Miller v. Wholesale America Mortgage, Inc. et al
Filing
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ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE (Illston, Susan) (Filed on 8/14/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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No. C 12-03481 SI
MARY MILLER,
ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
Plaintiff,
v.
WHOLESALE AMERICA MORTGAGE, INC.,
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 conference
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to assess this case’s suitability for mediation or a settlement conference. Plaintiff and Defendants’
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counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible
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but no later than September 14, 2012.
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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.
(2)
Prospects for loan modification.
(3)
Prospects for settlement.
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The parties need not submit written materials to the ADR Unit for the telephone conference.
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In preparation for the telephone conference, Plaintiff shall do the following:
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(1)
Review relevant loan documents and investigate the claims to determine whether they
have merit.
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(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 information and
documents customarily needed to support a loan modification request. Further, Plaintiff
shall immediately notify Defendants’ counsel of the request for a loan modification.
(3)
Provide counsel for Defendants with information necessary to evaluate the prospects for
loan modification, in the form of a financial statement, worksheet or application
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)
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.
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The ADR Unit will notify the parties of the date and time the telephone conference will be held.
United States District Court
For the Northern District of California
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After the telephone conference, the ADR Unit will advise the Court of its recommendation for further
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ADR proceedings.
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The hearing dates on plaintiff’s motion for remand and defendants’ motion to dismiss are
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VACATED. If no further ADR proceedings are recommended and if the case has not settled, the Court
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will reset hearing dates on those motions.
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IT IS SO ORDERED.
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Dated: August 15, 2012
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SUSAN ILLSTON
United States District Judge
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