Cruz et al v. JP Morgan Chase Bank, National Association et al

Filing 40

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Claudia Wilken on 10/16/2012. (ndr, COURT STAFF) (Filed on 10/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARMIE CUA CRUZ; and FLORO LORENZO
CRUZ, JR.,
Plaintiffs,

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United States District Court
For the Northern District of California

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v.

No. C 12-3219
ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE

JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, 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 and Defendants’ counsel shall participate in the

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telephone conference that has scheduled by the ADR Unit for

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Monday, October 22, 2012 at 2:00 p.m.
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Plaintiffs and Defendants’ counsel 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 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 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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After the telephone conference, the ADR Unit will advise the
Court of its recommendation for further ADR proceedings.
IT IS SO ORDERED.

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Dated: 10/16/2012

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CLAUDIA WILKEN
United States District Judge

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cc: ADR

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