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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 RANDALL WALLIS, 11 United States District Court Northern District of California 10 Plaintiff, 12 13 14 Case No.15-cv-05824-NC ORDER REFERRING CASE TO ADR UNIT v. CITIMORTGAGE, INC., A NEW YORK CORPORATION, et al., Defendants. 15 16 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 17 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a 18 telephone conference to assess this case=s suitability for mediation or a settlement 19 conference. Plaintiff and Defendants= counsel shall participate in a telephone conference, 20 to be scheduled by the ADR Unit as soon as possible but no later than January 29, 2016. 21 Plaintiff and Defendants= counsel shall be prepared to discuss the following 22 23 subjects: (1) Identification and description of claims and alleged defects in loan documents. 24 25 (2) Prospects for loan modification. 26 (3) Prospects for settlement. 27 28 The parties need not submit written materials to the ADR Unit for the telephone conference. Case No.15-cv-05824-NC 1 In preparation for the telephone conference, Plaintiff shall do the following: (1) Review relevant loan documents and investigate the claims to determine 2 whether they have merit. 3 4 (2) If Plaintiff is seeking a loan modification to resolve all or some of the claims, 5 Plaintiff shall prepare a current, accurate financial statement and gather all of 6 the information and documents customarily needed to support a loan 7 modification request. Further, Plaintiff shall immediately notify Defendants= 8 counsel of the request for a loan modification. (3) Provide counsel for Defendants with information necessary to evaluate the 9 prospects for loan modification, in the form of a financial statement, 11 United States District Court Northern District of California 10 worksheet or application customarily used by financial institutions. 12 In preparation for the telephone conference, counsel for Defendants shall do the 13 14 following. (1) If Defendants are unable or unwilling to do a loan modification after 15 receiving notice of Plaintiff=s request, counsel for Defendants shall promptly 16 notify Plaintiff to that effect. 17 18 19 (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 20 will be held. After the telephone conference, the ADR Unit will advise the Court of its 21 recommendation for further ADR proceedings. 22 23 IT IS SO ORDERED. 24 25 Dated: December 21, 2015 26 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 27 28 Case No.:15-cv-05824-NC 2

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