Meadows v. First American Trustee Servicing Solutions, LLC et al

Filing 37

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 5/7/12. (fs, COURT STAFF) (Filed on 5/7/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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RANDY MEADOWS,
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No. 11-cv-05754-YGR
Plaintiff,

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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

v.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC,

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Defendants.
_____________________________________/

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure-

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related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to assess

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this case’s suitability for mediation or a settlement conference. Plaintiff, his counsel, and

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Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as

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soon as possible, but no later than May 10, 2012.

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Counsel for Plaintiff and Defendants shall be prepared to discuss 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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The parties need not submit written materials to the ADR Unit for the telephone conference.
In preparation for the telephone conference, Plaintiff and his counsel shall do the following:

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(1) Review relevant loan documents and all previous and pending modification

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applications.

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(2) If Plaintiff is seeking a loan modification to resolve all or some of the claims,

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Plaintiff shall prepare a current, accurate financial statement and gather all of the

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information and documents customarily needed to support a loan modification

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request. Further, Plaintiff shall immediately notify and/or confirm to Defendants’

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counsel that he still requests for a loan modification.

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(3) Provide counsel for Defendants with information necessary to evaluate the

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prospects for loan modification, in the form of a financial statement, worksheet or

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application customarily used by financial institutions.

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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

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For the Northern District of California

UNITED STATES DISTRICT COURT

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notice or confirmation of Plaintiffs’ request, counsel for Defendants shall promptly

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notify Plaintiff to that effect.

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(2) Arrange for a representative from Defendants with full settlement authority to

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participate in the telephone conference.

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The ADR Unit will notify the parties of the date and time that the telephone conference will

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be held. After the telephone conference, the ADR Unit will advise the Court of its recommendation

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for further ADR proceedings.

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IT IS SO ORDERED.

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May 7, 2012

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By:

Dated

Yvonne Gonzalez Rogers
United States District Judge

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CC:

ADR Unit

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