Vossekuil v. Wells Fargo Home Loan et al

Filing 25

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 6/18/12. (fs, COURT STAFF) (Filed on 6/18/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 Northern District of California 8 Oakland Division 9 RUBEN VOSSEKUIL, No. C-12-02298-YGR 10 Plaintiff, ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE 11 12 For the Northern District of California UNITED STATES DISTRICT COURT v. WELLS FARGO HOME LOAN, et al., 13 14 Defendants. _____________________________________/ 15 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure- 16 17 18 19 20 related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff, his counsel, and Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible, but no later than June 25, 2012. 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 the telephone conference. 25 26 In preparation for the telephone conference, Plaintiff and his counsel shall do the following: (1) Review relevant loan documents and investigate the claims to determine whether 27 they have merit. 28 /// 1 (2) If Plaintiff is seeking a loan modification to resolve all or some of the claims, 2 Plaintiff shall prepare a current, accurate financial statement and gather all of the 3 information and documents customarily needed to support a loan modification 4 request. Further, Plaintiff shall immediately notify Defendants’ counsel of the request 5 for a loan modification. 6 (3) Provide counsel for Defendants with information necessary to evaluate the 7 prospects for loan modification, in the form of a financial statement, worksheet or 8 application customarily used by financial institutions. 9 10 In preparation for the telephone conference, counsel for Defendants shall do the following. (1) If Defendants are unable or unwilling to do a loan modification after receiving 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to 13 that effect. 14 (2) Arrange for a representative from Defendants with full settlement authority to 15 participate in the telephone conference. 16 17 The ADR Unit will notify the parties of the date and time that the telephone conference will 18 be held. After the telephone conference, the ADR Unit will advise the Court of its recommendation 19 for further ADR proceedings. 20 IT IS SO ORDERED. 21 22 June 18, 2012 23 By: Dated Yvonne Gonzalez Rogers United States District Judge 24 25 26 27 28 CC: ADR 2

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