 8, 2016
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LESLEY KAPLAN,

Case No. 16-cv-02940-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SETERUS, INC.,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on June 8, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Lesley Kaplan
2910 Euclid Avenue
Concord, CA 94519

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Dated: June 8, 2016

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Susan Y. Soong
Clerk, United States District Court
By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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