Howard v. First Horizon Home Loan Corporation et al

Filing 22

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Claudia Wilken on 11/27/2012. (ndr, COURT STAFF) (Filed on 11/27/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 PATRICK D. HOWARD, 5 6 7 Plaintiff, v. 9 FIRST HORIZON HOME LOAN CORPORATION; METLIFE HOME LOANS, LLC; NATIONSTAR MORTGAGE, LLC; and THE BANK OF NEW YORK MELLON CORPORATION, 10 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Defendants. 8 United States District Court For the Northern District of California No. C 12-5735 11 ________________________________/ 12 13 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the 14 Court refers this foreclosure-related action to the Alternative 15 Dispute Resolution (ADR) Unit for a telephone conference to assess 16 this case=s suitability for mediation or a settlement conference. 17 Plaintiff and Defendants= counsel shall participate in a telephone 18 conference, to be scheduled by the ADR Unit as soon as possible 19 but no later than December 21, 2012. 20 21 Plaintiff and Defendants= counsel shall be prepared to discuss 22 the following subjects: 23 (1) Identification and description of claims and alleged defects in loan documents. 24 (2) Prospects for loan modification. 25 (3) Prospects for settlement. 26 The parties need not submit written materials to the ADR Unit for 27 the telephone conference. 28 1 2 3 4 In preparation for the telephone conference, Plaintiff shall do the following: (1) Review relevant loan documents and investigate the claims to determine whether they have merit. (2) 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) 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 14 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 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 that 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 26 Dated: 11/27/2012 CLAUDIA WILKEN United States District Judge 27 cc: ADR 28 2

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