Wyman et al v. First American Title Insurance Company et al
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Alsup on 1/4/17. (whalc1, COURT STAFF) (Filed on 1/4/2017)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOSEPH R. WYMAN, LISA D. WYMAN,
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For the Northern District of California
United States District Court
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No. C 16-07079 WHA
Plaintiff,
v.
FIRST AMERICAN TITLE INSURANCE
COMPANY, WELLS FARGO BANK,
N.A., as Servicing Agent for HSBC BANK
USA, National Association as Trustee for
Wells Fargo Asset Securities Corporation,
Mortgage Pass-Through Certificates, Series
2006-AR18, WELLS FARGO BANK,
N.A., and DOES 1 through 35, inclusive
ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE
Defendants.
/
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the court refers this
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foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
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conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff
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and defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR
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Unit as soon as possible but no later than FEBRYARY 1.
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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.
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The parties need not submit written materials to the ADR Unit for the telephone
conference.
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In preparation for the telephone conference, plaintiff shall do the following:
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(1)
Review relevant loan documents and investigate the claims
to determine whether they have merit.
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(2)
If plaintiff is seeking 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 defendants’
counsel of the request for a loan modification.
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(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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For the Northern District of California
United States District Court
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(4)
In preparation for the telephone conference, counsel for
defendants shall do the following.
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(5)
If defendants are unable or unwilling to do a loan
modification after receiving notice of plaintiff's request, counsel
for defendants shall promptly notify plaintiff to that effect.
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(6)
Arrange for a representative of each defendant with full
settlement authority to participate in the telephone conference.
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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.
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Dated:
January 4, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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