Aniel et al v. GMAC Mortgage, LLC et al
Filing
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ORDER Referring Case to the ADR Unit for Assessment Telephone Conference . Signed by Magistrate Judge Donna M. Ryu on 8/14/2012. (dmrlc2, COURT STAFF) (Filed on 8/14/2012) Modified on 8/15/2012 (vlk, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ERLINDA ABIBAS ANIEL,
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Plaintiff(s),
v.
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ORDER REFERRING CASE TO ADR
UNIT FOR ASSESSMENT TELEPHONE
CONFERENCE
GMAC MORTGAGE LLC,
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No. C-12-04201 (DMR)
Defendant(s).
___________________________________/
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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
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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 by
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September 4, 2012 or as soon thereafter as is convenient to the ADR Unit.
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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
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(2)
Prospects for loan modification.
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(3)
Prospects for settlement.
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documents.
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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.
(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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For the Northern District of California
United States District Court
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The ADR Unit will notify the parties of the date and time the telephone conference will be
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held. After the telephone conference, the ADR Unit will advise the court of its recommendation for
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further ADR proceedings.
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Upon receipt of this order, Plaintiffs shall serve Defendants with a copy and file a proof of
service with the Court.
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IT IS SO ORDERED.
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Dated: August 14, 2012
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DONNA M. RYU
United States Magistrate Judge
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cc:
ADR [candml_sf ADR@cand.uscourts.gov]
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