Kingston v. Wells Fargo Home Mortgage

Filing 5

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Donna M. Ryu on 09/16/13. (dmrlc2, COURT STAFF) (Filed on 9/16/2013)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

JO ANN KINGSTON,

5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12

Plaintiff,
v.
WELLS FARGO HOME MORTGAGE, et
al.,

No. C 13-4181-DMR
ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE

Defendants.
________________________________/
Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the
Court refers this foreclosure-related action to the Alternative

13
Dispute Resolution (ADR) Unit for a telephone conference to assess
14
15

this case=s suitability for mediation or a settlement conference.

16

Plaintiff and Defendants= counsel shall participate in a telephone

17

conference, to be scheduled by the ADR Unit as soon as possible

18

but no later than October 1, 2013.

19

Plaintiff and Defendants= counsel shall be prepared to discuss

20

the following subjects:

21

(1)

Identification and description of claims and
alleged defects in loan documents.

23

(2)

Prospects for loan modification.

24

(3)

Prospects for settlement.

22

25

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

26

the telephone conference.

27
28

1
2
3
4

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.

5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14

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.

15
16
17
18
19

The ADR Unit will notify the parties of the date and time

20

the telephone conference will be held.

21

conference, the ADR Unit will advise the Court of its

22

recommendation for further ADR proceedings.

23

After the telephone

IT IS SO ORDERED.

24
25
26

Dated: September 16, 2013
United States Magistrate Judge

27
28
2