Al McZeal et al v. JP Morgan Chase Bank NA et al
| Fernando Arbelaez, Al McZeal, Michael Gilliland, Pablo Trejo Resendez, Jose Luis Perez, Elizabeth Van Camp, Lupi Paulo Edwards, Araceli Garcia, Christopher James, Imelda Manansala, Tommy Encinas, Chaneria McClain, Liana Munden, Jamileh Miller, Medina James, Diane Marquez Peniche, Alfred McZeal, Sr, Arlene Hudson, VienPhuong Thi Ho, Mark S Miller and Marvin D Beaulieu |
| EMC Mortgage Corporation, Deutsche Bank National Trust Company, Southern Development Foundation, US Bank National Trustee, MidSouth National Bank NA, Does 1 to 10, BAC Home Loans Inc, L Jay Angelle, John B Freeman, IndyMac One West Bank, Power Default Service, Albert J McKnight, Deballion and Miley LLP, Mackie Wolk Zienz Mann PC, Aronowitz and Mecklenburg, Leefe Gibbs Sullivan Dupre and Aldous LLC, Suntrust Mortgage Inc, Fifth Third Mortgage, Mortgage Electronic Registration Systems, Jonathan G Wilbourn, Countrywide Home Loans Inc, Regional Services Corporation, CitiMortgage Inc, Recontrust Company NA, Susan Hendrick, TD Services Company, Bank of America NA, Severson and Werson, Durio McGoffin Stagg and Ackermann, EMC Mortgage LLC, Southern Consumers Coop, Wells Fargo Bank NA, Rex Kessler, Option One Mortgage, Wanda Anderson Davis, Paul N Deballion, Bankers Trust Company of California, N.A., Jeffery Ackermann, 4 Clothes 4 TC LLC, JP Morgan Chase Bank NA and McGlinchey Stafford |
| 2:2011cv07739 |
| September 19, 2011 |
| US District Court for the Central District of California |
| Percy Anderson |
| Patrick J Walsh |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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| Filing 173 Notice of Appearance or Withdrawal of Counsel: for attorney John Nadolenco counsel for Defendant CitiMortgage Inc. Steven E. Rich is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant CitiMortgage, Inc.. (Nadolenco, John) |
| Filing 172 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #152 CCA # 12-55496. The judgment of the 9th Circuit Court, entered May 30, 2018, takes effect this date.This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure.[See USCA Memorandum #169 AFFIRMED.] (mat) |
| Filing 171 Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123),, #170 e-mailed to tmoyer@mcguirewoods.com bounced due to 5.1.0 - Unknown address error 550-'#5.1.0 Address rejected.' (delivery attempts: 0). The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY |
| Filing 170 Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan Douglas Fink counsel for Defendants IndyMac One West Bank, Power Default Service, Regional Services Corporation, Wells Fargo Bank NA. Nicholas G. Hood is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Wells Fargo Bank, NA, IndyMac One West Bank, Regional Services Corporation, Power Default Service. (Attorney Jonathan Douglas Fink added to party Wells Fargo Bank NA(pty:dft))(Fink, Jonathan) |
| Filing 169 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #152 filed by Al McZeal. CCA # 12-55496. The decision of the district court is AFFIRMED. (mrgo) |
Filing 168
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #152 filed by Al McZeal, CCA # 12-55496. Proceedings in this case shall be held in abeyance pending resolution of Ho v. ReconTrust Co., N.A., et al., No. 10-56884, Park, et al. v. Lehman Brothers Bank, FSB, et al., No. 11-55473, or Park, et al. v. Quality Loan Service Corp., No. 12-56450, or further order of the court. Order received in this district on 2/2/15. (car)
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Filing 167
Notice of Electronic Filing re Notice of Change of Address #166 e-mailed to jnprewittsta@vorys.com bounced due to 5.1.0 - Unknown address error 550-'recipient |
| Filing 166 NOTICE of Change of address filed by Plaintiff Al McZeal, changing address to: 2222 Irish Spring Dr., Houston, TX 77067. (gk) |
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Filing 165
ORDER by Judge Percy Anderson Granting Substitution of Attorney J. Kevin Snyder, Dykema Gossett LLP for Defendant Deutsche Bank National Trust Company in place of Attorney Elizabeth A. Frohlich, Morgan Lewis & Bockius LLP. (gk)
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| Filing 164 Substitution of Attorney filed by Defendant Deutsche Bank National Trust Company (Newman, Brian) |
| Filing 163 Mail Returned addressed to Araceli Garcia re USCA Mandate #154 (pso) |
| Filing 162 Mail Returned addressed to Araceli Garcia re 9th CCA Assigned Case Number Notice #155 (se) |
| Filing 161 Mail Returned Undeliverable addressed to Tommy Encinas re USCA Mandate #154 . (jp) |
| Filing 160 Mail Returned Undeliverable addressed to Tommy Encinas re 9th CCA Assigned Case Number Notice #155 . (jp) |
| Filing 159 Mail Returned Undeliverable addressed to Tommy Encinas re Filing Fee Letter (A-15) #153 . (jp) |
| Filing 158 Mail Returned Undeliverable addressed to Tommy Encinas re Notice of Appeal to 9th Circuit Court of Appeals #152 . (jp) |
| Filing 156 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, #152 as to Plaintiff Al McZeal; Receipt Number: LA039446 in the amount of $455. (car) |
| Filing 157 Mail Returned addressed to Pablo Trejo Resendez re Notice of Appeal to 9th Circuit Court of Appeals #152 . (se) |
| Filing 155 NOTIFICATION by Circuit Court of Appellate Docket Number 12-55496, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #152 as to Plaintiff Al McZeal. (car) |
| Filing 153 FILING FEE LETTER issued as to Plaintiff Al McZeal re Notice of Appeal to 9th Circuit Court of Appeals #152 . (dmap) |
| Filing 154 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #135 , CCA # 12-55177. This appeal is dismissed for lack of jurisdiction. Mandate received in this district on 3/14/12. (car) |
| Filing 152 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Al McZeal. Appeal of Order on Request for Entry of Default #131 ; Order on Motion to Dismiss #108 and Order on Motion for Relief #149 Filed On: 02/14/2012; Entered On: 02/15/2012; Filing fee $ 455 billed. (dmap) |
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Filing 150
ORDER from 9th CCA filed Notice of Appeal to 9th Circuit Court of Appeals #135 filed by Al McZeal 9th CCA # 12-55177.. This appeal is dismissed for lack of jurisdiction. Order received in this district on 2/21/2012. (dmap)
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| Filing 148 PROOF OF SERVICE filed by Defendants Deutsche Bank National Trust Company, re Joinder (Motion Related) #146 and by OneWest Bank, FSB served on 02/14/12. (Newman, Brian) |
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Filing 149
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court denies plaintiff Al McZeal's Motion for Relief From Judgment Under Rule 60(b) #141 . The Court finds McZeal's response to this Court's 1/20/2012 Order to Show Cause #133 is nonresponsive and insufficient. Accordingly, the Court applies the 1/20/2012 Order to the federal claims asserted against the remaining defendants and dismisses those claims with prejudice. The Court has dismissed the only federal claims over which it has original jurisdiction. Accordingly, the Court declines to exercise supplemental jurisdiction over McZeal's state law claims. The Court therefore dismisses McZeal's remaining claims without prejudice. Pursuant to 28 U.S.C. Section 1367(d), this Order acts to toll McZeal's statute of limitations on his state law claims for a period of thirty days if he chooses to re-file his state law claims in state court, unless state law provides for a longer tolling period. Court Reporter: None. (gk)
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| Filing 147 OPPOSITION to MOTION for Relief from Judgment Under Rule 60(b) F.R.Civ.P. re Order on Motion to Dismiss Party,,,,,, #133 #141 filed by Defendant Suntrust Mortgage Inc. (Leifer, Bryan) |
| Filing 146 JOINDER in MOTION for Relief from Judgment Under Rule 60(b) F.R.Civ.P. re Order on Motion to Dismiss Party,,,,,, #133 #141 Filed by Defendant OneWest Bank, FSB and filed by Defendant Deutsche Bank National Trust Company. (Newman, Brian) |
| Filing 145 OPPOSITION to MOTION for Relief from Judgment Under Rule 60(b) F.R.Civ.P. re Order on Motion to Dismiss Party,,,,,, #133 #141 filed by Defendants BAC Home Loans Inc, Bank of America NA, Countrywide Home Loans Inc, Recontrust Company NA. (Hammer, Lee) |
| Filing 144 OPPOSITION to MOTION for Relief from Judgment Under Rule 60(b) F.R.Civ.P. re Order on Motion to Dismiss Party,,,,,, #133 #141 filed by Defendants McGlinchey Stafford, Jonathan G Wilbourn. (Attachments: #1 Proof of Service)(Agle, Daniel) |
| Filing 143 OPPOSITION to MOTION for Relief from Judgment Under Rule 60(b) F.R.Civ.P. re Order on Motion to Dismiss Party,,,,,, #133 #141 filed by Defendants Wanda Anderson Davis, Leefe Gibbs Sullivan Dupre and Aldous LLC. (Attachments: #1 Proof of Service)(Carner, Gretchen) |
| Filing 141 MOTION for Relief from Judgment Under Rule 60(b) F.R.Civ.P. re Order which is dated 1/20/2012 #133 filed by Plaintiff Al McZeal. Motion set for hearing on 3/5/2012 at 01:30 PM before Judge Percy Anderson. Lodged Proposed Order. (gk) |
| Filing 140 RESPONSE filed by Plaintiff Al McZeal to Court's In Chamber Show Cause Order Dated 1/20/2012 #133 . (gk) |
| Filing 142 PROOF OF SERVICE Executed by Plaintiff Al McZeal, upon Defendant Mortgage Electronic Registration System served on 12/20/2011, answer due 1/10/2012. Service of the Summons and Complaint were executed upon Donna Moch, an employee and an authorized agent to accept proof of service for the registered agent, CT Corporation System in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (gk) |
| Filing 139 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #135 as to Plaintiffs Fernando Arbelaez, Lupi Paulo Edwards, Michael Gilliland, Vien Thi Ho, Arlene Hudson, Imelda Manansala, Al McZeal, Jamileh Miller, Mark S Miller; Receipt Number: LA035367 in the amount of $455. (car) |
| Filing 138 NOTIFICATION by Circuit Court of Appellate Docket Number 12-55177 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #135 as to Plaintiff Al McZeal. (dmap) |
| Filing 137 OF SERVICE filed by Defendants EMC Mortgage Corporation, JP Morgan Chase Bank NA, re Disclosure, #118 , MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) #117 , Memorandum in Support of Motion, #121 , Certificate/Notice of Interested Parties, #119 served on 1/23/2012. (Perovich, Stefan) |
| Filing 136 FILING FEE LETTER issued as to Plaintiff Al McZeal re Notice of Appeal to 9th Circuit Court of Appeals #135 . (dmap) |
| Filing 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order Granting Defendants' Motion to Dismiss the Complaint filed 1/13/2012 #120 . The following error(s) was found: Filer used the event, Motions - Order, creating a second motion for hearing on 3/12/2012. This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 17, or a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 135 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Al McZeal. MINUTES (IN CHAMBERS) ORDER #108 . Filed On: 12/21/2011; Entered On: 12/21/2011; Filing fee $ 455 billed. (dmap) (Main Document 135 replaced on 2/3/2015) (chs). |
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Filing 133
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court are eleven Motions to Dismiss filed by the following twenty defendants: Paul N. Deballion and Deballion and Miley LLP #5 ; MidSouth Bank, N.A. and Jay L. Angelle #6 ; SunTrust Mortgage, Inc. #10 ; T.D. Service Company #12 ; Bank of America, N.A., Countrywide Home Loans, Inc., BAC home Loans Servicing, L.P., and Recontrust Company, N.A. #20 ; Fifth Third Mortgage and Fifth Third Bank #25 ; Severson & Werson #42 ; Susan Hendrick #43 ; Wells Fargo Bank, N.A., as Trustee, and HSBC Bank USA, N.A., as Trustee #65 ; McGlinchey Stafford, PLLC and Jonathan G. Wilbourn #92 ; and Wanda Anderson Davis and Leefe, Gibbs, Sullivan, Dupre & Aldous, LLC #107 . The Court is also in receipt of the Joinder in Motions to Dismiss filed by defendants Deutsche Bank National Trust Company and OneWest Bank, FSB #99 . The hearings calendared for 12/12/2011, 12/19/2011, 1/9/2012, and 1/23/2012 are vacated, and the matters taken off calendar. Because all Plaintiffs other than McZeal have been dropped from this action, the Court only rules on the Motions to Dismiss as they relate to McZeal. The Court grants Defendants Motions to Dismiss as to the federal claims, and dismisses those claims with prejudice as to the moving Defendants. Because the Court's jurisdiction is based on McZeal's federal claims, the Court elects not reach his state law claims until it has resolved the federal claims asserted against Defendants who have not yet appeared in this case. The Court orders McZeal to show cause in writing no later than 2/6/2012, why this Order should not also apply to the federal claims asserted against the remaining Defendants. Court Reporter: None. (gk)
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| Filing 132 ANSWER to Defendants MOTION to Dismiss Plaintiffs Complaint Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) #117 filed by Plaintiffs. (jp) (Main Document 132 replaced on 5/10/2012) (bp). |
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Filing 131
(IN CHAMBERS)- COURT ORDER by Judge Percy Anderson: On October 25, 2011, Court issued an Order stating that any Defendant who had not responded to Plaintiffs' Complaint need not respond to the Complaint until the Court reviews Plaintiffs' response to the Order to Show Cause. Court has not yet set a new date for Defendants to file a responsive pleading. Therefore, neither EMC nor J.P. Morgan are in default. Accordingly, Court denies McZeal's Requests for Entry of Default #113 #114 . McZeal shall file no further Requests for Entry of Default in this action until after the Court has set a new date for Defendants to file a responsive pleading. (kpa)
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| Filing 121 MEMORANDUM in Support of MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) #117 filed by Defendants EMC Mortgage Corporation, JP Morgan Chase Bank NA. (Perovich, Stefan) |
| Filing 120 NOTICE OF MOTION AND MOTION for Order for Granting Motion to Dismiss the Complaint filed by Defendants EMC Mortgage Corporation, JP Morgan Chase Bank NA. Motion set for hearing on 3/12/2012 at 01:30 PM before Judge Percy Anderson. (Perovich, Stefan) |
| Filing 119 Certificate of Interested Parties filed by Defendants EMC Mortgage Corporation, JP Morgan Chase Bank NA, identifying JPMORGAN CHASE BANK N.A., for itself and as Transferee of Servicing from EMC MORTGAGE LLC, formerly Known as EMC MORTGAGE CORPORATION. (Perovich, Stefan) |
| Filing 118 INITIAL DISCLOSURE re MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) #117 filed by Defendants EMC Mortgage Corporation, JP Morgan Chase Bank NA (Perovich, Stefan) |
| Filing 117 NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(b)(5) and 12(b)(6), in the Alternative Motion for a More Definite Statement Under FRCP 12(e) filed by Defendants EMC Mortgage Corporation, JP Morgan Chase Bank NA. Motion set for hearing on 3/12/2012 at 01:30 PM before Judge Percy Anderson. (Perovich, Stefan) |
| Filing 114 REQUEST for Entry of Default against defendant JP Morgan Chase Bank NA filed by plaintiff Al McZeal. (kpa) |
| Filing 113 REQUEST for Entry of Default against defendants EMC Mortgage Corporation filed by plaintiff Al McZeal. (kpa) Modified on 1/12/2012 (kpa). |
| Filing 111 NOTICE OF NON-OPPOSITION To Defendants' Motion to Dismiss filed by Defendants Wanda Anderson Davis, Leefe Gibbs Sullivan Dupre and Aldous LLC. (Attachments: #1 Proof of Service)(Carner, Gretchen) |
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Filing 112
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson, ORDERING Motion for Reconsideration in Response to the In Chambers: Court Order Ruling on December 21, 2011 (doc. 108) submitted by Plaintiffs received on 1/3/2012 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect. (Attachments: #1 Plaintiffs' Motion for Reconsideration) (jp)
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| Filing 110 OF SERVICE filed by Defendants McGlinchey Stafford, Jonathan G Wilbourn, re Non-Opposition to Motion #109 to Dimiss served on December 29, 2011. (Agle, Daniel) |
| Filing 109 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case #92 filed by Defendants McGlinchey Stafford, Jonathan G Wilbourn. (Agle, Daniel) |
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Filing 108
MINUTES (IN CHAMBERS) ORDER by Judge Percy Anderson #12 #20 #25 #42 #43 #65 #92 #99 #5 #6 #10 . The Court is in receipt of ten Motions to Dismiss filed eighteen of the forty defendants (Defendants). (Docket Nos. 5, 6, 10, 12, 20, 25, 42, 43, 65, 92.) The Court is also in receipt of defendants Deutsche Bank National Trust Company and OneWest Bank, FSBs Joinder in Motions to Dismiss. (Docket No. 99.) Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that these matters are appropriate for decision without oral argument. The hearings calendared for December 12, 2011, December 19, 2011, and January 9, 2012 are vacated, and the matters taken off calendar.The Motions to Dismiss, to the extent they relate to Plaintiffs other than Al McZeal, are denied as moot. (im)
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| Filing 107 NOTICE OF MOTION AND MOTION to Dismiss DEFENDANTS Leefe Gibbs Sullivan Dupre and Aldous LLC, Wanda Anderson Davis filed by DEFENDANTS Leefe Gibbs Sullivan Dupre and Aldous LLC, Wanda Anderson Davis. Motion set for hearing on 1/23/2012 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration DECLARATION OF WANDA ANDERSON DAVIS, #2 REQUEST FOR JUDICIAL NOTICE, #3 Exhibit A - E, #4 Proposed Order, #5 PROOF OF SERVICE)(Carner, Gretchen) |
| Filing 106 CERTIFICATION AND NOTICE of Interested Parties filed by DEFENDANTS Wanda Anderson Davis, Leefe Gibbs Sullivan Dupre and Aldous LLC, identifying WANDA ANDERSON DAVIS AND LEEFE, GIBBS, SULLIVAN, DUPRE & ALDOUS, LLC. (Attachments: #1 PROOF OF SERVICE)(Carner, Gretchen) |
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Filing 105
NOTICE OF DISCREPANCY AND ORDER: by Judge Percy Anderson, ORDERING Proof of Service of Summons as to Liberty Bank & Trust Company submitted by Plaintiffs Al McZeal, Alfred McZeal, Sr received on December 12, 2011 is not to be filed but instead rejected. Denial based on: It appears that the pro se plaintiff has attached an altered summons to the Proof of Service. "Liberty Bank & Trust Company" was handwritten onto the summons after issuance. Liberty Bank & Trust is not a named defendant on the face of the Complaint.. (im)
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| Filing 104 PROOF OF SERVICE filed by Defendant Suntrust Mortgage Inc, re Request for Judicial Notice, Request for Relief #101 served on December 16, 2011. (Leifer, Bryan) |
| Filing 101 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case re: Plaintiffs' Complaint #10 filed by Defendant Suntrust Mortgage Inc. (Leifer, Bryan) |
| Filing 103 PROOF OF SERVICE Executed by Plaintiffs Al McZeal, et al., upon Defendant Albert J. McKnight served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon John B. Freeman in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (gk) |
| Filing 102 PROOF OF SERVICE Executed by Plaintiffs Al McZeal, et al., upon Defendant Jeffery Ackermann served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon Terra Sutherland, person apparently in charge at the office or usual place of business in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (gk) |
| Filing 100 STIPULATION for Extension of Time to File Answer to A Date Ordered By The Court Or Agreed To By The Parties re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #3 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #30 filed by Defendant CitiMortgage Inc. (Attachments: #1 Proposed Order, #2 Proof of Service)(Rich, Steven) |
| Filing 99 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Plaintiffs' Complaint or, Alternatively, For a MOTION for More Definite Statement #65 , MOTION to Dismiss Case re: Plaintiffs' Complaint #10 , MOTION to Dismiss Case DEFENDANTS BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC., BAC HOME LOANS SERVICING, L.P., AND RECONTRUST COMPANY, N.A.'S NOTICE OF MOTION AND MOTION TO DISMISS #20 , MOTION to Dismiss Case or Alternatively for a More Definitive Statement; Memorandum of Points and Authorities #42 filed by defendant OneWest Bank, FSB filed by defendant Deutsche Bank National Trust Company. Motion set for hearing on 12/12/2011 at 01:30 PM before Judge Percy Anderson. (Newman, Brian) |
| Filing 98 NOTICE of Appearance filed by attorney John C Dineen on behalf of Defendant Wells Fargo Bank NA (Dineen, John) |
| Filing 97 REPLY to Plaintiffs' Non-Opposition to MOTION to Dismiss Plaintiffs' Complaint or, Alternatively, For a MOTION for More Definite Statement #65 filed by Defendants Power Default Service, Regional Services Corporation, Wells Fargo Bank NA. (Hood, Nicholas) |
| Filing 96 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Dismiss filed 11/29/2011 #92 . The following error(s) was found: Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 95 REPLY to Opposition to Motion by T.D. Service Company to Dismiss Complaint filed by Defendant TD Services Company. (Dreyfuss, Lawrence) |
| Filing 94 NOTICE NOTICE OF RESPONSE DATE FOR DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY filed by Defendant Deutsche Bank National Trust Company. (Attachments: #1 Certificate of Service)(Frohlich, Elizabeth) |
| Filing 93 Certificate and Notice of Interested Parties filed by Defendants McGlinchey Stafford, Jonathan G Wilbourn, identifying McGlinchey Stafford, PLLC; Jonathan G. Wilbourn; and Navigators Pro. (Attachments: #1 Proof of Service)(Agle, Daniel) |
| Filing 92 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants McGlinchey Stafford, Jonathan G Wilbourn. Motion set for hearing on 1/9/2012 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Request Judicial Notice, #3 Affidavit, #4 Affidavit, #5 Proof of Service)(Agle, Daniel) |
| Filing 90 REPLY in Support MOTION to Dismiss Case #5 or, In the Alternative, a More Definite Statement filed by Defendants Paul N Deballion, Deballion and Miley LLP. (Attachments: #1 Declaration of Christopher C. Saldana in Support, #2 Proof of Service)(Saldana, Christopher) |
| Filing 89 REPLY In Support of Motion MOTION to Dismiss Case re: Plaintiffs' Complaint #10 filed by Defendant Suntrust Mortgage Inc. (Leifer, Bryan) |
| Filing 88 PROOF OF SERVICE filed by Defendants L Jay Angelle, MidSouth National Bank NA, re Response in Opposition to Motion,, #84 Supplemental Proof of Service Re Reply Memorandum of Points and Authorities in Support of Motion to Dismiss for Lack of Jurisdiction Filed by Defendants Jay L. Angelle and Midsouth Bank, N.A.; [Proposed] Order Dismissing Case Against Jay L. Angelle and Midsouth Bank, N.A. served on 11/28/2011. (Miller, Elissa) |
| Filing 87 REPLY In Support Of MOTION to Dismiss Case or Alternatively for a More Definitive Statement; Memorandum of Points and Authorities #42 filed by Defendant Severson and Werson. (Shatz, Sanford) |
| Filing 86 REPLY In Support Of MOTION to Dismiss Case DEFENDANTS BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC., BAC HOME LOANS SERVICING, L.P., AND RECONTRUST COMPANY, N.A.'S NOTICE OF MOTION AND MOTION TO DISMISS #20 filed by Defendants BAC Home Loans Inc, Bank of America NA, Countrywide Home Loans Inc, Recontrust Company NA. (Evans-Moyer, Tracy) |
| Filing 85 REPLY in support of MOTION to Dismiss Case #25 Complaint of Defendants Fifth Third Mortgage and Fifth Third Bank filed by Defendant Fifth Third Mortgage. (Michel, Hayes) |
| Filing 84 OPPOSITION to MOTION to Dismiss Defendants L Jay Angelle, MidSouth National Bank NA for Lack of Jurisdiction and for Ineffective Service of Process; Memorandum of Points and Authorities and Declarations of Jay L. Angelle, Glenda Montet and Elissa D. Miller in Su #6 Reply Memorandum of Points and Authorities in Support of Motion to dismiss for Lack of Jurisdiction Filed by Defendants Jay L. Angelle and Midsouth Bank, N.A. filed by Defendants L Jay Angelle, MidSouth National Bank NA. (Attachments: #1 Proposed Order Dismissing Case Against Jay L. Angelle and Midsouth Bank, N.A.)(Miller, Elissa) |
| Filing 91 ANSWER to Defendants' Motion to Dismiss Plaintiffs' Complaint Under Rule 12(b)(6) #5 , #10 , #20 , #42 , #25 , #12 , #6 , #43 filed by Plaintiffs Al McZeal, Fernando Arbelaez, Marvin D Beaulieu, Lupi Paulo Edwards, Tommy Encinas, Araceli Garcia, Michael Gilliland, Vien Thi Ho, Arlene Hudson, Christopher James, Medina James, Imelda Manansala, Chaneria McClain, Alfred McZeal, Sr, Jamileh Miller, Mark S Miller, Liana Munden, Diane Marquez Peniche, Jose Luis Perez, Pablo Trejo Resendez, Elizabeth Van Camp. Lodged Proposed Order. (gk) |
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Filing 69
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court has received the Response to Order to Show Cause filed by pro se plaintiffs Al McZeal, et al. #68 . On 10/20/2011, this Court ordered plaintiffs to show cause in writing why the Court should not strike the class allegations because non-lawyer class representatives cannot appear pro se #9 . Plaintiffs request the Court to allow them up to 180 days to secure competent class counsel or, alternatively, to appoint interim counsel pursuant to Rule 23(g)(3). The Court finds Plaintiffs' response to the order to show cause inadequate. Moreover, because there is no indication that Plaintiffs attempted to obtain class counsel prior to filing their complaint, the Court denies Plaintiffs' request for more time to secure class counsel, and because, as a threshold matter, non-lawyer class representatives cannot appear pro se, the Court declines to appoint interim counsel pursuant to Rule 23(g)(3). Accordingly, the Court strikes Plaintiffs' class allegations. Court Reporter: None. (gk)
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| Filing 83 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Leefe, Gibbs, Sullivan, Dupre & Aldous, LLC served on 11/2/2011, answer due 11/23/2011. Service of the Summons and Complaint were executed upon Richard K. Leefe, General Partner, by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Lisa Lodet, date of receipt not indicated. (gk) |
| Filing 82 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Jonathan G. Wilbourn served on 11/2/2011, answer due 11/23/2011. Service of the Summons and Complaint were executed by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by illegible signature on 11/4/2011. (gk) |
| Filing 81 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant McGlinchey Stafford, PLLC served on 11/2/2011, answer due 11/23/2011. Service of the Summons and Complaint were executed upon Kenneth A. Weiss, Registered Agent for McGlinchey Stafford, PLLC by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by illegible signature on 11/4/2011. (gk) |
| Filing 80 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Southern Development Foundation served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon John B. Freeman, registered agent for Southern Development Foundation in compliance with California Code of Civil Procedure by personal service. (gk) |
| Filing 79 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Wanda Anderson Davis served on 11/2/2011, answer due 11/23/2011. Service of the Summons and Complaint were executed by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Linda Ladel, date of receipt not indicated. (gk) |
| Filing 78 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Deballion & Miley, LLP served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon Elizabeth Deballion, authorized agent for Deballion & Miley, LLP in compliance with California Code of Civil Procedure by personal service. (gk) |
| Filing 77 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Mackie, Wolk, Zienz, Mann PC served on 11/2/2011, answer due 11/23/2011. Service of the Summons and Complaint were executed by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Krystal Hughes, date of receipt not indicated. (gk) |
| Filing 76 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Paul N. Deballion served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon Elizabeth Deballion in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (gk) |
| Filing 75 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant EMC Mortgage Corporation served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon CT Corporation System, registered agent for EMC Mortgage Corporation by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Mica Minor on 9/29/2011. (gk) |
| Filing 74 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant L. Jay Angelle served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon Mattie A. Cook in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (gk) |
| Filing 73 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant MidSouth National Bank, N.A. served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon Mattie A. Cook, authorized agent for Midsouth National Bank, N.A. in compliance with California Code of Civil Procedure by personal service. (gk) |
| Filing 72 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Southern Consumers Coop served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon John B. Freeman, CEO, registered agent for Southern Consumer Coop in compliance with California Code of Civil Procedure by personal service. (gk) |
| Filing 71 PROOF OF SERVICE Executed by Plaintiff Al McZeal, upon Defendant John B. Freeman served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon John B. Freeman by personal service, statute under which service was made is not specified. (gk) |
| Filing 70 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Sr., et al. upon Defendant JP Morgan Chase Bank, N.A. served on 9/26/2011, answer due 10/17/2011. Service of the Summons and Complaint were executed upon CT Corporation System, registered agent for JP Morgan Chase Bank, N.A. by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by rubber stamp imprint of Rudy Rivera on 9/28/2011. (gk) |
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Filing 66
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge A. Howard Matz, for the reasons set forth on this order. Related Case No. CV 10-08501 AHM(FFMx) (rn)
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| Filing 68 RESPONSE to Order to Show Cause #9 filed by Plaintiffs Al McZeal, Fernando Arbelaez, Marvin D Beaulieu, Lupi Paulo Edwards, Tommy Encinas, Araceli Garcia, Michael Gilliland, Vien Thi Ho, Arlene Hudson, Christopher James, Medina James, Imelda Manansala, Chaneria McClain, Alfred McZeal, Sr, Jamileh Miller, Mark S Miller, Liana Munden, Diane Marquez Peniche, Jose Luis Perez, Pablo Trejo Resendez, Elizabeth Van Camp. (gk) |
| Filing 67 PROOF OF SERVICE Executed by Plaintiff Vien Thi Ho, upon Defendant Susan Hendrick served on 10/3/2011, answer due 10/24/2011. Service of the Summons and Complaint were executed upon Defendant Susan Hendrick by personal service, statute under which service was made is not specified. Original Summons NOT returned. (gk) |
| Filing 65 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint or, Alternatively, For a, MOTION for More Definite Statement filed by Defendants Power Default Service, Regional Services Corporation, Wells Fargo Bank NA. Motion set for hearing on 12/19/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order)(Hood, Nicholas) |
| Filing 64 CERTIFICATE OF SERVICE filed by Defendant Deutsche Bank National Trust Company, re Notice of Appearance #62 , Certificate/Notice of Interested Parties #63 served on November 11, 2011. (Frohlich, Elizabeth) |
| Filing 63 Certificate and Notice of Interested Parties filed by Defendant Deutsche Bank National Trust Company, identifying Deutsche Bank Holdings, Inc., Deutsche Bank Trust Corporation, Taunus Corporation, and Deutsch Bank AG. (Frohlich, Elizabeth) |
| Filing 62 NOTICE of Appearance filed by attorney Elizabeth Allen Frohlich on behalf of Defendant Deutsche Bank National Trust Company (Frohlich, Elizabeth) |
| Filing 61 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Deutsche Bank National Trust Company served on 10/24/2011, answer due 11/14/2011. Service of the Summons and Complaint were executed c/o Suzanne Patten, by delivering to Katie Wannenmachel, authorized to accept, in compliance with California Code of Civil Procedure by personal service. (gk) |
| Filing 60 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendants (1) US Bank National Association served on 11/7/2011, answer due 11/28/2011. Service of the Summons and Complaint were executed attention: Cindy Rumbold, Administrative Assistant by mail, statute under which service was made is not indicated. (2) Defendant 4 Clothes served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon Rebecca Cohen, designated by law to accept service of process on behalf of 4 Clothes LLC in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (gk) |
| Filing 57 CERTIFICATE OF SERVICE filed by Defendant CitiMortgage Inc, re Notice of Appearance #55 , Certificate/Notice of Interested Parties #56 served on November 4, 2011. (Rich, Steven) |
| Filing 56 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant CitiMortgage Inc, identifying Citibank, N.A., Citicorp, Citigroup Inc.. (Rich, Steven) |
| Filing 55 NOTICE of Appearance filed by attorney Steven E Rich on behalf of Defendant CitiMortgage Inc (Rich, Steven) |
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Filing 59
ORDER by Judge Percy Anderson: granting #53 Application to Appear Pro Hac Vice by Attorney Jocelyn N. Prewitt-Stanley on behalf of Fifth Third Mortgage, designating Hayes F. Michel as local counsel. (lt)
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Filing 58
ORDER by Judge Percy Anderson: granting #54 Application to Appear Pro Hac Vice by Attorney Robert N. Webner on behalf of Fifth Third Mortgage, designating Hayes F. Michel as local counsel. (lt)
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| Filing 54 APPLICATION for attorney Robert N. Webner to Appear Pro Hac Vice (PHV FEE PAID) filed by defendant Fifth Third Mortgage. (kpa) |
| Filing 53 APPLICATION for attorney Jocelyn N. Prewitt-Standley to Appear Pro Hac Vice (PHV FEE PAID) filed by defendant Fifth Third Mortgage. (kpa) |
| Filing 52 OPPOSITION re: EXPARTE APPLICATION for Extension of Time to File of 180 Days EX PARTE APPLICATION to Stay Case pending the Proceeding for 180 Days in Order for the Plaintiffs to Secure Class Counsel #48 filed by Defendant TD Services Company. (Dreyfuss, Lawrence) |
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Filing 51
(IN CHAMBERS) COURT ORDER by Judge Percy Anderson: Court is in receipt of an Ex Parte Application #48 filed by plaintiffs Al McZeal et al. on November 1, 2011. Court grants the application in part, and denies it in part. All pending motions to dismiss (Docket Nos. 5, 6, 10, 12, 20, 25, 42 & 43) are continued for hearing to December 12, 2011, at 1:30 PM. Plaintiffs' Oppositions to these motions to dismiss are due no later than November 21, 2011, and Defendants' replies, if any, are due no later than November 28, 2011. (kpa)
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| Filing 50 Notice of Service of Standing Order and Order to Show Cause (with Proof of Service) filed by plaintiff Al McZeal. (kpa) |
| Filing 49 NOTICE OF SERVICE filed by Plaintiffs Al McZeal, Fernando Arbelaez, Marvin D Beaulieu, Lupi Paulo Edwards, Tommy Encinas, Araceli Garcia, Michael Gilliland, Vien Thi Ho, Arlene Hudson, Christopher James, Medina James, Imelda Manansala, Chaneria McClain, Alfred McZeal, Sr, Jamileh Miller, Mark S Miller, Liana Munden, Diane Marquez Peniche, Jose Luis Perez, Pablo Trejo Resendez, Elizabeth Van Camp, re Standing Order #1 , Order to Show Cause #9 , and In Chambers Order #27 , served on 11/1/2011. (gk) |
| Filing 48 EX PARTE APPLICATION for Extension of Time of 180 Days, or Alternatively the Court Should Stay the Proceeding for 180 Days in Order for the Plaintiffs to Secure Class Counsel filed by Plaintiffs Al McZeal, Fernando Arbelaez, Marvin D Beaulieu, Lupi Paulo Edwards, Tommy Encinas, Araceli Garcia, Michael Gilliland, Vien Thi Ho, Arlene Hudson, Christopher James, Medina James, Imelda Manansala, Chaneria McClain, Alfred McZeal, Sr, Jamileh Miller, Mark S Miller, Liana Munden, Diane Marquez Peniche, Jose Luis Perez, Pablo Trejo Resendez, Elizabeth Van Camp. Lodged Proposed Order.(gk) |
| Filing 46 NOTICE OF PRO HAC VICE APPLICATION AND FILING FEE DUE on Pro Hac Vice Application mailed to Robert N. Webner for Defendant Fifth Third Mortgage. (Attachments: #1 G-64 Application, #2 G-64 Proposed Order) (gk) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss Case or Alternatively for a More Definitive Statement; Memorandum of Points and Authorities filed by defendant Severson and Werson. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order)(Shatz, Sanford) |
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Filing 40
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court is in receipt of the Motion to Dismiss filed by defendant Susan Hendrick, an attorney who is appearing pro se. Pursuant to General Order 10-07, "Unless ordered by the court, documents filed by pro se litigants will continue to be filed and served in the traditional manner and will be scanned by the Clerk's Office into the CM/ECF system." Hendrick filed and served her Motion to Dismiss by mail. The Court accepts the Motion to Dismiss for filing, and the Clerk's Office will scan these documents into the CM/ECF system. Although Hendrick is appearing pro se, because she is an attorney, the Court orders her to participate in the Court's electronic filing program. All future filings by Hendrick must follow the provisions of General Order 10-07. Court Reporter: Not Reported. (gk)
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| Filing 47 EXHIBIT re Notice Pursuant to Fed. R. Evid. 201 #45 filed by Defendant Susan Hendrick. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9)(gk) |
| Filing 45 Judicial Notice Pursuant to Fed. R. Evid. 201 filed by Defendant Susan Hendrick, Pro Se. (kpa) |
| Filing 44 MEMORANDUM in Support of MOTION to Dismiss Case #43 filed by Defendant Susan Hendrick. (kpa) |
| Filing 43 NOTICE OF MOTION AND MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted filed by defendant Susan Hendrick in Pro Se. Motion set for hearing on 11/21/2011 at 1:30 PM before Judge Percy Anderson. (kpa) |
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Filing 27
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Plaintiff Al McZeal and twenty other named plaintiffs (Plaintiffs) have filed a putative Class Action Complaint against forty defendants. On October 20, 2011, this Court ordered Plaintiffs to show cause in writing, no later than November 14, 2011, why the class action allegations should not be dismissed because non-lawyer class representatives cannot appear pro se. Some of the Defendants have filed motions to dismiss. These motions remain on calendar. Defendants who have not responded to Plaintiffs Complaint need not respond until the Court reviews Plaintiffs response to the Order to Show Cause. Plaintiffs are ordered to personally serve a copy of this Order on any defendant that has already been served with the Complaint within seven (7) court days of the date of this Order or at the time of service for any defendant that has not already been served. #9 . (pso)
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Filing 41
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Percy Anderson, ORDERING Application and Order for Non-Resident Attorney; Motion for Extension of Time to Respond to Complaint submitted by Defendant Jeffery Ackermann received on 10/24/2011 is not to be filed but instead rejected. Denial based on: No local counsel provided; need local counsel to represent firm; Court has issued an order that defendants not respond until further order of the Court. (gk)
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| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant Suntrust Mortgage, Inc.'s Notice of Motion and Motion to Dismiss Plaintiffs' Complaint Pursuant to F.R.C.P. 12(b)(6), 12(f) and/or 23(d)(1) filed 10/20/2011 #10 . The following error(s) was found: Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Fifth Third Mortgage. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Hayes F. Michel, #2 Exhibit A - D to Declaration of Hayes F. Michel, #3 Proposed Order)(Michel, Hayes) |
| Filing 24 CERTICATION AND NOTICE of Interested Parties filed by Defendant Fifth Third Mortgage, identifying Fifth Third Financial Corporation, Fifth Third Mortgage, Fifth Third Bank, Fifth Third Mortgage-MI, L.L.C., Fifth Third Financial Corporation, Fifth Third Bancorp.. (Michel, Hayes) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT re: Certificate of Interested Parties filed by Defendant Suntrust Mortgage Inc identifying SunTrust Bank as Corporate Parent. (Leifer, Bryan) |
| Filing 22 NOTICE of Related Case(s) filed by Defendants BAC Home Loans Inc, Bank of America NA, Countrywide Home Loans Inc, Recontrust Company NA. Related Case(s): 2:10-cv-08501-AHM-FFM (Evans-Moyer, Tracy) |
| Filing 21 Certification of Interested Parties filed by Defendants BAC Home Loans Inc, Bank of America NA, Countrywide Home Loans Inc, Recontrust Company NA, (Evans-Moyer, Tracy) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC., BAC HOME LOANS SERVICING, L.P., AND RECONTRUST COMPANY, N.A.'S NOTICE OF MOTION AND MOTION TO DISMISS filed by Defendants BAC Home Loans Inc, Bank of America NA, Countrywide Home Loans Inc, Recontrust Company NA. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order)(Evans-Moyer, Tracy) |
| Filing 19 DECLARATION of Defendant Regional Service Corporation of Non-Monetary Status to Plaintiffs' Complaint filed by Defendants IndyMac One West Bank, Power Default Service, Regional Services Corporation. (Hood, Nicholas) |
| Filing 18 DECLARATION of Defendant Power Default Services, Inc. of Non-Monetary Status filed by Defendants IndyMac One West Bank, Power Default Service, Regional Services Corporation. (Hood, Nicholas) |
| Filing 17 Certificate and Notice of Interested Parties filed by Defendants IndyMac One West Bank, Power Default Service, Regional Services Corporation, identifying American Home Mortgage Servicing, Inc.; WL Ross & Co. LLC; Invesco Private Capital, Inc.; Invesco PLC; OneWest Group, LLC. (Hood, Nicholas) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Severson & Werson, A Professional Corporation, served on 9/21/2011, answer due 10/12/2011. Service of the Summons and Complaint were executed upon Larry W. Telford, registered agent for Severson & Werson, A Professional Corporation, by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Jorge Carreon on 9/23/2011. Original Summons NOT returned. (gk) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Recontrust Company, N.A. served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon Litigation In-Take, Service of Process for Recontrust Company, N.A. by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Balta on 10/5/2011. Original Summons NOT returned. (gk) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Suntrust Mortgage Inc. served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CSC - Lawyers Incorporating Service, Registered Agent for Suntrust Mortgage Inc. by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Rhonda Tuck on 10/3/2011. Original Summons NOT returned. (gk) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Fifth Third Mortgage Company served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CSC - Lawyers Incorporating Service, Registered Agent for Fifth Third Mortgage Co. by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Rhonda Tuck on 10/3/2011. Original Summons NOT returned. (gk) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff Al McZeal, et al. upon Defendant Wells Fargo Bank, N.A. served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CSC - Lawyers Incorporating Service, Registered Agent for Wells Fargo Bank, N.A. by certified mail in compliance with California Code of Civil Procedure. Return receipt acknowledged by Rhonda Tuck on 10/3/2011. Original Summons NOT returned. (gk) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al upon Defendant Power Default Service served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (kpa) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al upon Defendant TD Services Company served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon Patrick J. Dobiesz, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (kpa) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al upon Defendant Countrywide Home Loans Inc served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (kpa) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al upon Defendant Regional Services Corporation served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon William G. Malcolm, Registered Agent in compliance with Federal Rule by personal service. Original Summons NOT returned. (kpa) Modified on 10/25/2011 (kpa). |
| Filing 30 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al upon Defendant CitiMortgage Inc served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent in compliance with Federal Rule by personal service. Original Summons NOT returned. (kpa) Modified on 10/25/2011 (kpa). |
| Filing 29 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al upon Defendant Bank of America NA served on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent in compliance with Federal Rule by personal service. Original Summons NOT returned. (kpa) Modified on 10/25/2011 (kpa). |
| Filing 28 PROOF OF SERVICE Executed by Plaintiffs McZeal, et al. served on Defendant BAC Home Loans Inc on 9/30/2011, answer due 10/21/2011. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent in compliance with Federal Rule. Original Summons NOT returned. (kpa) Modified on 10/25/2011 (kpa). |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Ineffective Service of Process filed 10/18/2011 #6 . The following error(s) was found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed 10/17/2011 #5 . The following error(s) was found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief May Be Granted ; Memorandum of Points and Authorities #12 filed by Defendant TD Services Company. (Dreyfuss, Lawrence) |
| Filing 13 CERTIFICATE of Interested Parties filed by Defendant TD Services Company, (Dreyfuss, Lawrence) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief May Be Granted ; Memorandum of Points and Authorities filed by Defendant TD Services Company. Motion set for hearing on 11/28/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order on Defendant T.D. Service Company's Motion to Dismiss Complaint, #2 Declaration of Lawrence J. Dreyfuss Pursuant to Local Rule 7.3 in Relation to Motion to Dismiss Complaint)(Dreyfuss, Lawrence) |
| Filing 11 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case re: Plaintiffs' Complaint #10 filed by Defendant Suntrust Mortgage Inc. (Leifer, Bryan) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case re: Plaintiffs' Complaint filed by Defendant Suntrust Mortgage Inc. Motion set for hearing on 11/28/2011 at 01:30 PM before Judge Percy Anderson. (Leifer, Bryan) |
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Filing 9
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson: Because non-lawyer class representatives cannot appear pro se, the Court orders Plaintiffs to show cause in writing, no later than 11/14/2011, why the class action allegations should not be dismissed. Plaintiffs are ordered to personally serve a copy of this Order on any defendant that has already been served with the Complaint within seven court days of the date of this Order or at the time of service for any defendant that has not already been served. Court Reporter: N/A. (gk)
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| Filing 8 CERTIFICATION and NOTICE of Interested Parties filed by Defendants Paul N Deballion, Deballion and Miley LLP, identifying None. (Saldana, Christopher) |
| Filing 7 Defendant Mid South Bank, N.A. and Jay L. Angelle's Certification of Interested Parties filed by Defendant L Jay Angelle, MidSouth National Bank NA, identifying Plaintiffs Named in Complaint: Al McZealAlfred McZeal, Sr., Vien Thi Ho, Lupi Paulo Edwards, Imelda Manansala, Araceli Garcia, Jose Luis Perez, Tommy Encinas, Liana Munden, Pablo Trejo Resendez, Mark S. Miller, Arlene Hudson, Michael Gilliland, Fernando Arbelaez, Marvin D. Beaulieu, Chaneria Mcclain, Medina James, Christopher James, Elizabeth Van Camp, Diane Marquez Peniche; Defendants Named in Complaint: J.P. Morgan Chase Bank, Na., Emc Mortgage Corporation, Bank Of America, Na, BAC Home Loans, Inc., Citimortgage, Inc., Countrywide Home Loans, Inc., Deutsche Bank National Trust Company, Fifth Third Mortgage, Wells Fargo Bank, Na, Mortgage Electronic Registration Systems, Midsouth National Bank, Na, Suntrust Mortgage, Indymac/One West Bank, Option One Mortgage, U.S. Bank National Trustee, Durio McGoffin Stagg & Ackermann, Jeffery Ackermann, Paul N. Deballion, Deballion & Miley, LLP, Wanda Anderson Davis, Leefe, Gibbs, Sullivan, Dupre & Aldous, LLC, Recontrust Company, NA.. Regional Services Corporation, Severson & Werson, TD Services Company, Albert J. McKnight, John B. Freeman, Southern Consumers Coop, Susan Hendrick, Aronowitz & Mecklenburg, Southern Development Foundation, L. Jay Angelle, Rex Kessler, Mackie Wolk Zienz Mann, PC, Mcglinchey Stafford, Jonathan G. Wilbourn, Power Default Service, 4 Clothes 4 TC, LLC. (Miller, Elissa) |
| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Defendants L Jay Angelle, MidSouth National Bank NA for Lack of Jurisdiction and for Ineffective Service of Process; Memorandum of Points and Authorities and Declarations of Jay L. Angelle, Glenda Montet and Elissa D. Miller in Support Thereof filed by Defendant L Jay Angelle, MidSouth National Bank NA. Motion set for hearing on 11/21/2011 at 01:30 PM before Judge Percy Anderson. (Miller, Elissa) |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Paul N Deballion, Deballion and Miley LLP. Motion set for hearing on 11/21/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Certificate of Service)(Saldana, Christopher) |
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Filing 2
SELF-REPRESENTATION ORDER by Judge Percy Anderson: One or more of the parties to this action has elected to appear pro se. Persons appearing before this Court are not required to retain the services of a lawyer or obtain the advice of counsel. Individual litigants may represent themselves pro se, but corporations and associations must be represented by counsel. (kpa)
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Filing 1
STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (kpa)
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| Filing 4 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiffs Fernando Arbelaez, Marvin D Beaulieu, Lupi Paulo Edwards, Tommy Encinas, Araceli Garcia, Michael Gilliland, Vien Thi Ho, Arlene Hudson, Christopher James, Medina James, Imelda Manansala, Chaneria McClain, Al McZeal, Alfred McZeal, Sr, Jamileh Miller, Mark S Miller, Liana Munden, Diane Marquez Peniche, Jose Luis Perez, Pablo Trejo Resendez, Elizabeth Van Camp, (esa) |
| Filing 3 COMPLAINT against defendants.Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge patrick J Walsh; (Filing fee $ 350 PAID); jury demand;, filed by plaintiffs Christopher James, Jose Luis Perez, Alfred McZeal, Sr, Al McZeal, Marvin D Beaulieu, Michael Gilliland, Medina James, Mark S Miller, Liana Munden, Elizabeth Van Camp, Jamileh Miller, Diane Marquez Peniche, Araceli Garcia, Vien Thi Ho, Pablo Trejo Resendez, Arlene Hudson, Tommy Encinas, Rex Kessler, Lupi Paulo Edwards, Chaneria McClain, Imelda Manansala.(esa) |
| 21 DAY Summons Issued re Complaint #3 as to defendants 4 Clothes 4 TC LLC, Jeffery Ackermann, L Jay Angelle, Aronowitz and Mecklenburg, BAC Home Loans Inc, Bank of America NA, CitiMortgage Inc, Countrywide Home Loans Inc, Wanda Anderson Davis, Paul N Deballion, Deballion and Miley LLP, Deutsche Bank National Trust Company, Durio McGoffin Stagg and Ackermann, EMC Mortgage Corporation, Fifth Third Mortgage, John B Freeman, Susan Hendrick, IndyMac One West Bank, JP Morgan Chase Bank NA, Rex Kessler, Leefe Gibbs Sullivan Dupre and Aldous LLC, Mackie Wolk Zienz Mann PC, Albert J McKnight, MidSouth National Bank NA, Mortgage Electronic Registration Systems, Power Default Service, Recontrust Company NA, Regional Services Corporation, Severson and Werson, Southern Consumers Coop, Southern Development Foundation, McGlinchey Stafford, Suntrust Mortgage Inc, TD Services Company, US Bank National Trustee, Wells Fargo Bank NA, Jonathan G Wilbourn. (esa) |
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