Jenks et al v. PHH Mortgage Corporation et al

Filing 6

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 12/1/2015. (lmh, COURT STAFF) (Filed on 12/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARGO FELIX JENKS, et al.,
Plaintiffs,

United States District Court
Northern District of California

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v.
PHH MORTGAGE CORPORATION, et
al.,

Case No.15-cv-05361-NC
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

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telephone conference to assess this case’s suitability for mediation or a settlement

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conference. Plaintiff and defendants’ counsel shall participate in a telephone conference,

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to be scheduled by the ADR Unit as soon as possible but no later than December 31, 2015.

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Plaintiff and defendants’ counsel shall be prepared to discuss the following
subjects:

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(1)

Identification and description of claims and alleged defects in loan

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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.
Case No. 15-cv-05361-NC

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

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(1)

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whether they have merit.

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(2)

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

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information and documents customarily needed to support a loan modification

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request. Further, plaintiff shall immediately notify defendants’ counsel of the

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request for a loan modification.

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(3)

Review relevant loan documents and investigate the claims to determine

If plaintiff is seeking a loan modification to resolve all or some of the claims,

Provide counsel for defendants with information necessary to evaluate the

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

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United States District Court
Northern District of California

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application customarily used by financial institutions.

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

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following:

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(1)

If defendants are unable or unwilling to do a loan modification after

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receiving notice of plaintiff’s request, counsel for defendants shall promptly notify plaintiff

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to that effect.

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(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

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will be held. After the telephone 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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IT IS SO ORDERED.

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Dated: December 1, 2015

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No.15-cv-05361-NC

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