Rivera et al v. Deutsche Bank National Trust Company, as trustee of certificate-holders of the WaMu Mortgage Pass Through Certificate Series 2005-AR6 et al

Filing 20

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 2/22/16. (fs, COURT STAFF) (Filed on 2/22/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ANTON A. RIVERA AND DENISE A. RIVERA,

Case No. 16-cv-00636 YGR

Plaintiffs,
8
v.
9
10

JP MORGAN CHASE BANK, N.A., et al.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendants.

United States District Court
Northern District of California

11
12

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

15

and defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR

16

Unit as soon as possible but no later than March 18, 2016.

17

Plaintiffs’ and defendants’ counsel shall be prepared to discuss the following subjects:

18

(1) Identification and description of claims and alleged defects in loan documents.

19

(2) Prospects for loan modification.

20

(3) Prospects for settlement.

21
22
23
24
25
26
27
28

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) 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 claims,
plaintiffs shall prepare a current, accurate financial statement and gather all of the
information and documents customarily needed to support a loan modification

1

request. Further, plaintiffs shall immediately notify defendants’ counsel of the

2

request for a loan modification.

3

(3) Provide counsel for defendants with information necessary to evaluate the

4

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

5

application customarily used by financial institutions.

6
7
8
9
10

(4) In preparation for the telephone conference, counsel for defendants shall do the
following.
(5) 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.
(6) Arrange for a representative of each defendant with full settlement authority to

11
United States District Court
Northern District of California

participate in the telephone conference.
12
The ADR Unit will notify the parties of the date and time that the telephone conference
13
will be held. After the telephone conference, the ADR Unit will advise the court of its
14
recommendation for further ADR proceedings.
15
IT IS SO ORDERED.
16
Dated: February 22, 2016
17
18
19

______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

20
21
22
23
24
25
26
27
28
2