Chen v. Deutsche Bank Natioal Trust Company et al

Filing 52

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 5/1/14. (fs, COURT STAFF) (Filed on 5/1/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NAN HUI CHEN,

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No.13-CV-3352-YGR

Plaintiff,
v.
DEUTSCHE BANK, et al.,

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Defendants.

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ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE

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United States District Court
For the Northern District of California

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

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as soon as possible but no later than March 21, 2014.

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Plaintiff 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
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 the telephone conference.
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.

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(3)

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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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United States District Court
For the Northern District of California

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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.

The ADR Unit will notify the parties of the date and time the telephone conference will be
held. After the telephone conference, the ADR Unit will advise the Court of its recommendation
for further ADR proceedings.
IT IS SO ORDERED.

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Dated: May 1, 2014

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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