Harms v. BAC Home Loans Servicing, L.P. et al

Filing 37

ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION FOR INITIAL ASSESSMENT AND VACATING SEPTEMBER 29, 2011 HEARING DATE. Signed by Judge Claudia Wilken on 9/13/2011. (ndr, COURT STAFF) (Filed on 9/13/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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DALE HARMS,

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No. 11-02757

Plaintiff,

CW

ORDER REFERRING CASE
TO ALTERNATIVE
DISPUTE RESOLUTION
FOR INITIAL
ASSESSMENT AND
VACATING SEPTEMBER
29, 2011 HEARING DATE

v.
BAC HOME LOANS SERVICING, L.P.,
RECONSTRUCT COMPANY N.A., DOES 1-10,
Defendants.
/

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Pursuant to Civil L.R. 16-8 and ADR L.R. 2-3, the Court refers

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this foreclosure-related action to the Alternative Dispute

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Resolution (ADR) Unit to assess this case’s suitability for

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mediation or a settlement conference.

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Defendants’ counsel shall participate in a telephone conference, to

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be scheduled by the ADR Unit on a date before September 21, 2011.

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Plaintiff Dale Harms and

Plaintiff and Defendants’ counsel shall be prepared to discuss

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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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(4)

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Any other matters that may be conducive to the just,
efficient and economical determination of the
action.

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The parties need not submit written materials to the ADR Unit for

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the telephone conference.

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In preparation for the telephone conference, Plaintiff shall
do the following:
(1)

Review relevant loan documents and conduct a brief
investigation of claims to determine whether the
claims in this action have merit.

(2)

If Plaintiff is seeking a loan modification to
resolve all or some of his claims, he 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 his request for a loan
modification.

(3)

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.

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United States District Court
For the Northern District of California

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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.

(2)

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 provide the parties with additional
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information regarding the telephone conference, including the date
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it will be held.

After the telephone conference has been held, the

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ADR Unit will advise the Court of its recommendation for further
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ADR proceedings.

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The September 29, 2011 hearing on Defendants’ motion to

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dismiss, Plaintiff’s motion to amend and the case management

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conference is vacated.

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the papers and will be decided after the Court receives notice of

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the result of the parties’ ADR conference.

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will set another date for a case management conference.

The motions are taken under submission on

If necessary, the Court

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 9/13/2011
CLAUDIA WILKEN
United States District Judge

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cc: ADR

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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HARMS et al,

Case Number: CV11-02757 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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BAC HOME LOANS SERVICING, L.P. et al,
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Defendant.
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United States District Court
For the 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 September 13, 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.

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Dale Norman Harms
2063 Main Street, Suite 282
Oakley, CA 94561

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Dated: September 13, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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