Mann v. Citimortgage, Inc. a New York Corporation et al

Filing 13

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Parties shall participate in a telephone conference to be scheduled by the ADR Unit as soon as possible but no later than 8/5/2014. Signed by Magistrate Judge Howard R. Lloyd on 7/22/2014. (hrllc1, COURT STAFF) (Filed on 7/22/2014)

*E-Filed: July 22, 2014*

1
2
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NOT FOR CITATION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

JATINDER MANN, an individual,

12
13
14
15
16
17

Plaintiff,
v.

No. C14-01917 HRL
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

CITIMORTGAGE, a New York
Corporation, QUALITY LOAN SERVICE
CORPORATION, a Washington
Corporation, AND DOES 1 through 10,
inclusive,
Defendants.
____________________________________/

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. Plaintiff and
21
Defendants, or their counsel, shall participate in a telephone conference, to be scheduled by the
22
ADR Unit as soon as possible but no later than August 5, 2014.
23
The parties shall be prepared to discuss the following subjects:
24
(1)

Identification and description of claims and alleged defects in loan documents.

(2)

Prospects for loan modification.

(3)

Prospects for settlement.

25
26
27
The parties need not submit written materials to the ADR Unit for the telephone conference.
28

1

In preparation for the telephone conference, Plaintiff shall do the following:

2

(1)

they have merit.

3
4

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,

5

Plaintiff shall prepare a current, accurate financial statement and gather all of the

6

information and documents customarily needed to support a loan modification

7

request. Further, Plaintiff shall immediately notify Defendants= counsel of the

8

request for a loan modification.

9

(3)

Provide counsel for Defendants with information necessary to evaluate the prospects
for loan modification, in the form of a financial statement, worksheet or application

11
For the Northern District of California

United States District Court

10

customarily used by financial institutions.

12

In preparation for the telephone conference, counsel for Defendants shall do the following.

13

(1)

If Defendants are unable or unwilling to do a loan modification after receiving notice

14

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

15

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 be

19

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

20

further ADR proceedings.

21
22
23

IT IS SO ORDERED.
Dated: July 22, 2014
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28

2

1

C14-01917 HRL Notice will be electronically mailed to:

2

Edward Robert Ramirez

3

Seth Michael Harris [e-mail], [e-mail],
[e-mail]

4
5

[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.

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