Miller v. Wells Fargo Bank, National Association

Filing 7

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Signed by Magistrate Judge Donna M. Ryu on 04/15/2013. (dmrlc1, COURT STAFF) (Filed on 4/15/2013)

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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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THERESA MILLER,

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No. C-13-01622 DMR

Plaintiff,
v.

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WELLS FARGO BANK, N.A.,

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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendant.
___________________________________/

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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. Plaintiff and

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

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April 29, 2013 or as soon thereafter as is convenient to the ADR Unit.

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Plaintiff and Defendant’s 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, Plaintiff 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 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 Defendant’s
counsel of the request for a loan modification.

(3)

Provide counsel for Defendant 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 Defendant shall do the following.
(1)

If Defendant is unable or unwilling to do a loan modification after receiving
notice of Plaintiff’s request, counsel for Defendant 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.

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IT IS SO ORDERED.

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Dated: April 15, 2013

DERED

O OR
IT IS S

NO

DONNA M. RYU
. Ryu
United States Magistrate Judge
onna M

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Judge D

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S DISTRICT
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UNIT
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For the Northern District of California

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United States District Court

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