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)

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NOT FOR CITATION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

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

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