Nguyen v. Wells Fargo Bank, NA et al

Filing 5

ADR REFERRAL FOR TELEPHONIC CONFERENCE CALL. Re: Dkt. No. 1 . Signed by Judge Nathanael Cousins on 6/20/2016. (lmh, COURT STAFF) (Filed on 6/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KHOA DANG NGUYEN,

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Case No. 16-cv-03043 NC

Plaintiff,

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ADR REFERRAL

v.

Re: Dkt. No. 1
United States District Court
Northern District of California

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WELLS FARGO BANK, NA, 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 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 July 8, 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

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conference.

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

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(1)

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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 information and

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documents customarily needed to support a loan modification request. Further, Plaintiff shall

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immediately notify Defendants’ counsel of the request for a loan modification.

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(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, worksheet or application

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customarily used by financial institutions.

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In preparation for the telephone conference, counsel for Defendants shall do the following.

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(1)

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United States District Court
Northern District of California

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If Defendants are unable or unwilling to do a loan modification after receiving

notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to that effect.
(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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All parties are reminded that they must either consent to or decline the jurisdiction of a

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U.S. magistrate judge under 28 U.S.C. section 636. A form is attached to make this decision.

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Both parties are asked to file this form within 14 days.

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Also attached is a letter providing guidance to additional resources the Court provides
people representing themselves in federal court.

IT IS SO ORDERED.

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Dated: June 20, 2016

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KHOA DANG NGUYEN,

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Case No. 16-cv-03043 NC

Plaintiff,
v.

CONSENT OR DECLINATION TO
MAGISTRATE JUDGE JURISDICTION

WELLS FARGO BANK, NA, et al.,

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Defendants.

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United States District Court
Northern District of California

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INSTRUCTIONS: Please indicate below by checking one of the two boxes whether
you (if you are the party) or the party you represent (if you are an attorney in the case)
choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form
below your selection.
( ) Consent to Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to
have a United States magistrate judge conduct all further proceedings in this case,
including trial and entry of final judgment. I understand that appeal from the judgment
shall be taken directly to the United States Court of Appeals for the Ninth Circuit.
OR

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( ) Decline Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United
States magistrate judge conduct all further proceedings in this case and I hereby request
that this case be reassigned to a United States district judge.
DATE:

NAME:
COUNSEL FOR:
(OR “PRO SE:)

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__________________________________
Signature

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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280 South 1st Street
San Jose, CA 95113

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www.cand.uscourts.gov
SUSAN Y. SOONG
CLERK OF COURT

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To:
Re:

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GENERAL COURT NUMBER
408-535-5363

Dear Pro Se Litigant:

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Pro Se Litigant
Representing Yourself Before This Court

If you are representing yourself in federal court without representation by an attorney,
that is called proceeding “pro se.” The court has free resources to help you find your way

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United States District Court
Northern District of California

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through the court system and procedures. The Federal Pro Se Program at the San Jose

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Courthouse provides free information and limited-scope legal advice to pro se litigants in

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federal civil cases. The Federal Pro Se Program is available by appointment and on a drop-in

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basis. The Federal Pro Se Program is available at Room 2070 in the San Jose United States

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Courthouse (Monday to Thursday 1:00 – 4:00 pm, on Friday by appointment only), and The

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Law Foundation of Silicon Valley, 152 N. 3rd Street, 3rd Floor, San Jose, CA (Monday to

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Thursday 9:00 am –12:00 pm, on Friday by appointment only), or by calling [phone].

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There are also online resources available on the court’s webpage. The Pro Se
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Handbook, found at http://www.cand.uscourts.gov/prosehandbook, has a downloadable version
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of the court’s own publication: Representing Yourself in Federal Court: A Handbook for Pro
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Se Litigants. Pay special attention to the Civil Litigation Packets tab on the left, which
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provides useful fillable forms. The Pro Se Handbook website also has a link to the Court’s
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Electronic Case Filing (ECF) website.
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Susan Y. Soong

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Clerk, United States District Court

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KHOA DANG NGUYEN,

Case No. 16-cv-03043-NC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WELLS FARGO BANK, NA, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on June 21, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Khoa Dang Nguyen
471 E. Julian Street
San Jose, CA 95112

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Dated: June 21, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lili Harrell, Deputy Clerk to the
Honorable NATHANAEL M. COUSINS
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