Traino v. Wells Fargo Home Mortgage, Inc. et al
Filing
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ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Conference to be held as soon as possible, but no later than 5/21/2014. Signed by Magistrate Judge Howard R. Lloyd on 4/21/2014. (hrllc2, COURT STAFF) (Filed on 4/21/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
Northern District of California
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GIOVANNI TRAINO,
Case No. 5:14-cv-01712 HRL
Plaintiff,
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v.
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WELLS FARGO HOME MORTGAGE,
INC. and DOES 1-10, inclusive,
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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
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 Defendant’s 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 May 21, 2014.
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Plaintiff’s and Defendant’s 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
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conference.
In preparation for the telephone conference, Plaintiff shall do the following:
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(1)
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 information and
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documents customarily needed to support a loan modification request. Further, Plaintiff shall
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immediately notify Defendant’s counsel of the request for a loan modification.
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(3)
Provide counsel for Defendant with information necessary to evaluate the prospects
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for loan modification, in the form of a financial statement, worksheet or application customarily
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used by financial institutions.
In preparation for the telephone conference, counsel for Defendant shall do the following.
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United States District Court
Northern District of California
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(1)
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If Defendant is unable or unwilling to do a loan modification after receiving notice
of Plaintiff’s request, counsel for Defendant 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.
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
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for further ADR proceedings.
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SO ORDERED.
Dated: April 21, 2014
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE
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5:14-cv-01712-HRL Notice has been electronically mailed to:
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Arasto Farsad
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Elizabeth Christine Hehir
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emartinez@afrct.com
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Robert Arthur Bailey
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mcourtney@afrct.com
FarsadLaw1@gmail.com
chehir@afrct.com, afrctecf@afrct.com, cdaniel@afrct.com,
rbailey@afrct.com, AFRCTECF@afrct.com, hsaller@afrct.com,
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United States District Court
Northern District of California
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