Dakis v. U.S. Bank, N.A.,et al
Filing
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Order Referring Case to ADR Unit for Assessment Telephone Conference. Signed by Magistrate Judge Howard R. Lloyd on 7/13/16. (hrllc1, COURT STAFF) (Filed on 7/13/2016)
E-Filed 7/13/16
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAM DAKIS,
Plaintiff,
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United States District Court
Northern District of California
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v.
U.S. BANK, N.A., AS TRUSTEE FOR
LSF9 MASTER PARTICIPATION TRUST,
et al.,
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
Re: Dkt. No. 1
Defendants.
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Case No. 16-cv-03839-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 August 2, 2016.
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Plaintiff and defendant's 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:
(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,
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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(3) Provide counsel for defendants with information necessary to evaluate the
prospects for loan modification, in the form of a financial statement, worksheet or
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application customarily used by financial institutions.
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In preparation for the telephone conference, counsel for defendants shall do the following.
(1) 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
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that effect.
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(2) Arrange for a representative of each defendant with full settlement authority to
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United States District Court
Northern District of California
participate in the telephone conference.
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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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IT IS SO ORDERED.
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Dated: 7/13/16
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HOWARD R. LLOYD
United States Magistrate Judge
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