Heredia et al v. Wells Fargo Bank, National Bank

Filing 18

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Signed by Magistrate Judge Donna M. Ryu on 9/1/2016. (dmrlc1, COURT STAFF) (Filed on 9/1/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEVEN HEREDIA, et al., Plaintiffs, 8 9 v. 10 WELLS FARGO BANK, NATIONAL BANK, 11 United States District Court Northern District of California Case No. 16-cv-02820-DMR ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Defendant. 12 13 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the court refers this 14 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone 15 conference to assess this case’s suitability for mediation or a settlement conference. Plaintiffs and 16 defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit 17 at its earliest convenience. 18 Plaintiffs and defendant’s counsel shall be prepared to discuss the following subjects: 19 1. Identification and description of claims and alleged defects in loan documents. 20 2. Prospects for loan modification. 21 3. Prospects for settlement. 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 1 information and documents customarily needed to support a loan modification 2 request. Further, plaintiffs shall immediately notify defendants' counsel of the 3 request for a loan modification. 4 3. Provide counsel for defendants with information necessary to evaluate the 5 prospects for loan modification, in the form of a financial statement, worksheet or 6 application customarily used by financial institutions. 7 8 9 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 11 to that effect. 12 13 14 6. Arrange for a representative of each 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 15 will be held. After the telephone conference, the ADR Unit will advise the court of its 16 recommendation for further ADR proceedings. R NIA ______________________________________ u DONNA M. RYU a M. Ry United States ge Donn Judge Magistrate Jud RT ER H 22 FO NO 21 D RDERE OO IT IS S LI 20 Dated: September 1, 2016 23 24 25 26 27 28 2 A 19 IT IS SO ORDERED. UNIT ED 18 S 17 S DISTRICT TE C TA RT U O United States District Court Northern District of California 10 N F D IS T IC T O R C

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