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

Filing 35

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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HERNANDO CAAMPUED and CECILIA
CAAMPUED,
Plaintiffs,

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United States District Court
For the Northern District of California

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v.

No. C 12-1223 CW
ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE

DEUTSCHE BANK NATIONAL TRUST
COMPANY as Trustee for HARBORVIEW
MORTGAGE LOAN TRUST 2006-8, et
al.,
Defendants.
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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the

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Court refers this foreclosure-related action to the Alternative

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Dispute Resolution (ADR) Unit for a telephone conference to assess

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this case=s suitability for mediation or a settlement conference.

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Plaintiffs, their counsel and Defendants' counsel shall

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participate in a telephone conference, to be scheduled by the ADR

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Unit as soon as possible but no later than May 10, 2012.
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Counsel for Plaintiffs 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

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the telephone conference.
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In preparation for the telephone conference, Plaintiffs and
their counsel shall do the following:
(1)

If Plaintiffs are seeking a loan modification to
resolve all or some of the claims, Plaintiffs shall
prepare a current, accurate financial statement and
gather all of the information and documents
customarily needed to support a loan modification
request. Further, Plaintiffs shall immediately
notify Defendants' counsel of the request for a
loan modification.

(3)

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Review relevant loan documents and investigate the
claims to determine whether they have merit.

(2)

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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.

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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 Plaintiffs=
request, counsel for Defendants shall promptly
notify Plaintiffs to that effect.

(2)

Arrange for a representative from Defendants with
full settlement authority to participate in the
telephone conference.

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The ADR Unit will notify the parties of the date and time

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that the telephone conference will be held.

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conference, the ADR Unit will advise the Court of its

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recommendation for further ADR proceedings.

After the telephone

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IT IS SO ORDERED.
Dated:

Claudia Wilken
United States District Judge

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4/23/2012

cc: ADR

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