Mulhall v. Wells Fargo Bank, N.A.

Filing 8

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Donna M. Ryu on 4/18/2016. (dmrlc3, COURT STAFF) (Filed on 4/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT MULHALL,
Plaintiff,

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

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United States District Court
Northern District of California

Case No. 16-cv-01841-DMR
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
Re: Dkt. No. 1

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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. Plaintiff and

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defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit

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within 90 days or at the ADR Unit’s earliest convenience.

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Plaintiff 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.

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2. Identification and description of claims and alleged defects in the December 15,

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2009 Trustee’s Deed Upon Sale.

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3. Prospects for loan modification.

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4. 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, plaintiff shall do the following:
1. Review relevant loan documents and investigate the claims to determine whether
they have merit.

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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 the

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information and documents customarily needed to support a loan modification

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request. Further, plaintiff shall immediately notify defendants' counsel of the

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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 or

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application customarily used by financial institutions.

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

United States District Court
Northern District of California

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5. Defendant Wells Fargo shall review its records related to the December 10, 2009

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Trustee’s Sale and subsequent March 2010 loan modification for Plaintiff and

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records of Plaintiff’s loan payments.

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6. If Defendant is unable or unwilling to do a loan modification after receiving notice

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of plaintiff's request, counsel for defendants shall promptly notify plaintiff to that

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effect.

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7. 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 that the telephone conference

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will be held. After the telephone conference, the ADR Unit will advise the court of its

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recommendation for further ADR proceedings.

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IT IS SO ORDERED.
Dated: April 18, 2016
______________________________________
DONNA M. RYU
United States Magistrate Judge

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