Ibrahim et al v. Nationstar Mortgage LLC et al

Filing 5

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Howard R. Lloyd on 10/2/13. (hrllc1, COURT STAFF) (Filed on 10/2/2013)

*E-Filed: October 2, 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NOT FOR CITATION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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KHALIL IBRAHIM and MADLAIN
MICHAEL,
Plaintiffs,
v.

No. C13-04285 HRL
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

NATIONSTAR MORTGAGE LLC, and
DOES 1-10, inclusive,
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 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 October 21, 2013.
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Plaintiff 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.

(2)

Prospects for loan modification.

(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)

they have merit.

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Review relevant loan documents and investigate the claims to determine whether

(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)

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

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customarily used by financial institutions.

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For the Northern District of California

United States District Court

Provide counsel for Defendants with information necessary to evaluate the prospects

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

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of Plaintiff=s request, counsel for Defendants shall promptly notify Plaintiff to that

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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 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: October 2, 2013
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C13-04285 HRL Notice will be electronically mailed to:

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Brian Stratton Whittemore

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Chris T Nguyen

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

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

[e-mail]

Mary Kate Sullivan

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

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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