Marino v. U.S. Bank, N.A.

Filing 8

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Signed by Magistrate Judge Howard R. Lloyd on 6/30/2015. (hrllc1, COURT STAFF) (Filed on 6/30/2015)

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*E-Filed: June 30, 2015*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SALVATORE MARINO,

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Plaintiff,
v.

No. C 15-02935 HRL
ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

U.S. BANK, N.A.,
Defendant.
________________________________/

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Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the

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Court refers this foreclosure-related action to the Alternative

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Dispute Resolution (ADR) Unit for a telephone conference to assess

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this case=s suitability for mediation or a settlement conference.

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Plaintiff and Defendant=s counsel shall participate in a telephone

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conference, to be scheduled by the ADR Unit as soon as possible

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but no later than July 21, 2015.
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Plaintiff and Defendant=s counsel shall be prepared to discuss
the following subjects:

(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 conference.

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In preparation for the telephone conference, Plaintiff shall
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United States District Court
For the Northern District of California

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do the following:
(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, Plaintiff shall
prepare a current, accurate financial statement and
gather all of the information and documents
customarily needed to support a loan modification
request. Further, Plaintiff shall immediately
notify Defendant=s counsel of the request for a loan
modification.

(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 used by
financial institutions.

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In preparation for the telephone conference, counsel for
Defendant shall do the following.
(1)

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.

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The ADR Unit will notify the parties of the date and time
the telephone conference will be held.

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After the telephone

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conference, the ADR Unit will advise the Court of its

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recommendation for further ADR proceedings.

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IT IS SO ORDERED.

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Dated: June 30, 2015

Hon. Howard R. Lloyd
United States Magistrate Judge

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United States District Court
For the Northern District of California

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