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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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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