Hamza et al v. U.S. Bank National Association et al

Filing 17

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Claudia Wilken on 6/4/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 6/4/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 ADE HAMZA and MORENIKE HAMZA, No. C 12-1391 CW 5 Plaintiff, ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE 6 7 8 9 United States District Court For the Northern District of California 10 11 12 v. U.S. BANK NATIONAL ASSOCIATION, et al., Defendants. ________________________________/ Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure-related action to the Alternative 13 Dispute Resolution (ADR) Unit for a telephone conference to assess 14 15 this case=s suitability for mediation or a settlement conference. 16 Plaintiffs and Defendants= counsel shall participate in a telephone 17 conference, to be scheduled by the ADR Unit as soon as possible 18 but no later than June 18, 2012. 19 20 21 Plaintiffs and Defendants= counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. 23 (2) Prospects for loan modification. 24 (3) Prospects for settlement. 22 25 The parties need not submit written materials to the ADR Unit for 26 the telephone conference. 27 28 1 2 In preparation for the telephone conference, Plaintiffs 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) 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 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. 15 16 17 18 19 The ADR Unit will notify the parties of the date and time 20 the telephone conference will be held. 21 conference, the ADR Unit will advise the Court of its 22 recommendation for further ADR proceedings. 23 After the telephone IT IS SO ORDERED. 24 25 Dated: 6/4/2012 26 27 Claudia Wilken United States District Judge cc: ADR 28 2

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