Parmelee v. Wells Fargo Home Mortgage et al

Filing 7

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Maria-Elena James on 6/22/2016. (mejlc2S, COURT STAFF) (Filed on 6/22/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JANE PARMELEE, Case No. 16-cv-03325-MEJ Plaintiff, 8 ORDER VACATING CMC AND MOTION HEARINGS v. 9 10 WELLS FARGO HOME MORTGAGE, et al., Defendants. United States District Court Northern District of California 11 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE 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. All other deadlines and hearings, such as any pending Case Management Conference, are 19 vacated. After the ADR Department advises the Court of the outcome of the assessment 20 conference, the Court will decide whether the stay should be lifted and, if necessary, issue a 21 further scheduling order. 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 July 22, 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, 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. 4 5 6 7 8 9 10 In preparation for the telephone conference, Defendants 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, 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. 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: June 22, 2016 21 22 23 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 24 25 26 27 28 2

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