Fa et al v. Deutsche Bank National Trust Company et al

Filing 18

ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION FOR INITIAL ASSESSMENT. Signed by Judge Claudia Wilken on 9/16/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 9/16/2011)

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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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MATIU K. FA, et al.,

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No. 11-04024 CW

Plaintiffs,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY,
et al.,

ORDER REFERRING
CASE TO ALTERNATIVE
DISPUTE RESOLUTION
FOR INITIAL
ASSESSMENT

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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Tolifili Fa and Defendants’ counsel shall participate in a

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telephone conference, to be scheduled by the ADR Unit on a date

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before October 13, 2011.

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Plaintiffs and Defendants’ counsel shall be prepared to
discuss the following subjects:
(1)

Identification and description of claims and alleged
defects in loan documents.

(2)

Prospects for loan modification.

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Plaintiffs Matiu and

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(3)

Prospects for settlement.

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(4)

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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IT IS SO ORDERED.

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Dated: 9/16/2011
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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cc: ADR

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