United States District Court, N.D. California
ADR REFERRAL RE: DKT. NO. 1
NATHANAEL M. COUSINS United States Magistrate Judge
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 conference to
assess this case's suitability for mediation or a
settlement conference. Plaintiff and Defendants' counsel
shall participate in a telephone conference, to be scheduled
by the ADR Unit as soon as possible but no later than July 8,
and Defendants' counsel shall be prepared to discuss the
(1) Identification and description of claims and alleged
defects in loan documents.
(2) Prospects for loan modification.
(3) Prospects for settlement.
parties need not submit written materials to the ADR Unit for
the telephone conference.
preparation for the telephone conference, Plaintiff shall do
(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.
preparation for the telephone conference, counsel for
Defendants shall do the following.
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.
Arrange for a representative of each Defendant with full
settlement authority to ...