Castro et al v. Executive Trustee Services, LLC, et al

Plaintiff: Elizabeth Gutierrez and Arnoldo Castro
Defendant: Executive Trustee Services, LLC, Mortgage Electronic Registration Systems, Inc. and Washington Mutual
Case Number: 2:2008cv02156
Filed: November 21, 2008
Court: Arizona District Court
Office: Consumer Credit Office
County: Maricopa
Presiding Judge: Lawrence O Anderson
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:1441 Petition for Removal

Available Case Documents

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Date Filed#Document Text
May 26, 2009 44 Opinion or Order of the Court ORDER - IT IS ORDERED that this case is hereby REMANDED to the Maricopa Count Superior Court for further proceedings. With entry of this remand order, this case is terminated from this District Court's docket without prejudice to Plas' claims alleged in their First Amended Complaint. FURTHER ORDERED that the 5/27/09 Rule 16 scheduling conference is hereby VACATED. Signed by Magistrate Judge Lawrence O Anderson on 5/26/09. (SAT)
February 23, 2009 30 Opinion or Order of the Court ORDER granting in part and denying in part 9 Motion to Dismiss Case. All federal claims and the State RICO claim alleged in the Complaint (Counts Two, Three and Four) are hereby DISMISSED with prejudice and without leave to amend. Defendants' request to expunge and vacate the lis pendens is denied without prejudice. Plaintiffs shall file an Amended Complaint limited to a State declaratory judgment action (Count One) as to Defendants ETS and MERS and any claims they may have against the ot her Defendants and Intervenor JP Morgan Chase on or before Monday, March 9, 2009. Plaintiffs' counsel are reminded of their obligations under Rule 11(b)(2), FED.R.CIV.P. The Clerk is hereby directed to dismiss this case with prejudice, vacate th e Notice of Lis Pendens Plaintiffs filed with the Maricopa County Recorder and terminate this case in its entirety if Plaintiffs do not file an Amended Complaint on or before Monday, March 9, 2009. Signed by Magistrate Judge Lawrence O Anderson on 2/23/09.(DMT, )
November 25, 2008 6 Opinion or Order of the Court NOTICE OF ASSIGNMENT AND ORDER that the Dfts Executive Trustee Services, LLC and Mortgage Electronic Registration Systems, Inc., shall file on or before 12/15/08 their written election to either consent to magistrate judge jurisdiction or elect to proceed before a United States district judge. That Plas shall either consent to proceed before a magistrate judge or elect to proceed before a district judge by 12/15/08. Signed by Magistrate Judge Lawrence O Anderson on 11/25/08. (ESL)

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Plaintiff: Elizabeth Gutierrez
Represented By: Veronica Lynn Manolio
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Plaintiff: Arnoldo Castro
Represented By: Merrick Brian Firestone
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Defendant: Executive Trustee Services, LLC
Represented By: Jason Levi Sanders
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Defendant: Mortgage Electronic Registration Systems, Inc.
Represented By: Jason Levi Sanders
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Defendant: Washington Mutual
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