Heredia et al v. Wells Fargo Bank, National Bank
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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STEVEN HEREDIA, et al.,
Plaintiffs,
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v.
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WELLS FARGO BANK, NATIONAL
BANK,
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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.
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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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defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit
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at its earliest convenience.
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Plaintiffs 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. Prospects for loan modification.
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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. 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
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information and documents customarily needed to support a loan modification
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request. Further, plaintiffs 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 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
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to that effect.
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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
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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.
R NIA
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DONNA M. RYU
a M. Ry
United States ge Donn Judge
Magistrate
Jud
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FO
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D
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OO
IT IS S
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Dated: September 1, 2016
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IT IS SO ORDERED.
UNIT
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S DISTRICT
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United States District Court
Northern District of California
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