Walls v. Wells Fargo Bank, N.A.

Filing 17

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Haywood S. Gilliam, Jr. on 5/2/2017. (ndrS, COURT STAFF) (Filed on 5/2/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRENDA WALLS,
Plaintiff,

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v.

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WELLS FARGO BANK, N.A.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendant.

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United States District Court
Northern District of California

Case No.17-cv-02199-HSG

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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’s

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counsel and Defendant’s counsel shall both participate in a telephone conference, to be scheduled

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by the ADR Unit as soon as possible but no later than May 16, 2017.

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Plaintiff’s counsel and Defendant’s counsel shall both 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, Plaintiff’s counsel 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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prepare a current, accurate financial statement and gather all of the information and

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documents customarily needed to support a loan modification request. Further,

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Plaintiff’s counsel shall immediately notify Defendant’s counsel of the request for a

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loan modification.

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3. Provide Defendant’s counsel with information necessary to evaluate the prospects

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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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In preparation for the telephone conference, Defendant’s counsel shall do the following.
1. If Defendant is unable or unwilling to do a loan modification after receiving notice

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United States District Court
Northern District of California

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of Plaintiff’s request, Defendant’s counsel shall promptly notify Plaintiff’s counsel

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to that effect.

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2. 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: 5/2/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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