Enrique Benitez v. American Home Mortgage et al

Filing 8

ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Telephone conference to be held as soon as possible, but no later than May 31, 2016. Signed by Magistrate Judge Howard R. Lloyd on 4/26/2016. (hrllc2, COURT STAFF) (Filed on 4/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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ENRIQUE BENITEZ,
Plaintiff,

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v.
AMERICAN HOME MORTGAGE, et al.,

ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE

Defendants.

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Case No. 5:16-cv-02194-HRL

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 telephone

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conference to assess this case’s suitability for mediation or a settlement conference. Plaintiff and

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defendants' counsel shall participate in a telephone conference, to be scheduled by the ADR Unit

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as soon as possible but no later than May 31, 2016.

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

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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,

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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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United States District Court
Northern District of California

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3. Provide counsel for defendants 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.
4. In preparation for the telephone conference, counsel for defendants shall do the
following.
5. If defendants are unable or unwilling to do a loan modification after receiving

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notice of plaintiff's request, counsel for defendants shall promptly notify plaintiff to

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that effect.

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6. 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 that 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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SO ORDERED.

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Dated: April 26, 2016

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______________________________________
HOWARD R. LLOYD
United States Magistrate Judge

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5:16-cv-02194-HRL Notice has been electronically mailed to:

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Dennis N Lueck , Jr [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

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5:16-cv-02194-HRL Notice sent by U.S. Mail to:

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Enrique Benitez
1866 Lancashire Drive
Salinas, CA 93906

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United States District Court
Northern District of California

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