Galinato et al v. Wells Fargo Bank, N.A. et al

Filing 5

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Conference to be scheduled as soon as possible, but no later than 1/9/2015. Signed by Magistrate Judge Howard R. Lloyd on 11/25/2014. (hrllc2, COURT STAFF) (Filed on 11/25/2014)

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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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ANGELITO GALINATO, an individual; and
HILARINA L. GALINATO, an individual,
Plaintiffs,

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v.

Case No. 5:14-cv-05198 HRL
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

WELLS FARGO BANK, N.A., a business
entity form unknown; NBS DEFAULT
SERVICES, LLC, a business entity form
unknown; and DOES 1-100, 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. Plaintiffs’
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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 January 9, 2015.
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Plaintiffs’ 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.

(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
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conference.

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

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(1)

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Review relevant loan documents and investigate the claims to determine whether

they have merit.
(2)

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

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Plaintiffs 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, Plaintiffs 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

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

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United States District Court
Northern District of California

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used by financial institutions.

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

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(1)

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If Defendant is unable or unwilling to do a loan modification after receiving notice

of Plaintiffs’ request, counsel for Defendant 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

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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: November 25, 2014
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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5:14-cv-05198-HRL Notice has been electronically mailed to:

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Daniel A Armstrong [e-mail], [e-mail], [e-mail],
[e-mail]

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5:14-cv-05198-HRL Courtesy copy sent by U.S. Mail to:

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Joseph R. Manning, Jr.
The Law Offices of Joseph R. Manning, Jr.
4667 MacArthur Blvd., Suite 150
Newport Beach, CA 92660

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United States District Court
Northern District of California

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