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

Filing 11

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 2/22/2016. (lmh, COURT STAFF) (Filed on 2/22/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 ANGELA PELAYO and THEODORE 12 Plaintiffs, 13 14 15 18 19 20 21 22 23 24 25 26 27 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE v. Re: Dkt. No. 1 WELLS FARGO BANK, N.A., , Defendant. 16 17 Case No. 16-cv-00648 NC CARLO, Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff and Defendants’ counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no later than March 23, 2016. Plaintiff and Defendants’ counsel shall be prepared to discuss the following subjects: (1) Identification and description of claims and alleged defects in loan documents. (2) Prospects for loan modification. (3) Prospects for settlement. The parties need not submit written materials to the ADR Unit for the telephone conference. 28 Case No. 16-cv-00648 NC ORDER REFERRING CASE TO ADR UNIT 1 In preparation for the telephone conference, Plaintiff shall do the following: 2 (1) Review relevant loan documents and investigate the claims to determine 3 whether they have merit. (2) 4 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 the 6 information and documents customarily needed to support a loan modification request. 7 Further, Plaintiff shall immediately notify Defendants’ counsel of the request for a loan 8 modification. (3) 9 Provide counsel for Defendants with information necessary to evaluate the 10 prospects for loan modification, in the form of a financial statement, worksheet or 11 application customarily used by financial institutions. 12 In preparation for the telephone conference, counsel for Defendants shall do the 13 14 following. (1) 15 If Defendants are unable or unwilling to do a loan modification after receiving 16 notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to that 17 effect. 18 (2) Arrange for a representative of each Defendant with full settlement authority to 19 participate in the telephone conference. 20 The ADR Unit will notify the parties of the date and time the telephone conference 21 will be held. After the telephone conference, the ADR Unit will advise the Court of its 22 recommendation for further ADR proceedings. 23 24 IT IS SO ORDERED. 25 Date: February 22, 2016 26 _________________________ Nathanael M. Cousins United States Magistrate Judge 27 28 Case No. 16-cv-00648 NC ORDER REFERRING CASE TO ADR UNIT 2

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