Lee v. American Home Mortgage Servicing, Inc. et al

Filing 14

ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION UNIT FOR INITIAL ASSESSMENT. Signed by Judge Claudia Wilken on 5/29/2012. (ndr, COURT STAFF) (Filed on 5/29/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-2287 CW
SHEKY Y. LEE,

United States District Court
For the Northern District of California

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Plaintiff,
v.
AMERICAN HOME MORTGAGE SERVICING,
INC.; FIDELITY NATIONAL TITLE
COMPANY; and POWER DEFAULT SERVICES,
INC.,

ORDER REFERRING
CASE TO
ALTERNATIVE
DISPUTE
RESOLUTION UNIT
FOR INITIAL
ASSESSMENT

Defendants.

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Pursuant to Civil L.R. 16-8 and ADR L.R. 2-3, the Court refers

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this foreclosure-related action to the Alternative Dispute

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Resolution (ADR) Unit to assess this case’s suitability for

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mediation or a settlement conference.

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Defendants American Home Mortgage Servicing, Inc. and Power Default

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Services, Inc., or their counsel, shall participate in a telephone

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conference, to be scheduled by the ADR Unit on a date before June

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14, 2012.

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Plaintiff Sheky Y. Lee and

The parties or their counsel shall be prepared to discuss the
following subjects:
(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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(4)

Any other matters that may be conducive to the just,
efficient and economical determination of the
action.

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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, Plaintiff shall
do the following:
(1)

Review relevant loan documents and the claims he has
filed.

(2)

If Plaintiff is seeking a loan modification to
resolve all or some of his claims, he 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 his request for a loan
modification.

(3)

Provide counsel for Defendants with information
necessary to evaluate the prospects for loan
modification. The general and financial information
provided to Defendants may be in the form of a
financial statement, worksheet or application
customarily used by financial institutions.

United States District Court
For the Northern District of California

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In preparation for the telephone conference, counsel for
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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 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.

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The ADR Unit will provide the parties with additional

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information regarding the telephone conference, including the date

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it will be held.

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After the telephone conference has been held, the
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ADR Unit will advise the Court of its recommendation for further

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ADR proceedings.

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IT IS SO ORDERED.
Dated: 5/29/2012
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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