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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 ARMIE CUA CRUZ; and FLORO LORENZO CRUZ, JR., Plaintiffs, 6 7 8 9 United States District Court For the Northern District of California 10 v. No. C 12-3219 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, et al., Defendants. ________________________________/ 11 12 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the 13 Court refers this foreclosure-related action to the Alternative 14 Dispute Resolution (ADR) Unit for a telephone conference to assess 15 this case’s suitability for mediation or a settlement conference. 16 Plaintiffs and Defendants’ counsel shall participate in the 17 telephone conference that has scheduled by the ADR Unit for 18 Monday, October 22, 2012 at 2:00 p.m. 19 20 21 Plaintiffs and Defendants’ counsel shall be prepared to discuss the following subjects: 22 (1) Identification and description of claims and alleged defects in loan documents. 23 (2) Prospects for loan modification. 24 (3) Prospects for settlement. 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 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 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 20 21 After the telephone conference, the ADR Unit will advise the Court of its recommendation for further ADR proceedings. IT IS SO ORDERED. 22 23 Dated: 10/16/2012 24 CLAUDIA WILKEN United States District Judge 25 26 27 cc: ADR 28 2

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