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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAN STEVENS, AN INDIVIDUAL, AND DEBORAH
STEVENS, AN INDIVIDUAL,
Plaintiffs,

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United States District Court
For the Northern District of California

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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.
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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. Plaintiffs and

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Defendant=s 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 July 29, 2014.

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Plaintiffs' and Defendants= counsel shall be prepared to discuss the following subjects:
(1)

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

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

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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

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claims, Plaintiffs shall prepare a current, accurate financial statement and

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gather all of the information and documents customarily needed to support a

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loan modification request. Further, Plaintiffs shall immediately notify

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Defendant's counsel of the request for a loan modification.

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(3)

Provide counsel for Defendant with information necessary to evaluate the

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

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worksheet or application customarily used by financial institutions.

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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

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Plaintiffs to that effect.
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(2)
United States District Court
For the Northern District of California

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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.

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Date: July 11, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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