Rodriguez v. Wells Fargo Bank, N.A. et al

Filing 18

ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION FOR INITIAL ASSESSMENT. Signed by Judge Claudia Wilken on 11/8/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/8/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 JAIME RODRIGUEZ, 5 6 7 8 9 United States District Court For the Northern District of California 10 Plaintiff, v. WELLS FARGO BANK, N.A.; and FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC, No. C 11-03654 CW ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION FOR INITIAL ASSESSMENT Defendants. ________________________________/ 11 12 The Court has received notice that the United States 13 Marshal's Service has served a summons on Defendant Wells Fargo 14 Bank, N.A., as required by its October 20, 2011 order. 15 Accordingly, the Court refers this foreclosure-related action to 16 the Alternative Dispute Resolution (ADR) Unit, pursuant to Civil 17 Local Rule 16-8 and ADR Local Rule 2-3, to assess this case’s 18 suitability for mediation or a settlement conference. Plaintiff 19 20 and Defendants’ counsel shall participate in a telephone 21 conference, to be scheduled by the ADR Unit on a date within 22 thirty days following this order. 23 24 25 Plaintiff and Defendants’ counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. 27 (2) Prospects for loan modification. 28 (3) Prospects for settlement. 26 1 2 The parties need not submit written materials to the ADR Unit for the telephone conference. 3 In preparation for the telephone conference, Plaintiff shall 4 5 6 do the following: (1) Review relevant loan documents and conduct a brief investigation of the claims in this action to determine whether they 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. 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 In preparation for the telephone conference, counsel for Defendants shall do the following. 18 (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. 19 20 21 22 23 24 The ADR Unit will provide the parties with the date the 25 telephone conference will be held. 26 has been held, the ADR Unit will advise the Court of its 27 recommendation for further ADR proceedings. 28 2 After the telephone conference 1 As the Court noted in its October 20, 2011 order, Plaintiff 2 has yet to oppose Defendant First American Trustee Servicing 3 Solutions, LLC's pending motion to dismiss, but shall respond 4 within fourteen days after the date the ADR telephone conference 5 is held. 6 If Plaintiff fails to do so, the claims against that Defendant will be dismissed without prejudice for failure to 7 prosecute. 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 Dated: 11/8/2011 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 cc: ADR 18 19 20 21 22 23 24 25 26 27 28 3

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