Opinion
No. C 13-01090 SI
03-20-2013
GLORIA MUNOZ, Plaintiff, v. OCWEN LOAN SERVICING, et al., Defendants.
ORDER REFERRING CASE FOR
TELEPHONIC ADR ASSESSMENT
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 conference to assess this case's suitability for mediation or a settlement conference. Plaintiff and Defendant's counsel shall participate in a telephone conference, to be scheduled by the ADR Unit as soon as possible but no later than April 31, 2013.
Plaintiff and Defendant's counsel shall be prepared to discuss the following subjects:
(1) Identification and description of claims and alleged defects in loan documents.The parties need not submit written materials to the ADR Unit for the telephone conference.
(2) Prospects for loan modification.
(3) Prospects for settlement.
In preparation for the telephone conference, Plaintiff shall do the following:
(1) Review relevant loan documents and investigate the claims to determine whether they have merit.In preparation for the telephone conference, counsel for Defendants shall do the following.
(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 Defendant's 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.
(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.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.
(2) Arrange for a representative of Defendant with full settlement authority to participate in the telephone conference.
The May 3, 2013 hearing date on Defendant's Motion to Dismiss is VACATED. No opposition or other pleadings need to be filed at this time. If the ADR Unit advises the Court that no further ADR proceedings are expected, the Court will reset Defendant's motion for hearing and set a briefing schedule.
IT IS SO ORDERED.
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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE