Pemberton et al v. Nationstar Mortgage LLC
Michael Pemberton and Sandra Collins-Pemberton |
Nationstar Mortgage LLC |
3:2014cv01024 |
April 23, 2014 |
US District Court for the Southern District of California |
San Diego Office |
XX US, Outside State |
Cynthia Bashant |
Michael S Berg |
Contract: Other |
28 U.S.C. § 1331 Fed. Question |
Plaintiff |
Docket Report
This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 154 DECLARATION Confirming Compliance With Settlement Agreement by Defendant Nationstar Mortgage LLC. (Kemp, Erik) (jmo). |
Filing 153 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED the Court GRANTS the Parties Motion for Settlement and Final Approval of Class Action Settlement. Judgment is entered in favor of Plaintiffs and against Defendant. The Parties are ordered to carry out the Settlement Agreement in the manner provided in the Settlement Agreement. The case is hereby closed.(jmo) (dsn) |
Filing 152 ORDER Granting Final Approval of Class Action Settlement (ECF No. #132 ). Signed by Judge Cynthia Bashant on 1/15/2020. (jmo) (dsn) |
Filing 151 ORDER Granting Motion for Attorneys' Fees and Named Representative Award (ECF No. #133 ).Signed by Judge Cynthia Bashant on 1/15/2020. (jmo) (dsn) |
Filing 150 REPLY of Kenneth B. Salomon to Nationstar's Response to Objection to Proposed Settlement.Nunc pro tunc 1/13/2020. (jmo) |
Filing 149 Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Reply of Kenneth B. Salomon to Nationstars Response to My objection to Proposed Settlement. Non-compliance with local rule(s), OTHER: LR 5(1)(h) - Filer is not a party to the case. Nunc Pro Tunc 1/13/2020. (jmo) (dsn) |
Filing 148 Minute Entry for proceedings held before Judge Cynthia Bashant: Final Approval Hearing held on 1/13/2020. Dr. Keough present and court orders late inclusion into the class. Court to issue order.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Michael Brown and David Vendler). (Defendant Attorney Erik Kemp and Mark Lonergan). (no document attached) (sxm) |
Filing 147 SUPPLEMENTAL DOCUMENT by Michael Pemberton re #132 MOTION for Settlement and Final Approval of Class Action Settlement Supplemental declaration of Jennifer M. Keough supplementing declaration at ECF # 132-1. (Brown, Michael) (jmo). |
Filing 146 CERTIFICATE OF SERVICE by Michael Pemberton re #145 Response - Other, (Brown, Michael) (jmo). |
Filing 145 RESPONSE re #137 Objection, #141 Objection, #139 Objection, #142 Response - Other Plaintiffs' Joinder in defendant Nationstar's Response to Objections filed by Kenneth Salomon and Sharon Kelly-Salomon filed by Michael Pemberton. (Attachments: #1 Declaration of Michael R. Brown in Response to Objection)(Brown, Michael) (jmo). |
Filing 144 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #143 Declaration, #142 Response - Other (Kemp, Erik) (jmo). |
Filing 143 DECLARATION re #134 Notice of Joinder in Support of Motion for Final Approval by Defendant Nationstar Mortgage LLC. (Attachments: #1 Exhibit A)(Kemp, Erik) (jmo). |
Filing 142 RESPONSE re #137 Objection, #141 Objection, #139 Objection of Kenneth Salomon and Sharon Kelly-Salomon filed by Nationstar Mortgage LLC. (Kemp, Erik) (jmo). |
Filing 141 SUPPLEMENT to Objection of Kenneth B. Salomon to Proposed Settlement.NUNC PRO TUNC 12/27/2019. (All non-registered users served via U.S. Mail Service)(jmo) |
Filing 140 Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Supplement to Objection of Kenneth B. Salomon to Proposed Settlement. Non-compliance with local rule(s), OTHER: LR 5(1)(h) Filer is not a party to the case. Nunc Pro Tunc 12/27/2019. (All non-registered users served via U.S. Mail Service)(jmo) |
Filing 139 OBJECTION of Kenneth B. Salomon to Proposed Settlement. NUNC PRO TUNC 12/27/2019.(All non-registered users served via U.S. Mail Service)(jmo) |
Filing 138 Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Objection of Kenneth B. Salomon to Proposed Settlement. Non-compliance with local rule(s), OTHER: LR 5(1)(h) Filer is not a party to the case. Nunc Pro Tunc 12/27/2019. (All non-registered users served via U.S. Mail Service)(jmo) |
Filing 137 OBJECTION of Sharon Kelly-Salomon to Proposed Settlement. NUNC PRO TUNC 12/27/2019. (All non-registered users served via U.S. Mail Service)(jmo) Modified on 12/31/2019 to correct text. (jmo). |
Filing 136 Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Objection of Sharon Kelly-Salomon to Proposed Settlement. Non-compliance with local rule(s), OTHER: LR 5(1)(h) Filer is not a party to the case. Nunc Pro Tunc 12/27/2019. (All non-registered users served via U.S. Mail Service)(jmo) |
Filing 135 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #134 Notice of Joinder in Motion for Final Approval (Kemp, Erik) (jmo). |
Filing 134 NOTICE of Joinder by Nationstar Mortgage LLC re #132 MOTION for Settlement and Final Approval of Class Action Settlement (Kemp, Erik) (jmo). |
Filing 133 MOTION for Attorney Fees , Request by Class Counsel for an Award of attorney's Fees and Named Representative Award, supporting declarartions filed with Motion for Final Approval of Class Settlement, related documents ECF 132-3, 132-4, 132-5, 132-6 by Michael Pemberton. (Brown, Michael) |
Filing 132 MOTION for Settlement and Final Approval of Class Action Settlement by Michael Pemberton. (Attachments: #1 Declaration of Jennifer L. Keough, #2 Declaration of Thea Cross, #3 Declaration of Michael R. Brown also in support of separately filed Motion for Attorney's Fees, #4 Exhibit A to the Brown declaration also filed ISO the separely filed Motion for Attorney's Fees, #5 Declaration of David Vendler also filed in support of separetly filed Motion for Attorney's Fees, #6 Exhibit A to the declaration of David Vendler also filed in support of the separately filed Motion for Attorney's Fees.)(Brown, Michael) |
Filing 131 ORDER granting Plaintiffs' #130 Motion to Certify Class and for Preliminary Approval of Settlement. Pursuant to FRCP Rule 23, Court conditionally certifies a class for settlement purposes only. Court appoints Michael Pemberton and Sandra Collins Pemberton as Class Representatives. Court appoints the Law Office of David J. Vendler and Michael R. Brown, APC, as Class Counsel to represent the Class. Court preliminarily approves the Settlement Agreement and the terms and conditions of Settlement, subject to further consideration at a Final Approval Hearing. Final Approval Hearing set for 1/13/2020 11:00 AM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 10/9/2019. (jah) |
Filing 130 Joint MOTION for Certify Class and Preliminary Approval of Settlement by Sandra Collins-Pemberton, Michael Pemberton. (Attachments: #1 Declaration of David J. Vendler, #2 Exhibit Exhibit 1 to Vendler, #3 Exhibit 2 to Vendler Declaration, #4 Exhibit 3 to Vendler Declaration, #5 Exhibit 4 to Vendler Declaration, #6 Exhibit 5 to Vendler Declaration, #7 Declaration of Michael R. Brown , #8 Declaration Katherian Pippin, #9 Declaration of Thea Cross)(Vendler, David). Modified on 8/14/2019 - Removed duplicative attachment descriptions. Edited motion text (jah). |
Filing 129 ORDER granting #127 Second Joint Motion for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement. Deadline to file Joint Motion for Preliminary Approval is extended to 8/14/2019. Settlement Disposition Conference set for 8/13/2019 is continued to 8/20/2019 01:30 PM in Courtroom 2C before Magistrate Judge Michael S. Berg. If the Joint Motion for Preliminary Approval of Class Settlement is filed by 8/14/2019, the Settlement Disposition Conference will be vacated without further court order. Signed by Magistrate Judge Michael S. Berg on 8/8/2019. (jah) |
Filing 128 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #127 Second Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement (Kemp, Erik). Modified on 8/9/2019 - Edited text (jah). |
Filing 127 Second Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement by Nationstar Mortgage LLC. (Kemp, Erik). Modified on 8/8/2019 - Added "Second" to text (jah). |
Filing 126 ORDER granting #125 Joint Motion for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement. Deadline to file Joint Motion for Preliminary Approval extended to 8/7/2019. Settlement Disposition Conference continued to 8/13/2019 01:30 PM in Courtroom 2C before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 7/24/2019. (jah) |
Filing 125 Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement by Nationstar Mortgage LLC. (Vukovic, Adam). (jah). |
Filing 124 ORDER CONFIRMING SETTLEMENT AND SETTING DEADLINE TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT The parties are ordered to file their Joint Motion for Preliminary Approval of Class Settlement no later than July 24, 2019. A proposed order granting the joint motion must be e-mailed to the assigned district judges chambers on the same day. Settlement Disposition Conference set for 7/30/2019 01:30 PM in Courtroom 2C before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 5/28/2019.(sjm) |
Filing 123 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Mandatory Settlement Conference held on 5/24/2019. The case settled on a class-wide basis, pending approval from the District Court. The terms of the proposed settlement agreement were placed on the record. Order to follow. (Plaintiff Attorneys Michael R. Brown; David J. Vendler). (Defendant Attorneys Erik Kemp; Mark Lonergan). (no document attached) (jxb) |
Filing 122 ORDER granting Plaintiffs' #121 Motion to Excuse Appearance of Plaintiffs at the Mandatory Settlement Conference. Plaintiffs are excused from personally appearing at the 5/24/2019 Mandatory Settlement Conference, and are ordered to provide a telephone number where Court can contact them and remain available by telephone for the duration of the Mandatory Settlement Conference. Signed by Judge Cynthia Bashant on 5/22/2019. (jah) |
Filing 121 MOTION to Excuse Appearance of Plaintiffs at Mandatory Settlement Conference, by Michael Pemberton. (Attachments: #1 Declaration of Michael R Brown, #2 Proof of Service)(Brown, Michael). Modified on 5/23/2019 - Edited attachment descriptions (jah). |
Filing 120 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic Status Conference re: Settlement Conference held separately with each Plaintiff's counsel and Defendant's counsel on 5/20/2019. (Plaintiff Attorney Michael R. Brown). (Defendant Attorney Erik W. Kemp). (no document attached) (jxb) |
Filing 119 ORDER granting #118 Amended Joint Motion to Extend Fact Discovery Cut-Off. Deadline to complete fact discovery is extended to 8/15/3019. Signed by Magistrate Judge Michael S. Berg on 4/29/2019. (jah) |
Filing 118 Amended Joint MOTION to Extend Fact Discovery Cutoff by Nationstar Mortgage LLC. (Attachments: #1 Proof of Service)(Kemp, Erik). Modified on 4/29/2019 - Wrong event, should be filed as Motion. QC Email sent. Changed to motion. Corrected text (jah). |
Filing 117 ORDER denying #115 Joint Motion for Extension of Fact Discovery Cutoff. Court finds that the facts presented by the parties do not demonstrate the parties' diligence to complete discovery in the currently allotted time frame, or that with diligence, they can do so now. Signed by Magistrate Judge Michael S. Berg on 4/25/2019. (jah) |
Filing 116 CORRECTED CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #115 Joint Discovery Plan (Kemp, Erik). Modified on 4/25/2019 - Edited to add "Corrected" (jah). |
Filing 115 Joint MOTION for Extension of Fact Discovery Cutoff by Nationstar Mortgage LLC (Kemp, Erik). Modified on 4/25/2019 - Proof of Service has s/ of staff. QC Email sent to Corrected Proof of Service as separate entry. Wrong event, changed to Motion (jah). |
Filing 114 ORDER Denying #100 Plaintiff's Motion to Supplement the Second Amended Complaint. Signed by Judge Cynthia Bashant on 4/23/2019. (tcf)(jrd) |
Filing 113 ORDER After Discovery Conference. Telephonic Discovery Conference was held on 4/5/4019. Court denies as moot #109 Joint Motion to Continue Deadline to File Motion for Determination of Discovery Dispute. Due to conflict on Court's calendar, Mandatory Settlement Conference set for 6/31/2019 is vacated. Mandatory Settlement Conference set for 5/24/2019 09:30 AM before Magistrate Judge Michael S. Berg. Attorneys-Only Telephonic Status Conference as to Plaintiff's Counsel set for 5/20/2019 09:30 AM before Magistrate Judge Michael S. Berg. Attorneys-Only Telephonic Status Conference as to Defendant's Counsel set for 5/20/2019 10:30 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 4/5/2019. (jah) |
Filing 112 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Discovery Conference held on 4/5/2019. Order to follow. (Plaintiff Attorneys Michael R. Brown; David J. Vendler). (Defendant Attorney Erik Wayne Kemp). (no document attached) (jxb) |
Filing 111 ORDER Setting Telephonic Discovery Conference. Telephonic Discovery Conference set for 3/27/2019 is continued to 4/5/2019 01:00 PM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 3/26/2019. (jah) |
Filing 110 ORDER Setting Telephonic Discovery Conference re #109 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute filed by Nationstar Mortgage LLC. Telephonic Discovery Conference set for 3/27/2019 12:00 PM before Magistrate Judge Michael S. Berg to discuss status of discovery and the unresolved disputes. Signed by Magistrate Judge Michael S. Berg on 3/25/2019. (jah) |
Filing 109 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by Nationstar Mortgage LLC. (Vukovic, Adam). (jah). |
Filing 108 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #107 Declaration, #106 Reply to Response to Motion (Brown, Michael). (jah). |
Filing 107 DECLARATION of Michael R. Brown re #106 Reply to Response to Motion by Plaintiffs Sandra Collins-Pemberton, Michael Pemberton. (Attachments: #1 Exhibit A to Brown declaration)(Brown, Michael). Modified on 1/17/2019 - Edited text (jah). |
Filing 106 REPLY to Response to Motion re #100 MOTION for Leave to File Supplemented Second Amended Complaint filed by Sandra Collins-Pemberton, Michael Pemberton. (Brown, Michael). (jah). |
Filing 105 ORDER granting #103 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute. Deadline for the parties to file a Joint Motion for Determination of Discovery Dispute is extended to 3/21/2019. All other deadlines and dates set in the 10/24/2018 Scheduling Order #90 remain unchanged. Signed by Judge Cynthia Bashant on 1/16/2019. (jah) |
Filing 104 RESPONSE in Opposition re #100 MOTION for Leave to File Supplemented Second Amended Complaint filed by Nationstar Mortgage LLC. (Attachments: #1 Declaration of Erik Kemp, #2 Proof of Service)(Kemp, Erik) .Modified on 1/15/2019 - Removed duplicate attachment description (jah). |
Filing 103 MOTION for Extension of Discovery Dispute Deadlines to Accommodate Pending Motion for Leave to Amend by Nationstar Mortgage LLC. (Attachments: #1 Proposed Order)(Vukovic, Adam). Modified on 1/14/2019 - Proposed Order attached. QC Email sent to email Proposed Order to Chambers. Removed duplicate text (jah). |
Filing 102 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton re Motion for Leave and Declaration of David J. Vendler ECF # 100 and 101 (Brown, Michael) (sjm). |
Filing 101 DECLARATION re #100 MOTION for Leave to File Supplemented Second Amended Complaint of David J. Vendler by Plaintiff Sandra Collins-Pemberton. (Attachments: #1 Exhibit 1-Redlined Supplemented SAC, #2 Exhibit 2-Proposed Supplemented SAC, #3 Exhibit 3-Thea Cross cited deposition pages)(Brown, Michael) Modifi(sjm). |
Filing 100 MOTION for Leave to File Supplemented Second Amended Complaint by Sandra Collins-Pemberton. (Brown, Michael) (sjm). |
Filing 99 ORDER granting in part and denying in part #97 Joint Motion to Extend Amended Pleading and Discovery Dispute Deadlines to Accommodate Further Meet and Confer re #90 Scheduling Order. Court grants the Joint Motion to continue deadline to file Joint Motion for Determination of Discovery Dispute related to the 11/26/2018 deposition of Defendant's designated witness to 1/20/2019. Court denies without prejudice the Joint Motion to continue the deadline to amend the pleadings without prejudice. Signed by Magistrate Judge Michael S. Berg on 12/19/2018. (jah) |
Filing 98 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #97 Joint MOTION for Extension of Time to Amend Pleadings and Discovery Dispute Deadlines re #90 Scheduling Order (Vukovic, Adam). (jah). |
Filing 97 Joint MOTION for Extension of Time to Amend Pleadings and Discovery Dispute Deadlines re #90 Scheduling Order by Nationstar Mortgage LLC. (Attachments: #1 Proposed Order)(Vukovic, Adam). Modified on 12/18/2018 - Proposed Order attached. QC Email sent to email Proposed Order to Chambers per ECF 2.h. Edited text (jah). |
Filing 96 ORDER granting #94 Joint Motion to Continue Deadline for Joining Parties, or Amending or Adding or Adding to the Pleadings. Court continues the deadline to amend the pleadings or to file additional pleadings to 12/30/2018. All other deadlines and dates in the 10/24/2018 Scheduling Order #90 remain as previously set. Signed by Magistrate Judge Michael S. Berg on 11/21/2018. (jah) |
Filing 95 CERTIFICATE OF SERVICE by Michael Pemberton re #94 Joint MOTION to Continue Deadline for Joining Parties, or Amending or Adding to Pleadings (Brown, Michael). Modified on 11/21/2018 - Edited text (jah). |
Filing 94 Joint MOTION to Continue Deadline for Joining Parties or Amending or Adding to Pleadings by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 11/21/2018 - Wrong event, Proposed Order attached. QC Email sent re ECF Proposed Order policy. Corrected motion event and text to match pleading (jah). |
Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 6/7/2018 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/4/2018. Redacted Transcript Deadline set for 12/14/2018. Release of Transcript Restriction set for 2/11/2019. (Transcript filed in case numbers 3:14-cv-01024-BAS-MSB and 3:14-cv-01738-BAS-MSB.) (akr) |
Filing 92 ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 14-cv-01024-BAS-MSB. Signed by Magistrate Judge William V. Gallo on 11/9/2018.(sjm) |
Filing 91 NOTICE of Appearance by Adam Vukovic on behalf of Nationstar Mortgage LLC (Vukovic, Adam). Attorney Adam Vukovic added to party Nationstar Mortgage LLC (pty:dft). (jah). |
Filing 90 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference set for 6/21/2019 at 09:00 AM before Magistrate Judge William V. Gallo. The Proposed Pretrial Order is due by 3/30/2020. The Final Pretrial Conference is set for 4/13/2020 at 11:00 AM before Judge Cynthia Bashant. All motions in limine are due no later than 4/27/2020. All responses to the motions in limine are due no later than 5/11/2020. A hearing for motions in limine is scheduled for 6/1/2020 at 10:30 am. The Jury Trial is set for 6/16/2020 at 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge William V. Gallo on 10/24/2018.(aef) |
Filing 89 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Case Management Conference held on 10/23/2018. Scheduling Order to issue.(no document attached) (ajf) |
Filing 88 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #84 Joint MOTION for Protective Order (Kemp, Erik). (jah). |
Filing 87 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #83 Joint MOTION to Vacate Early Neutral Evaluation Scheduled for October 23, 2018 and Proceed with the Case Management Conference Set for that Date (Kemp, Erik). (jah). |
Filing 86 ORDER granting #84 Joint Motion for Protective Order. Signed by Magistrate Judge William V. Gallo on 10/12/2018. (jah) |
Filing 85 ORDER granting #83 Joint Motion to Vacate Early Neutral Evaluation and Proceed with Case Management Conference. The ENE Conference scheduled for 10/23/2018 is vacated. The Case Management Conference scheduled 10/23/2018 9:00 AM shall remain as set. The Case Management Conference will be convened telephonically, and no personal appearances will be required. Signed by Magistrate Judge William V. Gallo on 10/12/2018. (jah) |
Filing 84 Joint MOTION for Protective Order by Nationstar Mortgage LLC. (Kemp, Erik). Modified on 10/15/2018 - No Proof of Service. QC Email sent to file Proof of Service (jah). |
Filing 83 Joint MOTION to Vacate Early Neutral Evaluation Scheduled for October 23, 2018 and Proceed with the Case Management Conference Set for that Date by Nationstar Mortgage LLC. (Kemp, Erik). Modified on 10/12/2018 - No Proof of Service. QC Email sent to file Proof of Service (jah). |
Filing 82 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference re any pre-ENE issues held on 9/24/2018(no document attached) (ajf) |
Filing 81 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation and Case Management Conference set for 10/23/2018 09:00 AM before Magistrate Judge William V. Gallo. Rule 26(f) conference shall be completed by 9/7/2018. Joint Discovery Plan shall be lodged with Magistrate Judge Gallo by 9/17/2018. Signed by Magistrate Judge William V. Gallo on 8/30/2018. (jah) |
Filing 80 ANSWER to #76 Second Amended Complaint by Nationstar Mortgage LLC. (Attachments: #1 Proof of Service)(Kemp, Erik). (jah). |
Filing 79 ORDER Granting in Part and Denying in Part Joint Motion for Extension of Time (ECF No. #78 ). The Court finds that there is good cause insofar as the parties request an extension of time for Defendant to respond to the SAC. Defendant shall respond to the SAC no later than 8/23/2018. To the extent the parties intended to request that the Court adopt the briefing schedule identified in the motion as part of this order, the Court does not find there is good cause to do so and denies the motion to that extent. Signed by Judge Cynthia Bashant on 8/1/2018. (jdt) |
Filing 78 Joint MOTION for Extension of Time to File Answer re #76 Amended Complaint, by Nationstar Mortgage LLC. (Attachments: #1 Supplement Proposed Order, #2 Proof of Service)(Kemp, Erik). QC Mail - proposed order attached. Sent reminder about ECF Policies and Procedures and to submit proposed order to chambers (jdt). |
Filing 77 REDLINED SECOND AMENDED COMPLAINT with Jury Demand against Nationstar Mortgage LLC, filed by Michael Pemberton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Brown, Michael) . Modified on 7/19/2018 - Edited text (jah). |
Filing 76 SECOND AMENDED COMPLAINT with Jury Demand against Nationstar Mortgage LLC, filed by Michael Pemberton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Brown, Michael). Modified on 7/19/2018 - Removed duplicate text (jah). |
Filing 75 CERTIFICATE OF SERVICE by Michael Pemberton re #74 Notice of Withdrawal of Document (Brown, Michael). (jah). |
Filing 74 NOTICE OF WITHDRAWAL OF DOCUMENT by Michael Pemberton re #71 Amended Document, filed by Michael Pemberton, #72 Amended Document filed by Michael Pemberton. (Brown, Michael). (jah). |
Filing 73 CERTIFICATE OF SERVICE by Michael Pemberton re #72 AMENDED DOCUMENT: Second Amended Complaint and Redlined Copy pursuant to L.R. 15.1 (Brown, Michael). Modified on 7/18/2018 - Added document link and edited text (jah). |
Filing 72 *** WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENT #74 *** AMENDED DOCUMENT: REDLINED Second Amended Complaint Pursuant to L.R. 15.1 by Michael Pemberton. (Brown, Michael). Modified on 7/18/2018 - Edited text (jah). |
Filing 71 *** WITHDRAWN PER NOTICE OF WITHDRAWAL OF DOCUMENT #74 *** AMENDED DOCUMENT: Second Amended Complaint by Michael Pemberton. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Brown, Michael). Modified on 7/18/2018 - Wrong event. QC Email sent to withdraw and refile 2nd Amended Complaint with correct event (jah). Modified on 7/19/2018 - Edited to reflect withdrawn (jah). |
Filing 70 ORDER dismissing in part and sustaining in part First Amended Complaint re #54 Motion for Order to Show Cause. Court dismisses with prejudice the Pemberton's claims for breach of contract (Count 1), breach of the implied covenant of good faith (Count 2), a UCL claims under the unlawful and fraudulent prongs (Count 4), the declaratory judgment request as pleaded (Count 5), and fraud (Count 7). Court dismisses without prejudice the Pembertons' claim for a preliminary and permanent injunction (Count 6). Court sustains the Pembertons' UCL fair prong (Count 4) and negligence claims (Count 8). The Pembertons are granted leave to amend the First Amended Complaint. The Pembertons may file a Second Amended Complaint by 7/23/2018. Failure to file an amended complaint will result in this case proceedings only as to those claims not dismissed by this Order. Signed by Judge Cynthia Bashant on 6/26/2018. (jah) (Main Document 70 replaced on 6/26/2018). Modified on 6/26/2018 - Added updated pdf per Chambers. Regenerated NEF (jah). |
Filing 69 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 6/7/2018 re #54 MOTION for Order to Show Cause filed by Michael Pemberton. Court to issue order.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney David Vendler and Michael Brown). (Defendant Attorney Erik Kemp). (no document attached) (sxm) |
Filing 68 ORDER Setting Oral Argument (ECF No. #66 ). Motion Hearing set for 5/17/2018 is vacated and reset for 6/7/2018 at 10:00 AM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 5/1/2018. (mxn) |
Filing 67 CERTIFICATE OF SERVICE by Michael Pemberton re #66 Joint MOTION to Continue Hearing Date on Motion to Dismiss. (Brown, Michael) (jah). |
Filing 66 Joint MOTION to Continue Hearing Date on Motion to Dismiss by Michael Pemberton. (Brown, Michael). Modified on 5/2/2018 (- Pdf included a Proposed Order. QC Email sent re ECF Proposed Order policy. (jah). |
Filing 65 ORDER Setting Oral Argument as to #54 MOTION for Order to Show Cause. The Court ORDERS the parties to appear for oral argument in Courtroom 4B on 5/17/2018 at 2:00 p.m. before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 4/27/2018.(acc) |
Filing 64 NOTICE of Additional Authorityre #53 Order on Motion to Dismiss/Lack of Jurisdiction filed by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 2/23/2018 - Wrong event. Proof of Service not signed. QC Email sent to file separate Corrected Proof of Service (jah). |
Filing 63 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #60 REPLY - Other re 53 Order on Motion to Dismiss/Lack of Jurisdiction (Vendler, David) Modified to correct document link on 12/22/2017 (rmc). |
Filing 62 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #57 MOTION for Extension of Time to File Response/Reply (Vendler, David) Document link corrected (rmc). |
Filing 61 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #60 Reply - Other (Vendler, David). Modified on 12/21/2017 - Not signed. QC Email sent to file Corrected Proof of Service (jah). |
Filing 60 REPLY - Other re #53 Order on Motion to Dismiss/Lack of Jurisdiction filed by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). (jah). |
Filing 59 ORDER granting #57 Motion for Extension of Time to File Response/Reply re #54 MOTION for Order to Show Cause. Plaintiffs may file reply by 12/26/2017. Signed by Judge Cynthia Bashant on 12/14/2017. (jah) |
Filing 58 CERTIFICATE OF SERVICE re #57 MOTION for Extension of Time to File Response/Reply by Sandra Collins-Pemberton, Michael Pemberton (Vendler, David). Modified on 12/15/2017 - Added document link (jah). |
Filing 57 MOTION for Extension of Time to File Response/Reply re #54 Motion for Order to Show Cause by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 12/14/2017 - Wrong event. No Proof of Service. QC Email sent to file Proof of Service. Corrected event and added to Motion (jah). |
Filing 56 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #55 Reply - Other (Kemp, Erik). (jah). |
Filing 55 REPLY - Other re #53 Order on Motion to Dismiss/Lack of Jurisdiction filed by Nationstar Mortgage LLC. (Kemp, Erik). Modified on 12/12/2017 - Additional text added in all caps. QC Email sent. Corrected text (jah). |
Filing 54 MOTION for Order to Show Cause (Filed as Response) re #53 Order on Motion to Dismiss/Lack of Jurisdiction filed by Michael Pemberton. (Brown, Michael). (jah). Modified on 11/28/2017 - Changed to Motion for OSC per BAS Chambers (jah). |
Filing 53 ORDER: (1) Denying Defendant's #47 Motion to Dismiss for Lack of Jurisdiction; and (2) Declining to Impose Another Stay Under the Primary Jurisdiction Doctrine. Signed by Judge Cynthia Bashant on 10/20/2017. (knb) |
Filing 52 NOTICE of Change of Address by Sandra Collins-Pemberton, Michael Pemberton (Vendler, David) Modified on 7/25/2017 - QC Email: Change of Address event. Updated docket text to reflect correct event. (lrf). |
Filing 51 REPLY to Response to Motion re #47 MOTION to Dismiss for Lack of Subject Jurisdiction filed by Nationstar Mortgage LLC. (Attachments: #1 Request for Judicial Notice, #2 Exhibit RJN Exh A, #3 Proof of Service)(Kemp, Erik) (lrf). |
Filing 50 RESPONSE in Opposition re #47 MOTION to Dismiss for Lack of Subject Jurisdiction filed by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 6/7/2017 - Supporting documents submitted as one large pdf. QC Email sent re ECF attachments policy II.G (jah). |
Filing 49 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #48 Fourth Status Report (Vendler, David). (jah). |
Filing 48 FOURTH STATUS REPORT by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 5/24/2017 - No Proof of Service. QC Email sent to file Proof of Service (jah). |
Filing 47 MOTION to Dismiss for Lack of Subject Jurisdiction by Nationstar Mortgage LLC. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Kemp, Erik). Modified on 5/22/2017 - Removed duplicative text (jah). |
Filing 46 ORDER granting #45 Joint Motion for Extension of Time to Answer re #43 First Amended Complaint. Defendant Nationstar Mortgage LLC must answer to Plaintiffs' First Amended Complaint by 5/22/2017. Signed by Judge Cynthia Bashant on 5/16/2017. (jah) |
Filing 45 Joint MOTION for Extension of Time to File Answer re #43 Amended Complaint by Nationstar Mortgage LLC. (Attachments: #1 Proof of Service)(Kemp, Erik). Modified on 5/15/2017 - Wrong event. QC Email sent. Corrected entry (jah). |
Filing 44 RESPONSE re #39 Response to Order to Show Cause Plaintiffs' Notice of New Authority in Support of Their Response to This Court's Order to Show Cause Re: Standing; Declaration of David J. Vendler filed by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David) (fth). |
Filing 43 FIRST AMENDED COMPLAINT with Jury Demand against Nationstar Mortgage LLC, filed by Michael Pemberton, Sandra Collins-Pemberton. (Vendler, David) |
Filing 42 ORDER DISMISSING CASE. Court dismisses Plaintiffs' Complaint with leave to amend. Plaintiffs are only permitted to amend the complaint to allege standing, and must file the amended complaint by 5/1/2017. Defendant's response to the amended complaint is due by 5/15/2017. Signed by Judge Cynthia Bashant on 4/24/2017. (jah) (sjt). |
Filing 41 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #40 Response to Order to Show Cause (Kemp, Erik). (jah). |
Filing 40 RESPONSE TO ORDER TO SHOW CAUSE by Nationstar Mortgage LLC re #38 Order to Show Cause. (Sullivan, John). Modified on 3/31/2017 - No Proof of Service. QC Email sent to file Proof of Service (jah). |
Filing 39 RESPONSE TO ORDER TO SHOW CAUSE by Sandra Collins-Pemberton, Michael Pemberton re #38 Order to Show Cause. (Vendler, David). (jah). |
Filing 38 ORDER TO SHOW CAUSE RE: Standing. Order to Show Cause Brief due by 3/16/2017. Any reply by Defendant must be filed by 3/30/2017. Signed by Judge Cynthia Bashant on 3/2/2017. (fth) |
Filing 37 ORDER denying #35 Plaintiffs' Motion for Status Conference. Signed by Judge Cynthia Bashant on 1/5/2017. (fth) |
Filing 36 RESPONSE to Plaintiff's Notice to the Court Re IRS Action and #35 MOTION for Status Conference filed by Nationstar Mortgage LLC. (Kemp, Erik). Modified on 12/5/2016 - Wrong event. Corrected (jah). |
Filing 35 NOTICE to the Court Re IRS Action, MOTION for Status Conference by Sandra Collins-Pemberton, Michael Pemberton (Vendler, David). Modified on 11/3/2016 - Wrong event, pdf included Request for Status Conference. QC Email sent. Changed to Motion and corrected text (jah). |
Filing 34 Minute Entry for proceedings held before Judge Cynthia Bashant: Miscellaneous Hearing held on 9/8/2016. Stayed continued.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney David Vendler and Michael Brown). (Defendant Attorney Erik Kemp). (no document attached) (sxm) |
Filing 33 RESPONSE re #30 Status Report filed by Nationstar Mortgage LLC. (Kemp, Erik). (jah). |
Filing 32 ORDER Continuing Hearing. Hearing previously set for 9/1/2016 is continued to 9/8/2016 10:45 AM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 8/22/2016. (jah) |
Filing 31 ORDER Setting Hearing. A hearing is set for 9/1/2016 10:00 AM in Courtroom 4B before Judge Cynthia Bashant. At the hearing, the parties should be prepared to address: (1) Whether the stay should be lifted; and (2) Whether the case should be dismissed for lack of standing. Signed by Judge Cynthia Bashant on 8/12/16.(kas) |
Filing 30 STATUS REPORT Plaintiffs' Second Report to the Court Pursuant to Its 2/4/15 Order by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David) (acc). |
Filing 29 RESPONSE re #27 Response to Plaintiff's First and Supplemental Report to the Court in Strugela v. Flagstar Bank filed by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 2/22/2016 - Edited text (jah). |
Filing 28 CORRECTED CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #27 Response - Other (Kemp, Erik). Modified on 2/18/2016 - Edited to add "Corrected" (jah). |
Filing 27 RESPONSE re #26 Notice of Filing of Status Report in Strugala v. Flagstar Bank filed by Nationstar Mortgage LLC. (Kemp, Erik). Modified on 2/17/2016 - Proof of Service has s/ of staff. QC Email sent to file Corrected Proof of Service (jah). |
Filing 26 NOTICE of Filing of Plaintiff's First Report to the Court in Strugala v. Flagstar Bank by Sandra Collins-Pemberton, Michael Pemberton (Attachments: #1 First Report to Court, #2 Supplement to First Report, #3 Proof of Service)(Vendler, David). Modified on 1/14/2016 - Edited attachment descriptions (jah). |
Filing 25 RESPONSE re #24 Notice of Additional Authority filed by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 9/11/2015 - Edited text (jah). |
Filing 24 NOTICE of Supplemental Authority in Support of Nationstar's Response to Order to Show Cause Why Stay Should Not Be Lifted by Nationstar Mortgage LLC re #21 Response to Order to Show Cause (Attachments: #1 Proof of Service)(Kemp, Erik). Modified on 9/10/2015 - Edited text (jah). |
Filing 23 NOTICE of Appearance by John B Sullivan on behalf of Nationstar Mortgage LLC (Sullivan, John). Attorney John B Sullivan added to party Nationstar Mortgage LLC (pty:dft). Modified on 7/22/2015 - Removed duplicate text (jah). |
Filing 22 NOTICE of Appearance by Mary C. Kamka on behalf of Nationstar Mortgage LLC (Kamka, Mary). Attorney Mary C. Kamka added to party Nationstar Mortgage LLC (pty:dft). Modified on 7/22/2015 - Removed duplicate text (jah). |
Filing 21 RESPONSE TO ORDER TO SHOW CAUSE by Nationstar Mortgage LLC re #20 Order to Show Cause. (Attachments: #1 Proof of Service)(Kemp, Erik). (jah). |
Filing 20 ORDER TO SHOW CAUSE. Defendant ordered to show cause why the stay should not be lifted. Dft may file response by 7/21/2015. Response should not exceed 10 pages. Signed by Judge Cynthia Bashant on 7/7/2015. (jah) |
Filing 19 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #18 Status Report (Vendler, David). Modified on 7/7/2015 - Removed duplicate text (jah). |
Filing 18 STATUS REPORT Pursuant to Court's February 5, 2015 Order Granting in Part Defendant's Motion to Dismiss and Stay by Sandra Collins-Pemberton, Michael Pemberton. (Attachments: #1 Exhibits)(Vendler, David). Modified on 7/6/2015 - No Proof of Service. QC Email sent to file Proof of Service. Edited text (jah). |
Filing 17 ORDER granting on part Defendant's #11 Motion to Dismiss and #11 Motion to Stay. Court dismisses with prejudice Plaintiffs' 3rd cause of action for violation of 26 USC 6050H, dismisses Plaintiffs' 6th and 7th causes of action, refers the question of whether Dft's completion of Plaintiffs' IRS Form 1098 inaccurately tallied the interest paid, and stays the remaining claims pending a determination by Internal Revenue Service. Signed by Judge Cynthia Bashant on 2/4/2015. (jah). Modified on 2/5/2015 - Copy mailed to IRS (jah). |
Filing 16 REPLY to Response to Motion re #11 MOTION to Dismiss MOTION to Stay Action filed by Nationstar Mortgage LLC. (Kemp, Erik). (jah). |
Filing 15 RESPONSE in Opposition re #11 MOTION to Dismiss MOTION to Stay Action filed by Sandra Collins-Pemberton, Michael Pemberton. (Attachments: #1 Declaration of David J. Vendler and Request for Judicial Notice, #2 Proof of Service)(Vendler, David). Modified on 7/14/2014 - Edited text (jah). |
Filing 14 ORDER granting in part #13 Joint Motion for Leave to File Excess Pages. Plaintiffs' opposition shall not exceed 30 pages in length. Dfts' reply shall not exceed 15 pages in length. Signed by Judge Cynthia Bashant on 6/30/2014. (jah) |
Filing 13 Joint MOTION for Leave to File Excess Pages to Plaintiffs' Opposition to Motion to Dismiss the First Amended Complaint and to Defendant's Reply Memorandum by Sandra Collins-Pemberton, Michael Pemberton. (Vendler, David). Modified on 6/30/2014 - Text has double wording. QC Email sent. Corrected text (jah). |
Filing 12 NOTICE of Party With Financial Interest by Nationstar Mortgage LLC (Kemp, Erik) (ag). |
Filing 11 MOTION to Dismiss, MOTION to Stay Action by Nationstar Mortgage LLC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit Index, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Kemp, Erik). Added MOTION to Stay on 6/5/2014 (jah). Modified on 6/5/2014 - Multi part motion, one part filed. Corrected entry (jah). |
Filing 10 CERTIFICATE OF SERVICE by Sandra Collins-Pemberton, Michael Pemberton re #9 Notice of Appearance (Brown, Michael). (jah). |
Filing 9 NOTICE of Appearance by Michael R. Brown on behalf of Sandra Collins-Pemberton, Michael Pemberton (Brown, Michael). Modified on 5/19/2014 - No proof of service. QC Email sent to file proof of service (jah). |
Filing 8 ORDER OF TRANSFER. This case is hereby transferred from the undersigned to United State District Judge Cynthia A. Bashant. The initials BAS shall replace MMA in all future pleadings. Any pending hearing(s) previously set before Judge Anello are hereby VACATED. The parties are instructed to contact Judge Bashants chambers for new a hearing date and to determine whether the current briefing schedule on any pending motions remains in effect. All hearings and conferences calendared before the assigned magistrate judge remain set. The new case number is 14cv1024 BAS (WVG). Signed by Judge Michael M. Anello on 05/16/14.(jcj) |
Filing 7 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC re #5 Joint MOTION for Extension of Time to File Answer re #1 Complaint, (Kemp, Erik). (jah). |
Filing 6 ORDER Granting Joint Motion for Extension of Time to Respond to Complaint #5 . Defendant shall answer, move, or otherwise respond to Plaintiffs' complaint on or before 6/5/2014. Signed by Judge Michael M. Anello on 5/16/2014. (vam) |
Filing 5 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Nationstar Mortgage LLC. (Kemp, Erik)Attorney Erik Wayne Kemp added to party Nationstar Mortgage LLC(pty:dft) (vam). |
Filing 4 SUMMONS Returned Executed by Michael Pemberton, Sandra Collins-Pemberton. Nationstar Mortgage LLC served. (Vendler, David). (jah). |
Filing 3 NOTICE OF RELATED CASE(S) by Sandra Collins-Pemberton, Michael Pemberton of case(s) 12-cv-01718-GPC-BLM. Proposed Low Number Order prepared. (vam) Modified on 4/29/2014-Low number order was rejected by chambers (vam). |
Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg) (cap). |
Filing 1 COMPLAINT with Jury Demand against Nationstar Mortgage LLC ( Filing fee $400 receipt number 0974-6968247), filed by Michael Pemberton, Sandra Collins-Pemberton. (Attachments: #1 Civil Cover Sheet)The new case number is 3:14-cv-1024-MMA-WVG. Judge Michael M. Anello and Magistrate Judge William V. Gallo are assigned to the case. (Vendler, David)(dlg) (cap). |
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