Sterling et al v. Deutsch Bank Americas

Filing 8

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Claudia Wilken on 2/28/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/28/2014)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11

DARRICK D. STERLING, SPIRIT AND
SELF MINISTRIES, SYLVESTER
BRADFORD, and YVONNE TIJERINO,
Plaintiffs,
v.

No. C 14-00827 CW
ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE

DEUTSCH BANK AMERICAS, MARILYN Y.
RODRIQUEZ, SPRE, INC., GMAC
MORTGAGE, CYPREXX CORPORATION,
WOLF FIRM, KAYO MANSON-TOMKIN,
ALAMEDA COUNTY SHERIFF, and
ALAMEDA COUNTY COUNSEL,
Defendants.
________________________________/

12
13

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

14

Court refers this foreclosure-related action to the Alternative

15

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

16

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

17

Plaintiffs and Defendants who have been served, or their counsel,

18

shall participate in a telephone conference, to be scheduled by

19
the ADR Unit as soon as possible but no later than March 12, 2014.
20
21
22
23
24
25
26

The parties or their counsel shall be prepared to discuss the
following subjects:
(1)

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

(2)

Prospects for loan modification.

(3)

Prospects for settlement.

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

27
the telephone conference.
28

1
2

In preparation for the telephone conference, Plaintiffs shall
do the following:
(1)

If Plaintiffs are seeking a loan modification to
resolve all or some of their claims, they 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)

4

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

(2)

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

In preparation for the telephone conference, counsel for
Defendants shall do the following.

14

(1)

If Defendants are unable or unwilling to do a loan
modification after receiving notice of Plaintiffs=
request, counsel for Defendants shall promptly
notify Plaintiffs to that effect.

(2)

Arrange for a representative from Defendants 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 has been held, the ADR Unit will advise the Court of

22

its recommendation for further ADR proceedings.

After the telephone

23
24
25
26

IT IS SO ORDERED.
Dated:

2/28/2014

CLAUDIA WILKEN
United States District Judge

27
28
2