Perez et al v. JPMorgan Chase Bank et al

Filing 20

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Claudia Wilken on 1/17/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/17/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 AMELIA PEREZ, et al., No. C 11-3602 CW 5 Plaintiffs, ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE 6 v. 7 JPMORGAN CHASE BANK, et al., 8 Defendants. ________________________________/ 9 United States District Court For the Northern District of California 10 11 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure-related action to the Alternative 12 Dispute Resolution (ADR) Unit for a telephone conference to assess 13 14 this case=s suitability for mediation or a settlement conference. 15 Plaintiff and Defendant's= counsel shall participate in a telephone 16 conference, to be scheduled by the ADR Unit as soon as possible 17 but no later than Tuesday, January 31, 2012. 18 19 20 Plaintiff and Defendant's= counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. 22 (2) Prospects for loan modification. 23 (3) Prospects for settlement. 21 24 The parties need not submit written materials to the ADR Unit for 25 the telephone conference. 26 27 28 In preparation for the telephone conference, Plaintiff shall do the following: 1 2 (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, 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 Defendant's counsel of the request for a loan modification. (3) Provide counsel for Defendant 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. 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 In preparation for the telephone conference, counsel for Defendant shall do the following. (1) If Defendant is unable or unwilling to do a loan modification after receiving notice of Plaintiff=s request, counsel for Defendant shall promptly notify Plaintiff to that effect. (2) Arrange for a representative from Defendant with full settlement authority to participate in the telephone conference. 13 14 15 16 17 The ADR Unit will notify the parties of the date and time 18 the telephone conference will be held. 19 conference, the ADR Unit will advise the Court of its 20 recommendation for further ADR proceedings. 21 22 23 24 25 After the telephone The case management conference previously scheduled for Wednesday, January 18, 2012, is vacated. IT IS SO ORDERED. Dated: 1/17/2012 Claudia Wilken United States District Judge 26 27 28 2

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