Tarokh v. CitiMortgage, Inc. et al

Filing 4

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Conference to be held no later than 3/29/2013. Signed by Magistrate Judge Howard R. Lloyd on 2/27/2013. (hrllc2, COURT STAFF) (Filed on 2/27/2013)

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*E-FILED: February 27, 2013*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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No. C13-00804 HRL

CASEY KASEM TAROKH,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Plaintiff,
v.
CITIMORTGAGE, INC.; NORTHWEST
TRUSTEE SERVICES, INC. and DOES 1-10,
inclusive,

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Defendants.
/

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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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and defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR

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Unit as soon as possible, but no later than March 29, 2013.

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Plaintiff’s 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.
In preparation for the conference, plaintiff shall do the following:

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(1)

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Review relevant loan documents and investigate the claims to determine whether
they have merit.

(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)

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prospects for loan modification, in the form of a financial statement, worksheet

For the Northern District of California

United States District Court

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Provide counsel for defendants with information necessary to evaluate the

or application customarily used by financial institutions.
In preparation for the telephone conference, counsel for defendants shall do the

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following:

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(1)

If defendants are unable or unwilling to do a loan modification after receiving

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notice of plaintiff’s request, counsel for defendants shall promptly notify plaintiff

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to that effect.

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(2)

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 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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SO ORDERED.
Dated: February 27, 2013

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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5:13-cv-00804-HRL Notice has been electronically mailed to:

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Brian H. Gunn

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Chris T Nguyen

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Colleen Bailey Kelley

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Joel Mark Feinstein [e-mail], [e-mail],
[e-mail], [e-mail]

[e-mail], [e-mail]
[e-mail]
[e-mail]

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For the Northern District of California

United States District Court

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