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Case4:13-cv-01693-KAW Document10 Filed04/25/13 Page1 of 2



IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA




v.


Plaintiff,




ROBERT N. BENNETT,





WELLS FARGO BANK, N.A., et al.,



________________________________/



Defendants.




No. C 13-01693-KAW

ORDER REFERRING
CASE TO ADR UNIT
FOR ASSESSMENT
TELEPHONE
CONFERENCE

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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

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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

as soon as possible but no later than May 10, 2013.

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

(1)

Identification and description of claims and alleged defects in loan
documents.





(2)

Prospects for loan modification.

(3)

Prospects for settlement.


The parties need not submit written materials to the ADR Unit for the telephone conference.

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

(1)

(2)

Review relevant loan documents and investigate the claims to determine
whether they have merit.

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.















Case4:13-cv-01693-KAW Document10 Filed04/25/13 Page2 of 2

(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.

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

(1)


(2)

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.

Arrange for a representative of each Defendant with full settlement authority
to participate in the telephone conference.





The ADR Unit will notify the parties of the date and time the telephone conference will be

held. After the telephone conference, the ADR Unit will advise the Court of its recommendation

for further ADR proceedings.

IT IS SO ORDERED.



Dated: 4/25/13






KANDIS A. WESTMORE
United States Magistrate Judge





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