Stevens et al v. US Bancorp

Filing 15

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE NO LATER THAN 7/29/2014. Signed by Judge Yvonne Gonzalez Rogers on 7/11/2014. (fs, COURT STAFF) (Filed on 7/11/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 DAN STEVENS, AN INDIVIDUAL, AND DEBORAH STEVENS, AN INDIVIDUAL, Plaintiffs, 6 7 8 9 United States District Court For the Northern District of California 10 V. No. C 14-2709 YGR ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE US BANCORP, A DELAWARE CORPORATION; AND DOES 1-100, INCLUSIVE Defendants. ________________________________/ 11 12 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 13 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone 14 conference to assess this case=s suitability for mediation or a settlement conference. Plaintiffs and 15 Defendant=s counsel shall participate in a telephone conference, to be scheduled by the ADR Unit 16 as soon as possible but no later than July 29, 2014. 17 18 Plaintiffs' and Defendants= counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. 19 (2) Prospects for loan modification. (3) Prospects for settlement. 20 21 22 23 The parties need not submit written materials to the ADR Unit for the telephone conference. In preparation for the telephone conference, Plaintiffs shall do the following: (1) 24 25 Review relevant loan documents and investigate the claims to determine whether they have merit. (2) If Plaintiffs are seeking a loan modification to resolve all or some of the 26 claims, Plaintiffs shall prepare a current, accurate financial statement and 27 gather all of the information and documents customarily needed to support a 28 1 loan modification request. Further, Plaintiffs shall immediately notify 2 Defendant's counsel of the request for a loan modification. 3 (3) Provide counsel for Defendant with information necessary to evaluate the 4 prospects for loan modification, in the form of a financial statement, 5 worksheet or application customarily used by financial institutions. 6 7 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 Plaintiffs' request, counsel for Defendant shall promptly notify 8 Plaintiffs to that effect. 9 (2) United States District Court For the Northern District of California 10 11 12 13 14 Arrange for a representative of Defendant with full settlement authority to participate in the telephone conference. 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. 15 16 17 Date: July 11, 2014 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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