Pasillas et al v. Deutsche Bank National Trust Company et al

Filing 12

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Signed by Judge Lucy H. Koh on 10/15/2012. (lhklc3, COURT STAFF) (Filed on 10/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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LORENSO PASILLAS, et al,

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Plaintiffs,
v.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, et al,

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Defendants.

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Case No.: 12-CV-04123-LHK
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

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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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as soon as possible, but no later than October 22, 2012.
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Plaintiffs’ and Defendants’ 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.

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In preparation for the telephone conference, Plaintiffs shall do the following:

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Case No.: 12-CV-04123-LHK
ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE

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(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 request. Further, Plaintiffs shall immediately notify
Defendants’ counsel of the request for a loan modification.

(3)

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Provide counsel for Defendants with information necessary to evaluate the
prospects for loan modification, in the form of a financial statement,
worksheet or application customarily used by financial institutions.

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In preparation for the telephone conference, counsel for Defendants shall do the following:

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United States District Court
For the Northern District of California

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(1)

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.

(2)

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Arrange for a representative of each Defendant with full settlement authority
to participate in the telephone conference.

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The ADR Unit will notify the parties of the date and time that the telephone conference will

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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.

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Dated: October 15, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 12-CV-04123-LHK
ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE