Howard v. First Horizon Home Loan Corporation et al
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PATRICK D. HOWARD,
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Plaintiff,
v.
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FIRST HORIZON HOME LOAN
CORPORATION; METLIFE HOME LOANS,
LLC; NATIONSTAR MORTGAGE, LLC;
and THE BANK OF NEW YORK MELLON
CORPORATION,
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ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE
Defendants.
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United States District Court
For the Northern District of California
No. C 12-5735
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________________________________/
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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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Plaintiff and Defendants= counsel shall participate in a telephone
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conference, to be scheduled by the ADR Unit as soon as possible
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but no later than December 21, 2012.
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Plaintiff and Defendants= counsel shall be prepared to discuss
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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, 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.
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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.
(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 notify the parties of the date and time
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that the telephone conference will be held.
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conference, the ADR Unit will advise the Court of its
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recommendation for further ADR proceedings.
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After the telephone
IT IS SO ORDERED.
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Dated: 11/27/2012
CLAUDIA WILKEN
United States District Judge
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cc: ADR
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