Reyes et al v. Nationstar Mortgage Holdings, 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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1 2 *E-FILED: February 27, 2013* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 MARTIN REYES, an individual; and DOREEN REYES, an individual, 12 No. C13-00854 HRL ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE Plaintiffs, 13 v. 14 15 NATIONSTAR MORTGAGE HOLDINGS, INC., a Delaware Corporation, et al., 16 Defendants. / 17 18 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the court refers this 19 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone 20 conference to assess this case’s suitability for mediation or a settlement conference. Plaintiffs’ 21 and defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR 22 Unit as soon as possible, but no later than March 29, 2013. 23 Plaintiffs’ and defendants’ counsel shall be prepared to discuss the following subjects: 24 (1) Identification and description of claims and alleged defects in loan documents; 25 (2) Prospects for loan modification; 26 (3) Prospects for settlement. 27 28 The parties need not submit written materials to the ADR Unit for the telephone conference. In preparation for the conference, plaintiffs shall do the following: 1 (1) 2 3 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, 4 they shall prepare a current, accurate financial statement and gather all of the 5 information and documents customarily needed to support a loan modification 6 request. Further, plaintiffs shall immediately notify defendants’ counsel of the 7 request for a loan modification. 8 (3) 9 prospects for loan modification, in the form of a financial statement, worksheet For the Northern District of California United States District Court 10 11 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 12 following: 13 (1) If defendants are unable or unwilling to do a loan modification after receiving 14 notice of plaintiffs’ request, counsel for defendants shall promptly notify 15 plaintiffs to that effect. 16 17 18 (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 19 be held. After the telephone conference, the ADR Unit will advise the court of its 20 recommendation for further ADR proceedings. 21 22 SO ORDERED. Dated: February 27, 2013 23 HOWARD R. LLOYD 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2 1 5:13-cv-00854-HRL Notice has been electronically mailed to: 2 Alex Sears 3 Mary Kate Sullivan 4 Timothy Andrew Pupach,,,, 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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