Amedee v. Citimortgage, Inc. et al

Northern District of California, cand-4:2015-cv-03356

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Haywood S. Gilliam, Jr. on 8/13/2015.

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 Jon C. Amedee, No. C 15-3356 5 Plaintiff, ORDER REFERRING CASE TO ADR UNIT 6 v. FOR ASSESSMENT TELEPHONE 7 CitiMortgage Inc., et al., CONFERENCE 8 Defendants. 9 ________________________________/ 10 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the For the Northern District of California 11 Court refers this foreclosure-related action to the Alternative United States District Court 12 13 Dispute Resolution (ADR) Unit for a telephone conference to assess 14 this case=s suitability for mediation or a settlement conference. 15 Plaintiff and Defendants= counsel shall participate in a telephone 16 conference, to be scheduled by the ADR Unit as soon as possible 17 but no later than (ENTER DATE). 18 Plaintiff and Defendants= counsel shall be prepared to discuss 19 20 the following subjects: 21 (1) Identification and description of claims and alleged defects in loan documents. 22 (2) Prospects for loan modification. 23 (3) Prospects for settlement. 24 The parties need not submit written materials to the ADR Unit for 25 the telephone conference. 26 In preparation for the telephone conference, Plaintiff shall 27 28 do the following: (1) Review relevant loan documents and investigate the 1 claims to determine whether they have merit. 2 (2) If Plaintiff is seeking a loan modification to resolve all or some of the claims, Plaintiff shall 3 prepare a current, accurate financial statement and gather all of the information and documents 4 customarily needed to support a loan modification request. Further, Plaintiff shall immediately 5 notify Defendants= counsel of the request for a loan modification. 6 (3) Provide counsel for Defendants with information 7 necessary to evaluate the prospects for loan modification, in the form of a financial statement, 8 worksheet or application customarily used by financial institutions. 9 In preparation for the telephone conference, counsel for 10 Defendants shall do the following. For the Northern District of California 11 United States District Court 12 (1) If Defendants are unable or unwilling to do a loan modification after receiving notice of Plaintiff=s 13 request, counsel for Defendants shall promptly notify Plaintiff to that effect. 14 15 (2) Arrange for a representative of each Defendant with full settlement authority to participate in the 16 telephone conference. 17 The ADR Unit will notify the parties of the date and time 18 the telephone conference will be held. After the telephone 19 conference, the ADR Unit will advise the Court of its 20 recommendation for further ADR proceedings. 21 IT IS SO ORDERED. 22 23 Dated: 8/13/15 United States District Judge 24 25 26 27 28 2