Rodriguez v. Wells Fargo Bank, N.A. et al
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAIME RODRIGUEZ,
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United States District Court
For the Northern District of California
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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.
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The Court has received notice that the United States
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Marshal's Service has served a summons on Defendant Wells Fargo
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Bank, N.A., as required by its October 20, 2011 order.
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Accordingly, the Court refers this foreclosure-related action to
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the Alternative Dispute Resolution (ADR) Unit, pursuant to Civil
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Local Rule 16-8 and ADR Local Rule 2-3, to assess this case’s
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suitability for mediation or a settlement conference.
Plaintiff
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and Defendants’ counsel shall participate in a telephone
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conference, to be scheduled by the ADR Unit on a date within
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thirty days following this order.
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Plaintiff and Defendants’ counsel shall be prepared to
discuss the following subjects:
(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
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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.
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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.
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(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 the date the
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telephone conference will be held.
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has been held, the ADR Unit will advise the Court of its
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recommendation for further ADR proceedings.
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After the telephone conference
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As the Court noted in its October 20, 2011 order, Plaintiff
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has yet to oppose Defendant First American Trustee Servicing
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Solutions, LLC's pending motion to dismiss, but shall respond
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within fourteen days after the date the ADR telephone conference
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is held.
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If Plaintiff fails to do so, the claims against that
Defendant will be dismissed without prejudice for failure to
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prosecute.
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IT IS SO ORDERED.
United States District Court
For the Northern District of California
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Dated: 11/8/2011
CLAUDIA WILKEN
United States District Judge
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cc: ADR
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