Mackell v. Wells Fargo Home Mortgage et al

Filing 10

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Re: Dkt. No. 1 . Signed by Judge Nathanael Cousins on 8/3/2016. (lmh, COURT STAFF) (Filed on 8/3/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11 JOY MACKELL,

Case No. 16-cv-04202 NC

12

ORDER REFERRING CASE TO
ADR UNIT FOR ASSESSMENT
TELEPHONE CONFERENCE

13

Plaintiff,
v.

14 WELLS FARGO BANK, N.A., et al.,
15

Re: Dkt. No. 1

Defendants.

16
17

Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this

18 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone
19 conference to assess this case’s suitability for mediation or a settlement conference.
20 Plaintiff and Defendants’ counsel shall participate in a telephone conference, to be
21 scheduled by the ADR Unit as soon as possible but no later than September 6, 2016.
22

Plaintiff and Defendants’ counsel shall be prepared to discuss the following subjects:

23

(1)

Identification and description of claims and alleged defects in loan documents.

24

(2)

Prospects for loan modification.

25

(3)

Prospects for settlement.

26

The parties need not submit written materials to the ADR Unit for the telephone

27 conference.
28

In preparation for the telephone conference, Plaintiff shall do the following:
Case No. 16-cv-04202 NC
ORDER REFERRING CASE TO ADR
UNIT

(1)

1

Review relevant loan documents and investigate the claims to determine

2 whether they have merit.
(2)

3

If Plaintiff is seeking a loan modification to resolve all or some of the claims,

4 Plaintiff shall prepare a current, accurate financial statement and gather all of the
5 information and documents customarily needed to support a loan modification request.
6 Further, Plaintiff shall immediately notify Defendants’ counsel of the request for a loan
7 modification.
(3)

8

Provide counsel for Defendants with information necessary to evaluate the

9 prospects for loan modification, in the form of a financial statement, worksheet or
10 application customarily used by financial institutions.
In preparation for the telephone conference, counsel for Defendants shall do the

11

12 following.
(1)

13

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

14 notice of Plaintiff’s request, counsel for Defendants shall promptly notify Plaintiff to that
15 effect.
16

(2)

Arrange for a representative of each Defendant with full settlement authority to

17 participate in the telephone conference.
18

The ADR Unit will notify the parties of the date and time the telephone conference

19 will be held. After the telephone conference, the ADR Unit will advise the Court of its
20 recommendation for further ADR proceedings.
21
22

IT IS SO ORDERED.

23

Date: August 3, 2016

24

_________________________
Nathanael M. Cousins
United States Magistrate Judge

25
26
27
28
Case No. 16-cv-04202 NC
ORDER REFERRING CASE TO ADR
UNIT

2