Changhouri v. Wells Fargo Bank, N.A.

Filing 15

ORDER REFERRING CASE FOR ADR ASSESSMENT. Signed by Judge Yvonne Gonzalez Rogers on 4/18/14. (fs, COURT STAFF) (Filed on 4/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 14-cv-1500-YGR

HYATT CHAGHOURI,

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ORDER REFERRING CASE FOR ADR
ASSESSMENT

Plaintiff,

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vs.
WELLS FARGO BANK, N.A.,
Defendant.

Northern District of California

United States District Court

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure13

related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to assess
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this case=s suitability for mediation or a settlement conference. Plaintiff and Defendants= counsel shall
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participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no
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later than May 9, 2014.
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Plaintiff’s 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 documents.

(2)

Prospects for loan modification.

(3)

Prospects for settlement.

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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 confirm that they

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have merit as pleaded.
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(2)

If Plaintiff is seeking a loan modification to resolve all or some of the claims,

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Plaintiff shall prepare a current, accurate financial statement and gather all of
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the information and documents customarily needed to support a loan
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modification request. Further, Plaintiff shall immediately notify Defendants=

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counsel of the request for a loan modification.

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(3)

Provide counsel for Defendants with information necessary to evaluate the

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prospects for loan modification, in the form of a financial statement, worksheet

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or application customarily used by financial institutions.

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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

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notice of Plaintiff=s request, counsel for Defendants shall promptly notify

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Plaintiff to that effect.

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(2)

participate in the telephone conference.

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Northern District of California

United States District Court

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Arrange for a representative of each Defendant with full settlement authority to

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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Date: April 18, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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