Cortez v. New Century Mortgage Corporation et al

Filing 4

ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION UNIT FOR INITIAL ASSESSMENT. Signed by Judge Claudia Wilken on 3/10/2011. (ndr, COURT STAFF) (Filed on 3/10/2011)

Cortez v. New Century Mortgage Corporation et al

Doc. 4

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil L.R. 16-8 and ADR L.R. 2-3, the Court refers this foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit to assess this case's suitability for mediation or a settlement conference. Plaintiff Clarissa C. Cortez v. NEW CENTURY MORTGAGE CORPORATION, SAXON MORTGAGE SERVICES, INC., OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, PACIFIC MORTGAGE CONSULTANTS, AND DOES 1 through 50, inclusive, Defendants. / No. C 11-01019 CW CLARISSA C. CORTEZ, Plaintiff, ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION UNIT FOR INITIAL ASSESSMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

and Defendants who have been served--Saxon Mortgage Services and Old Republic Title Company, or their counsel--shall participate in a telephone conference, to be scheduled by the ADR Unit on a date before March 25, 2011. The parties or their counsel shall be prepared to discuss the following subjects:

Dockets.Justia.com

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(1) (2)

Identification and description of claims and alleged defects in loan documents. Prospects for loan modification. Prospects for settlement. Any other matters that may be conducive to the just, efficient and economical determination of the action.

3 (3) 4 (4) 5 6 The parties need not submit written materials to the ADR Unit for 7 the telephone conference. 8 In preparation for the telephone conference, Plaintiff shall 9 do the following: 10 United States District Court For the Northern District of California (1) 11 12 13 14 15 16 (3) 17 18 19 20 21 22 23 24 (2) 25 26 The ADR Unit will provide the parties with additional 27 28 2 Arrange for a representative of each Defendant with full settlement authority to participate in the telephone conference. Provide counsel for Defendants with information necessary to evaluate the prospects for loan modification. The general and financial information provided to Defendants may be in the form of a financial statement, worksheet or application customarily used by financial institutions. (2) Review relevant loan documents and the claims she has filed. If Plaintiff is seeking a loan modification to resolve all or some of her claims, she 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 her request for a loan modification.

In preparation for the telephone conference, counsel for Defendants shall do the following. (1) 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.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

information regarding the telephone conference, including the date it will be held. After the telephone conference has been held, the

ADR Unit will advise the Court of its recommendation for further ADR proceedings. IT IS SO ORDERED. Dated: 3/10/2011 CLAUDIA WILKEN United States District Judge

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cc: ADR

1 2 3 CLARISSA C. CORTEZ, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV11-01019 CW CERTIFICATE OF SERVICE NEW CENTURY MORTGAGE CORP et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Clarrisa C. Cortez 2609 Covelite Way Antioch, CA 94531 Dated: March 10, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk /

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 March 10, 2011, 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.