Nissim v. Wells Fargo Bank, N.A.

Filing 19

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Claudia Wilken on 4/23/2012. (ndr, COURT STAFF) (Filed on 4/23/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 JACK NISSIM, 5 6 7 8 9 No. C 12-1201 CW Plaintiff, v. WELLS FARGO BANK, NA, et al., ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Defendants. ________________________________/ 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 12 Court refers this foreclosure-related action to the Alternative 13 Dispute Resolution (ADR) Unit for a telephone conference to assess 14 this case=s suitability for mediation or a settlement conference. 15 Plaintiff, his counsel and Defendants' counsel shall participate 16 in a telephone conference, to be scheduled by the ADR Unit as soon 17 as possible but no later than May 3, 2012. 18 19 20 Counsel for Plaintiff and Defendants shall be prepared to discuss the following subjects: 21 (1) Identification and description of claims and alleged defects in loan documents. 22 (2) Prospects for loan modification. 23 (3) Prospects for settlement. 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 and his counsel shall do the following: (1) 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 Defendants' counsel of the request for a loan modification. (3) 2 Review relevant loan documents and investigate the claims to determine whether they have merit. (2) 1 Provide counsel for Defendants 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 In preparation for the telephone conference, counsel for Defendants shall do the following. 12 (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 from Defendants 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 that the telephone conference will be held. After the telephone 19 conference, the ADR Unit will advise the Court of its 20 recommendation for further ADR proceedings. 21 22 23 IT IS SO ORDERED. Dated: 4/23/2012 United States District Judge Claudia Wilken 24 25 cc: ADR 26 27 28 2

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