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George Homsy v. Bank of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 29, 2013

GEORGE HOMSY, PLAINTIFF,
v.
BANK OF AMERICA, N.A.,, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Joseph C. Spero United States Magistrate Judge

ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE

Pursuant to Civil Local Rule 16-8 and ADR Local Rule 2-3, the Court refers this 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 May 29, 2013. 17

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

(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 conference. 22

In preparation for the telephone conference, Plaintiff shall do the following: 23

(1) Review relevant loan documents and investigate the claims to determine whether they have 24 merit. 25

(2) If Plaintiff is seeking a loan modification to resolve all or some of the claims, Plaintiff 26 shall prepare a current, accurate financial statement and gather all of the information and 27 documents customarily needed to support a loan modification request. Further, Plaintiff shall 28 immediately notify Defendant's counsel of the request for a loan modification.

(3) Provide counsel for Defendants with information necessary to evaluate the prospects for 2 loan modification, in the form of a financial statement, worksheet or application customarily used 3 by financial institutions. 4

In preparation for the telephone conference, counsel for Defendants shall do the following. 5

(1) If Defendants are unable or unwilling to do a loan modification after receiving notice of 6

Plaintiff's request, counsel for Defendants shall promptly notify Plaintiff to that effect. 7

(2) Arrange for a representative of each Defendant with full settlement authority to participate 8 in the telephone conference. 9

The ADR Unit will notify the parties of the date and time on which the telephone 10 conference will be held. After the telephone conference, the ADR Unit will advise the Court of its 11 recommendation for further ADR proceedings.

IT IS SO ORDERED.

20130429

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