Schmidt et al v. JP Morgan Chase Bank N.A. et al

Filing 25

ORDER Referring Case to ADR Unit for Assessment. Signed by Magistrate Judge Donna M. Ryu on 03/18/2013. (dmrlc1, COURT STAFF) (Filed on 3/18/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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JAMES SCHMIDT, et al.,

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Plaintiffs,
v.

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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

JP MORGAN CHASE, et al.,

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No. C-13-00098 DMR

Defendants.
___________________________________/

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the court refers this

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foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone

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conference to assess this case’s suitability for mediation or a settlement conference. Plaintiffs and

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Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit by

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April 1, 2013 or as soon thereafter as is convenient to the ADR Unit.

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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

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(2)

Prospects for loan modification.

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(3)

Prospects for settlement.

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documents.

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The parties need not submit written materials to the ADR Unit for the telephone conference.

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In preparation for the telephone conference, Plaintiffs shall do the following:

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(1)

Review relevant loan documents and investigate the claims to determine
whether they have merit.

(2)

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)

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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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 Plaintiffs’ 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 the telephone conference will be

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held. After the telephone conference, the ADR Unit will advise the court of its recommendation for

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further ADR proceedings.

RT

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H

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cc:

ADR [candml_sf [e-mail]]

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u

a M. Ry

onn
Judge D

DONNA M. RYU
United E
States Magistrate Judge

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RN

R NIA

NO

Dated: March 18, 2013

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FO

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ERED

ORD
T IS SO

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IT IS SO ORDERED.

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S DISTRICT
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S

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UNIT
ED

For the Northern District of California

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RT
U
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United States District Court

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F
D IS T IC T O
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