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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 HERNANDO CAAMPUED and CECILIA CAAMPUED, Plaintiffs, 6 7 8 9 United States District Court For the Northern District of California 10 11 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. ________________________________/ 12 13 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the 14 Court refers this foreclosure-related action to the Alternative 15 Dispute Resolution (ADR) Unit for a telephone conference to assess 16 this case=s suitability for mediation or a settlement conference. 17 Plaintiffs, their counsel and Defendants' counsel shall 18 participate in a telephone conference, to be scheduled by the ADR 19 Unit as soon as possible but no later than May 10, 2012. 20 21 22 Counsel for Plaintiffs and Defendants shall be prepared to discuss the following subjects: 23 (1) Identification and description of claims and alleged defects in loan documents. 24 (2) Prospects for loan modification. 25 (3) Prospects for settlement. 26 The parties need not submit written materials to the ADR Unit for 27 the telephone conference. 28 1 2 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) 4 Review relevant loan documents and investigate the claims to determine whether they have merit. (2) 3 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. 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 In preparation for the telephone conference, counsel for Defendants shall do the following. 14 (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. 15 16 17 18 19 The ADR Unit will notify the parties of the date and time 20 that the telephone conference will be held. 21 conference, the ADR Unit will advise the Court of its 22 recommendation for further ADR proceedings. After the telephone 23 24 25 IT IS SO ORDERED. Dated: Claudia Wilken United States District Judge 26 27 4/23/2012 cc: ADR 28 2

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