Smith v. Wells Fargo Bank, N.A. et al

Northern District of California, cand-4:2015-cv-01779

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE; VACATING HEARING.Motion to Dismiss Hearing set for July 28, 2015 is VACATED until further notice. Motion to Appear Telephonically at hearing [Dkt. no 24] is DENIED as moot. Signed by Judge Yvonne Gonzalez Rogers on 7/21/15. Modified on 7/22/2015

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MELVIN SMITH, 7 Case No. 15-cv-01779-YGR Plaintiff, 8 v. ORDER REFERRING CASE TO ADR UNIT 9 FOR ASSESSMENT TELEPHONE WELLS FARGO BANK, N.A., ET AL., CONFERENCE; VACATING HEARING. 10 Defendants. 11 12 Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this Northern District of California United States District Court 13 foreclosure-related action to the Alternative Dispute Resolution (ADR) Unit for a telephone 14 conference to assess this case=s suitability for mediation or a settlement conference. Plaintiff and 15 defendants= counsel shall participate in a telephone conference, to be scheduled by the ADR Unit 16 as soon as possible but no later than August 7, 2015. 17 Plaintiff and defendants= counsel shall be prepared to discuss the following subjects: 18 (1) Identification and description of claims and alleged defects in loan documents. 19 (2) Prospects for loan modification. 20 (3) Prospects for settlement. 21 The parties need not submit written materials to the ADR Unit for the telephone 22 conference. 23 In preparation for the telephone conference, plaintiff shall do the following: 24 (1) Review relevant loan documents and investigate the claims to determine whether 25 they have merit. 26 (2) If plaintiff is seeking a loan modification to resolve all or some of the claims, 27 plaintiff shall prepare a current, accurate financial statement and gather all of the 28 information and documents customarily needed to support a loan modification 1 request. Further, plaintiff shall immediately notify defendants= counsel of the 2 request for a loan modification. 3 (3) Provide counsel for defendants with information necessary to evaluate the 4 prospects for loan modification, in the form of a financial statement, worksheet, or 5 application customarily used by financial institutions. 6 In preparation for the telephone conference, counsel for defendants shall do the following: 7 (1) If defendants are unable or unwilling to do a loan modification after receiving 8 notice of plaintiff=s request, counsel for defendants shall promptly notify plaintiff to 9 that effect. 10 (2) Arrange for a representative of each defendant with full settlement authority to 11 participate in the telephone conference. 12 The ADR Unit will notify the parties of the date and time the telephone conference will be Northern District of California United States District Court 13 held. After the telephone conference, the ADR Unit will advise the Court of its recommendation 14 for further ADR proceedings. 15 In light of this referral, the hearing on the pending motion to dismiss (Dkt. No. 17) 16 presently set for July 28, 2015 is VACATED until further notice. Thus, the motion to appear 17 telephonically at the hearing (Dkt. No. 24) is DENIED as moot. The Court notes, however, that 18 personal appearances are typically required. 19 This Order terminates Docket Number 24. 20 IT IS SO ORDERED. 21 Dated: July 21, 2015 22 ______________________________________ YVONNE GONZALEZ ROGERS 23 UNITED STATES DISTRICT COURT JUDGE 24 cc: ADR Unit 25 26 27 28 2