LoBue et al v. Countrywide Home Loan, Inc. et al

Filing 28

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Beth Labson Freeman on 3/20/2015. (blflc3S, COURT STAFF) (Filed on 3/20/2015)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

VICTOR J. LOBUE, et al.,

Case No. 14-cv-04878-BLF

Plaintiffs,
8
v.
9
10

COUNTRYWIDE HOME LOAN, INC., et
al.,
Defendants.

11
United States District Court
Northern District of California

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

12
13

At the Court’s March 19, 2015 Case Management Conference in the above-captioned

14

action, the parties expressed their willingness to engage in a telephone conference with the Court’s

15

Alternative Dispute Resolution (ADR) Unit in order to assess this case’s suitability for mediation

16

or a settlement conference. Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court

17

HEREBY REFERS this foreclosure-related action to ADR. Plaintiffs’ and Defendants’ counsel

18

shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible

19

but no later than April 10, 2015. The parties need not submit written materials to the ADR Unit for

20

the telephone conference.

21
22

A.

Plaintiffs’ and Defendants’ counsel shall be prepared to discuss the following

subjects:

23

(1) Identification and description of claims and alleged defects in loan documents.

24

(2) Prospects for loan modification.

25

(3) Prospects for settlement.

26

B.

27

following:

28

In preparation for the telephone conference, counsel for Plaintiffs shall do the

(1) Review relevant loan documents and investigate the claims to determine whether they

1

have merit.

2

(2) If Plaintiffs are seeking a loan modification to resolve all or some of the claims,

3

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

4

documents customarily needed to support a loan modification request. Further, Plaintiffs shall

5

immediately notify Defendants’ counsel of the request for a loan modification.

6

(3) Provide counsel for Defendants with information necessary to evaluate the prospects

7

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

8

used by financial institutions.

9

C.

10

following.

United States District Court
Northern District of California

11
12
13
14
15

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

(1) If Defendants are unable or unwilling to do a loan modification after receiving notice of
Plaintiffs’ request, counsel for Defendants shall promptly notify Plaintiffs 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

16

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

17

for further ADR proceedings.

18
19
20
21

IT IS SO ORDERED.
Dated: March 20, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

22
23
24
25
26
27
28
2