Vincent v. Countrywide et al

Filing 17

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Howard R. Lloyd on June 25, 2013. (hrllc1, COURT STAFF) (Filed on 6/25/2013)

*E-FILED: June 25, 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NOT FOR CITATION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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SHERRY MELINDA VINCENT,
Plaintiff,

For the Northern District of California

United States District Court

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v.
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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

COUNTRYWIDE dba BANK OF
AMERICA, ET AL,

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No. C13-01569 HRL

Defendants.
____________________________________/

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At the June 25, 2013 hearing on defendants’ motion to dismiss, the Court indicated an

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intention to grant defendants’ motion with leave to amend. An order on defendants’ motion will

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issue shortly, and plaintiff’s amended complaint will be due 30 days from the date of that order.

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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
conference to assess this case=s suitability for mediation or a settlement conference. Plaintiff and

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Defendants= counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as
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soon as possible but no later than July 23, 2013.
Plaintiff and Defendants= counsel shall be prepared to discuss the following subjects:
(1)

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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, Plaintiff shall do the following:

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(1)

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whether they have merit.
(2)

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the information and documents customarily needed to support a loan

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modification request. Further, Plaintiff shall immediately notify Defendants=

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For the Northern District of California

United States District Court

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,

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If Plaintiff is seeking a loan modification to resolve all or some of the claims,
Plaintiff shall prepare a current, accurate financial statement and gather all of

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Review relevant loan documents and investigate the claims to determine

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

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(1)

If Defendants are unable or unwilling to do a loan modification after
receiving notice of Plaintiff=s request, counsel for Defendants shall promptly
notify Plaintiff to that effect.

(2)

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 the telephone conference will be

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held. After the telephone conference, the ADR Unit will advise the Court of its recommendation for

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further ADR proceedings.

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IT IS SO ORDERED.
Dated: June 25, 2013

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HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C 13-01569 HRL Order will be mailed to:

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Sherry Melinda Vincent
1385 Whitehurst Court
San Jose, CA 95125

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C 13-01569 HRL Order will be electronically mailed to:

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Shaudee Navid [e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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