Randall Wallis v. CitiMortgage, Inc., a New York Corporation et al

Filing 6

ORDER REFERRING CASE TO ADR UNIT. Counsel shall participate in a telephone conference to be schedule by the ADR Unit by no later than 1/29/2016. Signed by Judge Nathanael Cousins on 12/21/2015. (lmh, COURT STAFF) (Filed on 12/21/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RANDALL WALLIS,

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United States District Court
Northern District of California

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Plaintiff,

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Case No.15-cv-05824-NC
ORDER REFERRING CASE TO
ADR UNIT

v.
CITIMORTGAGE, INC., A NEW
YORK CORPORATION, et al.,
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 January 29, 2016.

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Plaintiff and Defendants= counsel shall be prepared to discuss the following

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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.
Case No.15-cv-05824-NC

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In preparation for the telephone conference, Plaintiff shall do the following:
(1) Review relevant loan documents and investigate the claims to determine

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whether they have merit.

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

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

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the information and documents customarily needed to support a loan

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modification request. Further, Plaintiff shall immediately notify Defendants=

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counsel of the request for a loan modification.
(3) Provide counsel for Defendants with information necessary to evaluate the

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

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United States District Court
Northern District of California

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worksheet or 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.
(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

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notify Plaintiff 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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Dated: December 21, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No.:15-cv-05824-NC

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