IN RE: Mortgage Electronic Registration Systems (MERS) Litigation
| Abdolhamid Ahmadi, William C Barlow, Lady Jennifer Barone, Amira Berilo, Laurie S Bilyea, Thomas W Bilyea, Russell D Bricker, Sabrina M Caffee, Jose Camacho-Villa, Michelle Camacho-Villa, Stuart M Ellifritz, Michael H Evans, Robert L Fitzgerald, Edward T Fitzwater, Tonya M Foster, David J Freeman, Ronald E Freeto, Robert J Funk, Philip Golding, Eric A Gothan, Jason A Gothan, Rosalynn R Gothan, Terreia L Gothan, Michael Greene, Alan E Grundel, Ana Gutierrez, Rafael Gutierrez, Charlie G Habon, Raymond G Harnist, Alan Kartman, Clyde Kelley, Robert C Kelley, Sally Kelley, Connie Kwok, Juanita Faye Pualani Lee, Richard F Lee, Martha Lopez, Kurt B Ludlow, Mark Mausert, David R McConathy, Eric Mesi, Fred Mesi, Steven Meyer, Bryan Mikulaco, Doug Moreau, Pamela Penny-Rutherford, Annette Green Philpot, Gwendell L Philpot, Jonathan Pierce, Jose Portillo, Kylee Riehm, Rowan Riehm, Merly CS Riger, David Rinehimer, Ugeth Rinehimer, Aunetta M Roach, Cynthia F Roberts, Dustin Rollins, Phil Rutherford, Christina Sage, Duane J Sanchez, Nelson Sandefur, Jr., Andrea G Saniel, Robert C Sedlmayr, Christopher J Sieben, Jonathon E Sieben, Denise Spracklin, J E Scott Spracklin, Milan Stejic, David Stinnett, Tina Stinnett, Melva D Tyler, Steven M Tyler, Michael D Van Blaircom, Maria Vega, Tammy Vo, Merrily Whalen, Herous Yeghiyaian, Henry B Youmans, Jr., Veronika Lucie Zdenkova, David A Barron, Marcella A Barron, Nicole C Beebe, Rick Bell, John S Benson, Thomas Boyd, Dawn Burke, Timothy Burke, Manuel C Castillo, Sr., Gary Coleman, Oscar G Cortez, Randall Dalby, Lacy J Dalton, Kandi Deconti-Dalby, Krisztina Domdovari, Miguel A Dominguez, Dennis Duncan, Cory T Eastwood, Ovidiu Ene, Molly England, Thomas G Filiatreau, Vicki S Filiatreau, Gustavo Garcia, Steven R Gillespie, Aleta Rose Goodwin, Joseph Green, Cynthia Hall, Carleen Harmon, Treva J Hearne, Maria Hernandez, Amanda Holbert, Donald Hora, Elena Hora, Thorne Huck, Maria Huynh, Albert Kahalehoe, Robb C Kelley, Carol A King, Timothy L King, Araceli A Labasan, Percy A Labasan, Marlene Lalatag, Gabriel Larkins, John E Larkins, Margarita Larkins, Pablo E Leon, Jose Lopez, Josefa S Lopez, David A Mahlin, Sandra C Mahlin, Luis Carlos Martinez, Denise A Mendoza, Guillermo A Mendoza, Jr., Jean Merkelbach, Edel Molina, Douglas B Moore, Dale W Peterson, Jeri S Peterson, Jennifer R Quilici, Nancy Quintero-Orozco, Bret E Riggs, Jonathan E Robinson, Sally J Robinson-Burke, Irene E Rodriguez, Jewel Shepard, Raida Shieban, Rosa A Silvas, John Singh, Levi J Smith, Russell L Smith, Shirley Hope Smith, Shane Snyder, Shendale R Stapleton, Steven A Stapleton, Frank Stoffels, Karen Stoffels, Sharon Swickla, Walt Swickla, Alfonso Vargas, Regan Velasquez, Baldomero P Villa, Ederlinda A Villa, Octavio Villalva, Kathryn Yateman, Grant Matthew Youngren, Jaime Zamorano and Nicholas DeBaggis |
| AIG United Guaranty Corporation, Aegis Wholesale Corporation, AmTrust Bank, America's Home Servicing, America's Servicing Company, America's Wholesale Lender, American Brokers Conduit Incorporated, American Home Mortgage, American Home Mortgage Servicing Incorporated, Cammi Amesca, Brigitte Amouroux, Aurora Loan Services LLC, Aztec Foreclosure Corporation, BAC Home Loans, BAC Home Loans Bankruptcy Risk Litigation Management Division, BAC Home Loans Servicing LP, BNC Mortgage Incorporated, Meshelle Baggerman, Bank of America, Bank of America Corporation, Bank of America NA, Bank of New York, Bank of New York Mellon, Bank of New York Trust Company NA, Baytek Mortgage Incorporated, Leslie Beach, Beach Mortgage Incorporated, D Brad Betker, Lane Biglieri, Karen Bittleston, Amy Blazer, Branch Bank & Trust, C-Bass Mortgage Loan Asset Backed Certificates, Series 2005-CB4, CEREF REO II LLC, CR Title Services Incorporated, CTC Real Estate Services, Cal-Western Reconveyance Corporation, California Reconveyance Company, Kim Calwell, Capital Title Company of Nevada, Lewis Carr, Carrington Mortgage Services LLC, Kevin Cavalli, Central Mortgage Company, Chase Home Finance LLC, Chase Mortgage, Chicago Title, Chicago Title Agency of Nevada Incorporated, CitiMortgage Incorporated, Colonial Bank NA, David Comstock, Cooper Castle Law Firm LLP, Jason Cotton, Unknown Cotton, Countrywide Bank FSB, Countrywide Bank NA, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, Countrywide Mortgage Ventures LLC, Credit Suisse First Boston Financial Corporation, DLSA Mortgage Loan Trust 2006-AR1, DSL Service Company, Design Financial, Deutsche Bank, Deutsche Bank AG, Deutsche Bank National Trust Company, Document Processing Solutions, E*Trade Financial, E-Loan Incorporated, EMC Mortgage Corporation, Parker Enloe, Equity One Incorporated, Dodie Erlendson, Executive Trustee Services LLC, FCDB LBPL 2008-1, Danita F Fallen, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Fidelity National Default, Fidelity National Title, Fidelity National Title Insurance Company, First American Default, First American Loanstar Trustee Services, First American Loanstar Trustee Services LLC, First American National Default, First American Title, First American Title Company Of Nevada, First American Title Insurance Company, First American Title Insurance Corporation, First American Title of Northern Nevada, First Centennial Title, First Centennial Title Company of Nevada, First Franklin, First Franklin Financial Corporation, First Franklin Loan Services Incorporated, First Guaranty Financial Corporation, First Horizon Home Loan Corporation, First Horizon Home Loans, First Magnus Financial Corporation, First Magnus Financial/Charter Funding, First National Bank of Nevada, Founders Title Company of Nevada, GE Money Bank, GMAC Mortgage, GMAC Mortgage Group LLC, GMAC Mortgage LLC, GMAC Residential Funding Corporation, GRP Financial Services Corporation, GRP Loan LLC, GSAA Home Equity Trust 2006-16, Cristina Garcia, Gateway Business Bank, Genuine Title, Golden West Savings Association Service Company, Kim Gonzalez, Theresa K Gould, Great Western Home Loans, David Greco, Greenhead Investments Incorporated, Greenpoint Mortgage Funding Incorporated, Greentree, Sharon L Grundel, HSBC Bank USA, HSBC Bank USA NA, HSBC Mortgage Corporation USA, HSBC Mortgage Services Incorporated, Home Capital Funding, Home Equity Mortgage, Homecomings Financial Company LLC, Homecomings Financial Network Incorporated, Hometown Mortgage LLC, Housekey Financial Corporation, I.B. Property Holdings LLC, IndyMac Bank FSB, IndyMac Federal Bank FSB, IndyMac Mortgage Services, JPMorgan Chase, JPMorgan Chase Bank NA, Jennifer Johnson, Karina Johnson, Patricia F Kidd, Lisa Klimenko, LSI Title Agency Incorporated, LSI Title Company, LSI Title Company of Oregon LLC, LaSalle Bank NA, Lake Tahoe Mortgage, Lakeside Lending, Land Home Financial Services, LandAmerica OneStop Incorporated, Landmark Onestop Incorporated, Lehman Brothers Bank FSB, Lenders First Choice, Lending Group Incorporated, Level 3 Lending, Lime Financial Services Limited, Litton Loan Servicing LP, Loancity, Susan Longero, MAX Default Services Corporation, MERSCORP Incorporated, MLSG Incorporated, MTC Financial Incorporated, MTDS Incorporated, Geneva Martrakus, Masters Team Mortgage, Meridian Forclosure Service, Merrill Lynch & Company Incorporated, Lisa Meyers, MidFirst Bank, Midland Mortgage Company, Money First Financial Services Incorporated, Mortgage Electronic Registration Systems Incorporated, Mortgage Lenders Network USA Incorporated, Mortgage Relief Law Center, MortgageIT Incorporated, NDex West LLC, National City Bank, National City Corporation, National City Mortgage, National Default Servicing Corporation, NetBank, Nevada Property Mortgage Incorporated, Pat O'Meara, Ocwen Loan Servicing LLC, Old Republic National Title Insurance Company, OneWest Bank, OneWest Bank FSB, Option One Mortgage Corporation, Ownit Mortgage Solutions Incorporated, PNC Financial Services Group Incorporated, PNC Financial Services Incorporated, Kumud Patel, Karen Pestana, Pinnacle Financial Corporation, Ronda Plamondon, Michael Proctor, Unknown Proctor, Provident Funding Associates LP, Quality Loan Service Corporation, RCDB PL REO LLC, ReconTrust Company, ReconTrust Company NA, Regional Service Corporation, Regional Trustee Service Corporation, Patrick Reno, Residential Funding Company LLC, John Roussel, Michelle Runward, SARM 2007-11, Saxon Mortgage Corporation, Saxon Mortgage Incorporated, Blanca Scott, Security Title Agency Incorporated, Service Link, Shelter Mortgage Company LLC, Sierra Pacific Mortgage Company Incorporated, Sierra Pacific Mortgage Services Incorporated, Signature Group Holdings Incorporated, Velvet Silver, Silver State Financial Services Incorporated, Specialized Loan Servicing LLC, Stewart Title, Stewart Title of Nevada, Stewart Title of Northern Nevada, Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-2, SunTrust Mortgage Incorporated, TD Service Company, Ticor Title Company, Ticor Title of Nevada Incorporated, Ticor Title-Reno, U.S. Bank NA, UTLS Default Services LLC, Village Funding, WMC Mortgage Corporation, Washington Mutual Bank FA, Wells Fargo Bank NA, Wells Fargo Home Equity, Wells Fargo Home Mortgage, Western Exchange Services Corporation, Western Progressive Trustee LLC, Western Title Company Incorporated, Jeanette Williams, Katrina Williams, Sonja Williams, Wilmington Finance Incorporated, Wilmington Trust Company, Wilson Resources Incorporated, Jenny Woodward, World Savings Bank FSB, Lori Wright, Timothy Bartosh, CTX Mortgage Company LLC, John L Matthews, MetLife Bank NA, MetLife Group Incorporated, MetLife Home Loans, William B Naryka, Placer Title Company Incorporated and Pulte Mortgage LLC |
| Federal Housing Finance Agency |
| U.S. Bank National Association |
| 2:2009md02119 |
| December 7, 2009 |
| US District Court for the District of Arizona |
| Other Statutory Actions Office |
| James A Teilborg |
| Other Statutes: Other Statutory Actions |
| 15 U.S.C. § 1601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 2, 2018. A more recent docket listing may be available from PACER.
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| Filing 2103 MANDATE of USCA affirming District Court decision re: 16-16527 as to #2086 Notice of Appeal filed by Nicholas DeBaggis, Laurie S Bilyea, Rosa A Silvas, Jonathan E Robinson, Thomas W Bilyea, Edel Molina, Milan Stejic, Sally J Robinson-Burke. (Copies sent by the Ninth Circuit) (Attachments: #1 Memorandum, #2 NDA)(LSP) |
| Filing 2100 AMENDED TRANSCRIPT REQUEST pursuant to 2099 Notice of Deficiency by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) for proceedings held on 11/17/2015, Judge James A Teilborg hearing judge(s). (Brochin, Robert) |
| Filing 2099 NOTICE TO FILER OF DEFICIENCY re: AO435 #2098 Transcript Request filed by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. Item 17 - TRANSCRIPT REQUESTED: The listed date of proceeding 11/11/2015 is incorrect. The actual date is 11/17/2015. FOLLOW-UP ACTION REQUIRED: Please refile with the corrected date of proceeding in Item 17. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 2098 TRANSCRIPT REQUEST by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) for proceedings held on 11/11/2015, Judge James A Teilborg hearing judge(s). (Brochin, Robert) |
| Filing 2101 NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of MOTION HEARING proceedings held on 11/17/2015, before Judge James A. Teilborg. (Court Reporter: Charlotte A. Powers). Amended to correct hearing date, case caption, and certificate page. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/2/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/12/2017. (RAP) |
| Filing 2097 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 11/11/2015, before Judge James A. Teilborg. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017. (RAP) |
| Filing 2096 TRANSCRIPT REQUEST by Laurie S Bilyea, Thomas W Bilyea, Nicholas DeBaggis, Maria Hernandez, Edel Molina, Jonathan E Robinson, Sally J Robinson-Burke, Rosa A Silvas, Milan Stejic for proceedings held on 11/17/2015, Judge James A Teilborg hearing judge(s). (Edwards, Valerie) |
Filing 2095
ORDER granting #2094 Stipulation. ORDERED that (1) the Consolidated Amended Master Complaint shall be dismissed without prejudice as to Stejic's claims against Quality Loan Service Corporation and with prejudice as to Stejic's claims against Shelter Mortgage Company, LLC, and (2) each party shall bear its own costs and attorneys' fees. FURTHER ORDERED that the Clerk shall enter final judgment in CV 10-1547-PHX-JAT, all remaining parties and claims having been dismissed. FURTHER ORDERED that because CV 10-1547-PHX-JAT was the last remaining open case, MD 09-2119-PHX-JAT may be closed by the Clerk of the Court. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both MD 09-2119 and CV 10-1547; and shall forward a copy to the panel on multi-district litigation. Signed by Senior Judge James A Teilborg on 10/25/16. (CV-10-1547-PHX)(MAP)
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| Filing 2094 STIPULATION of Dismissal by Milan Stejic. (Attachments: #1 Text of Proposed Order)(Edwards, Valerie) |
| Filing 2093 AMENDED TRANSCRIPT REQUEST pursuant to 2092 Notice of Deficiency re: AO435 #2091 Transcript Request filed by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) for proceedings held on July 20, 2016, Judge James A Teilborg hearing judge(s). (Brochin, Robert) |
| Filing 2092 NOTICE TO FILER OF DEFICIENCY re: AO435 #2091 Transcript Request filed by Mortgage Electronic Registration Systems Incorporated. Item 17 - TRANSCRIPT REQUESTED: No date of proceedings specified. Item 18 - ORDER: (CATEGORY) No category box was checked. FOLLOW-UP ACTION REQUIRED: Please refile with date of proceedings in Item 17 and with the appropriate box checked under FIRST COPY. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 2091 TRANSCRIPT REQUEST by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) for proceedings held on 07/20/2016, Judge James A Teilborg hearing judge(s). (Brochin, Robert) |
| Filing 2090 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings for date of 07/20/2016 before Judge James A. Teilborg re: #2086 Notice of Appeal. (Court Reporter: Elva Cruz-Lauer). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2016. Redacted Transcript Deadline set for 11/1/2016. Release of Transcript Restriction set for 12/30/2016. (RAP) |
| Filing 2089 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Joe Ramon Whatley, Jr, counsel for Plaintiffs Annette Green Philpot, Gwendell L Philpot. (Attachments: #1 Exhibit A-Notice of Dismissal)(Whatley, Joe) |
| Filing 2088 TRANSCRIPT REQUEST by Milan Stejic for proceedings held on 07/20/2016, Judge James A Teilborg hearing judge(s). (Edwards, Valerie) |
| Filing 2087 USCA Case Number re: #2086 Notice of Appeal. Case number 16-16527, Ninth Circuit. (copies sent by the Ninth Circuit) (REW) |
| Filing 2086 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #2077 Clerks Judgment, #2078 Order on Motion for Summary Judgment, #2076 Order on Motion for Summary Judgment, #2084 Clerks Judgment, #2079 Clerks Judgment, #2080 Order on Motion for Summary Judgment, #2083 Order on Motion for Summary Judgment, #2081 Clerks Judgment, #2082 Order on Motion for Summary Judgment by Laurie S Bilyea, Thomas W Bilyea, Nicholas DeBaggis, Edel Molina, Jonathan E Robinson, Sally J Robinson-Burke, Rosa A Silvas, Milan Stejic. Filing fee received: $ 505.00, receipt number 0970-13312350. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Nebeker, William) |
| Filing 2085 * NOTICE of Attorney Withdrawal (No Longer With Firm Only) of Kathryn F. Lazarev by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank National Association, Wells Fargo Bank NA. (Attachments: #1 Text of Proposed Order)(Lazarev, Kathryn) * Modified to correct event; attorney noticed on 8/12/2016 (LAD). |
| Filing 2084 CLERK'S JUDGMENT - that pursuant to the Court's Order filed July 29, 2016, which granted Motions for Summary Judgment, Judgment is entered in favor of Defendants MERSCORP Holdings, Inc., Mortgage Electronic Registration Systems, Inc., and Central Mortgage Company and against Bilyea Plaintiffs. Plaintiffs to take nothing and the complaint and action are dismissed. (CV-10-1550-PHX) (MAP) |
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Filing 2083
ORDER That MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Bilyeas (Doc. #1987 ) is granted. FURTHER ORDERED that Central Mortgage Company's motion for summary judgment (Doc. #2049 is granted. FINALLY ORDERED that the Clerk of the Court shall enter judgment in favor of these Defendants and against the Bilyeas accordingly. The Clerk of the Court shall close CV-10-1550-PHX-JAT as a result of this Order. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/29/16.(MAP)
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Filing 2082
ORDER that MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Mr. Stejic (Doc. #1983 is granted. FURTHER ORDERED that the stipulation to dismiss Aurora Loan Services, LLC, (Doc. #2072 ) is granted. Aurora Loan Services, LLC, is dismissed, with prejudice, with each party to bear its own fees and costs. FURTHER ORDERED that the Clerk of the Court shall not enter judgment at this time. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/27/16. (CV-10-1547-PHX)(MAP)
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| Filing 2081 CLERK'S JUDGMENT - that pursuant to the Courts Order filed July 27, 2016, which granted the Motion for Summary Judgment, Judgment is entered in favor of Defendants MERSCORP Holdings, Inc. and Mortgage Electronic Registration Systems, Inc. and against the Molina/Hernandez Plaintiffs. Plaintiffs take nothing, and the complaint and action are dismissed. (CV-10-1548-PHX) (MAP) |
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Filing 2080
ORDER that MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Molina/Hernandez Plaintiffs (Doc. #1981 ) is granted. FURTHER ORDERED that the Clerk of the Court shall enter judgment in favor of these Defendants and against these Plaintiffs, accordingly. The Clerk of the Court shall close CV-10-1548-PHX-JAT as a result of this Order. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/27/16. (CV-10-1548)(MAP)
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| Filing 2079 CLERK'S JUDGMENT - that pursuant to the Court's Order filed July 25, 2016, which granted Motions for Summary Judgment, Judgment is entered in favor of Defendants MERSCORP Holdings, Inc., Mortgage Electronic Registration Systems, Inc., Wells Fargo, U.S. Bank, Bank of America N.A., Bank of New York Mellon and RenconTrust and against Plaintiffs Robinson and Silvas. Plaintiffs to take nothing, and complaint and action are dismissed. (CV-10-630-PHX)(MAP) |
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Filing 2078
ORDER granting #1979 MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc.'s motion for summary judgment against the Robinsons and Silvas. FURTHER ORDERED granting #1923 Wells Fargo's and U.S. Bank's motion for summary judgment against the Robinson Plaintiffs. FURTHER ORDERED granting #1921 that Bank of America N.A's, Bank of New York Mellon's and ReconTrust's motion for summary judgment against Silvas. FURTHER ORDERED that the Clerk of the Court shall enter judgment in favor of these 7 Defendants and against these 3 Plaintiffs, accordingly. The Clerk of the Court shall close CV 10-630-PHX-JAT as a result of this Order. The Clerk of the Court shall file a copy of this Order in both the MD case number, and the member case number listed. Signed by Senior Judge James A Teilborg on 7/25/16. (CV-10-630-PHX) (MAP)
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| Filing 2077 CLERK'S JUDGMENT - That Pursuant to the Order entered on July 21, 2016, that there is no just reason to delay entry of final judgment pursuant to Federal Rule of Civil Procedure 54(b). Final Judgment is entered in favor of the MERS Defendants and against Plaintiff Nicholas DeBaggis. (MAP) |
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Filing 2076
ORDER That Defendants' Motion to Dismiss (Doc. #1985 at 2, n.1) is GRANTED. Plaintiff Nicholas DeBaggiss claims against Defendants are DISMISSED without prejudice. FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. #1985 ) is DENIED as moot. FURTHER ORDERED That, there being no just reason for delay, the Clerk of the Court shall enter judgment in favor of the MERS' Defendants and against Plaintiff Nicholas DeBaggis. Signed by Senior Judge James A Teilborg on 7/21/16. (MAP)
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| Filing 2075 MINUTE ENTRY for proceedings held before Senior Judge James A Teilborg: Motion Hearing and oral argument held on the following motions: #1921 Motion for Summary Judgment (Re CV-10-630-PHX); #1923 Motion for Summary Judgment Re (CV-10-630-PHX); #1979 Motion for Summary Judgment (Re CV-10-00630-PHX); [1981} Motion for Summary Judgment (1CV-10-1548-PHX); #1983 Motion for Summary Judgment (CV-10-1547-PHX); #1985 Motion for Summary Judgment (This document does not relate to any member case); #1987 Motion for Summary Judgment (Re CV-10-1550-PHX); #2019 Motion for Summary Judgment (Re CV-10-1550-PHX). ORDERED taking all matters under advisement. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:34 AM to 10:49 AM. (MAP) |
| Filing 2074 Corporate Disclosure Statement by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), MERSCORP Inc. n/k/a MERSCORP Holdings, Inc. identifying Corporate Parent Maroon Holding, LLC for MERSCORP Inc. n/k/a MERSCORP Holdings, Inc.; Corporate Parent MERSCORP Holdings, Inc. for Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 2073 NOTICE of Appearance by Kevin Patrick Nelson on behalf of Central Mortgage Company. (Nelson, Kevin) |
| Filing 2072 STIPULATION of Dismissal of Aurora Loan Services, LLC by Milan Stejic. (Edwards, Valerie) |
| Filing 2071 Corporate Disclosure Statement by Wells Fargo Bank NA. (Stutman, Erica) |
| Filing 2070 MINUTE ORDER: IT IS ORDERED setting oral argument on Defendant Central Mortgage Companies' motion for summary judgment (Doc. #2049 in MD 09-2119/Doc. 65 in CV 10-1550) for Wednesday, July 20, 2016 at 9:30 a.m. in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A Teilborg. To assist the Court Reporter, all parties must bring a table of authorities (in alphabetical order) listing all authorities on which the party will rely at oral argument. For each of the motions set for argument, all Defendants to any one particular motion will be given 10 minutes total to argue the motion. Thus, those 10 minutes must be divided (however Defendants determine) among counsel for all Defendants to that motion and between opening comments and rebuttal comments. Plaintiffs will be given 80 minutes, total, to respond to all eight motions; to be allocated however Plaintiffs deem best. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAL) |
| Filing 2069 REPLY to Response to Motion re: #2049 MOTION for Summary Judgment Defendant Central Mortgage Company's Motion for Summary Judgment Defendant Central Mortgage Company's Reply in Support of Its Motion for Summary Judgment filed by Central Mortgage Company. (Attachments: #1 Exhibit)(Nelson, Kevin) |
| Filing 2068 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Laura Elizabeth Sixkiller, counsel for Defendant MortgageIT Incorporated. (Sixkiller, Laura) |
| Filing 2067 STATEMENT OF FACTS re: #2066 Response to Motion for Summary Judgment by Plaintiff Thomas W Bilyea. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Edwards, Valerie) |
| Filing 2066 RESPONSE to Motion re: #2049 MOTION for Summary Judgment Defendant Central Mortgage Company's Motion for Summary Judgment filed by Thomas W Bilyea. (Edwards, Valerie) |
| Filing 2065 RESPONSE BRIEF by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA to [2059, Ex. 2] Plaintiffs' Supplemental Brief in Compliance with Doc. 2056. (Yenouskas, Joseph) |
| Filing 2064 RESPONSE BRIEF by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) to Plaintiffs' Supplemental Brief in Compliance with Doc. 2056 (ECF No. 2059, Ex. 2). (Stutman, Erica) |
| Filing 2063 RESPONSE BRIEF by U.S. Bank NA, Wells Fargo Bank NA to the Court's May 2, 2016 Order for Additional Briefing. (Yenouskas, Joseph) |
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Filing 2062
ORDER granting #2059 Motion for Extension of Supplemental Briefing Deadline. Plaintiffs' Supplemental Brief attached as Exhibit 2 to the Motion is deemed timely filed. Any Defendant may each respond, in a brief not to exceed five pages, by May 5, 2016. FURTHER ORDERED that by May 4, 2016, Defendant U.S. Bank (as Trustee) and Wells Fargo shall file a brief not to exceed one page that answers the question of whether MERS is their agent under Arizona law for purposes of the Robinsons' loan. Signed by Senior Judge James A Teilborg on 5/2/16. (CV-10-630)(MAP)
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| Filing 2061 *RESPONSE re: #2055 Order For Supplemental Briefing by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Stutman, Erica) *Modified to correct document number on 5/2/2016 (EJA). |
| Filing 2060 RESPONSE BRIEF by Jonathan E Robinson, Sally J Robinson-Burke . (Edwards, Valerie) |
| Filing 2059 First MOTION for Extension of Time to File Supplemental Brief by Jonathan E Robinson, Sally J Robinson-Burke. (Attachments: #1 Text of Proposed Order)(Edwards, Valerie) |
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Filing 2058
ORDER That the Clerk of Court shall, without further notice, DISMISS Member Case, CV-11-8085-PCT, on May 27, 2016, with prejudice, and shall enter judgment accordingly, unless prior thereto a party files a request for reinstatement on the Court's trial calendar. FURTHER ORDERED that all deadlines (in this member case only) are vacated. FINALLY ORDERED that the Clerk of the Court shall file a copy of this Order in MD 09-2119-PHX-JAT and the case number above. Signed by Senior Judge James A Teilborg on 4/27/16. (CV-11-8085-PCT) (MAP)
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| Filing 2057 RESPONSE re: #2055 Order re Supplemental Briefing by Defendants U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
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Filing 2056
ORDER re Supplemental Briefing - IT IS ORDERED that the Robinson and Silvas Plaintiffs shall file a supplemental brief on the issues discussed above not to exceed five pages by April 25, 2016. Any Defendant may each respond, in a brief not to exceed five pages, by April 29, 2016. IT IS FURTHER ORDERED that the Clerk of the Court must file a copy of this Order in both the MDL case number and the one member case listed above. (See document for further details). Signed by Senior Judge James A Teilborg on 4/20/16. (LAD)
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Filing 2055
ORDER RE SUPPLEMENTAL BRIEFING That U.S. Bank (as Trustee of the Trust which holds the Robinsons' loan) and Wells Fargo (whose exact relationship to this transaction has yet to be identified by either party, but who joined U.S. Bank's motion) shall file a supplemental brief on the issues discussed above not to exceed five pages by April 25, 2016. Plaintiffs and/or the MERS defendants may each respond, in a brief not to exceed five pages by April 29, 2016. FURTHER ORDERED that the Clerk of the Court must file a copy of this Order in both the MDL case number and the one member case listed above. Signed by Senior Judge James A Teilborg on 4/20/16. (CV-10-630) (MAP)
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| Filing 2054 Joinder re: #2053 Response by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Stutman, Erica) |
| Filing 2053 RESPONSE re: #2048 Notice (Other) by Defendants Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
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Filing 2052
ORDER that the joint statement regarding jurisdiction is due by April 26, 2016. FURTHER ORDERED that the joint notice regarding trial is due by April 28, 2016. FINALLY ORDERED that the Clerk of the Court shall file a copy of this Order in both the MDL case number and the member case number. Signed by Senior Judge James A Teilborg on 4/12/16. (CV-11-8085-PCT)(MAP)
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| Filing 2051 Joinder re: #1987 MOTION for Summary Judgment (re Bilyea v. DSL Service Co.) by Defendant Central Mortgage Company. (Nelson, Kevin) |
| Filing 2050 STATEMENT OF FACTS re: #2049 MOTION for Summary Judgment Defendant Central Mortgage Company's Motion for Summary Judgment Statement of Facts in Support of Defendant Central Mortgage Company's Motion for Summary Judgment (Oral Argument Requested) by Defendant Central Mortgage Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Nelson, Kevin) |
| Filing 2049 MOTION for Summary Judgment Defendant Central Mortgage Company's Motion for Summary Judgment by Central Mortgage Company. (Nelson, Kevin) |
| Filing 2048 NOTICE re: Notice of Compliance with Order Regarding Supplemental Brief on Jurisdiction by Laurie S Bilyea, Thomas W Bilyea, Nicholas DeBaggis, Jonathan E Robinson, Sally J Robinson-Burke, Rosa A Silvas . (Edwards, Valerie) |
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Filing 2047
ORDER of USCA denying the petition for permission to appeal the MDL Court's order denying class action certification, re: 16-80001. (Copies sent by the Ninth Circuit) (ATD)
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Filing 2046
ORDER That Plaintiffs shall file another supplemental brief on jurisdiction by April 4, 2016. Defendants shall respond by April 15, 2016. FURTHER ORDERED Setting oral argument on all seven pending motions for summary judgment (Docs. #1921 , #1923 , #1979 , #1981 , #1983 , #1985 , and #1987 ) for 7/20/2016 at 09:30AM before Senior Judge James A Teilborg. Signed by Senior Judge James A Teilborg on 3/23/16. (CV-10-630; CV-10-1547; CV-10-1548; CV-10-1550) (MAP)
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Filing 2045
ORDER denying without prejudice #2006 Motion to Stay as to Plaintiffs again seeking a stay if the Ninth Circuit Court of Appeals grants the Petition for Leave to Appeal. FURTHER ORDERED that Plaintiffs shall file a copy of the Ninth Circuit's Order on the Petition for Leave to Appeal within 5 days of receiving it. Signed by Senior Judge James A Teilborg on 3/21/16. (CV-10-630, CV-10-1547, CV-10-1548, CV-10-1550)(MAP)
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| Filing 2044 REPLY to Response to Motion re: #1985 MOTION for Summary Judgment (re DeBaggis) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 2043 REPLY to Response to Motion re: #1987 MOTION for Summary Judgment (re Bilyea v. DSL Service Co.) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 2042 REPLY to Response to Motion re: #1983 MOTION for Summary Judgment (re Stejic v. Aurora Loan Services, LLC) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 2041 REPLY to Response to Motion re: #1981 MOTION for Summary Judgment (re Molina v. GMAC Mortgage, LLC) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 2040 REPLY to Response to Motion re: #1979 MOTION for Summary Judgment (re Robinson, et al. v. GE Money Bank) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 2039 NOTICE re: Non-Filing of Reply re: (DeBaggis) as to #1926 MOTION for Summary Judgment by U.S. Bank NA . (Yenouskas, Joseph) |
| Filing 2038 *RESPONSE re: #2010 Statement of Facts, #1925 Statement of Facts (Reply Statement of Facts in Support of Motion for Summary Judgment on Count I of the CAC as to Jonathan Robinson and Sally Robinson-Burke and Defendants' Response to the Robinsons' Separate Statement of Facts) by Defendants U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) *Modified to correct event type on 2/22/2016 (EJA). |
| Filing 2037 REPLY to Response to Motion re: #1923 MOTION for Summary Judgment and Memorandum in Support filed by U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
| Filing 2036 *RESPONSE re: #1922 Statement of Facts, #2022 Statement of Facts (Reply Statement of Facts in Support of Motion for Summary Judgment on Count I of the CAC as to Rosa A. Silvas and Defendants' Response to Silvas's Separate Statement of Facts) by Defendants Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Attachments: #1 Exhibit 1 - to SOF)(Yenouskas, Joseph) *Modified to correct event on 2/22/2016 (EJA). |
| Filing 2035 REPLY to Response to Motion re: #1921 MOTION for Summary Judgment and Memorandum in Support filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Attachments: #1 Exhibit A - to Reply)(Yenouskas, Joseph) |
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Filing 2034
ORDER granting #2033 Stipulation for Defendants MERSCORP, Inc. n/k/a MERSCORP Holdings, Inc.'s and Mortgage Electronic Registration Systems, Inc. (collectively, the "MERS Defendants") to file Replies in Support of Their Motions for Summary Judgment and Statements of Fact. ORDERED that the MERS Defendants may have up to and including Monday, February 29, 2016, to file replies in support of the following: See Order for Full Details. Signed by Senior Judge James A Teilborg on 2/16/16. (CV-10-630-PHX; CV-10-1550-PHX; CV-10-1548-PHX and CV-10-1547-PHX).(MAP)
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| Filing 2033 STIPULATION re: #1987 MOTION for Summary Judgment (re Bilyea v. DSL Service Co.), #1986 Statement of Facts, #1979 MOTION for Summary Judgment (re Robinson, et al. v. GE Money Bank), #1984 Statement of Facts, #1988 Statement of Facts, #1983 MOTION for Summary Judgment (re Stejic v. Aurora Loan Services, LLC), #1982 Statement of Facts, #1985 MOTION for Summary Judgment (re DeBaggis), #1980 Statement of Facts (for Extension to File Relies in Support) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: #1 Text of Proposed Order)(Stutman, Erica) |
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Filing 2032
ORDER granting #2031 Motion to Extend Filing Deadline for Plaintiffs to file their Reply in Support of Motion to Stay to the extent that the Reply received on February 9, 2016 is deemed to be timely. Signed by Senior Judge James A Teilborg on 2/12/16. (CV-10-630; 10-1550; 10-1547; 10-1548)(MAP)
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| Filing 2031 First MOTION for Extension of Time to File Reply to Defendant's Response to Plaintiff's Motion to Stay by Jonathan E Robinson, Sally J Robinson-Burke. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Edwards, Valerie) |
| Filing 2030 *REPLY to Response to Motion re: #2006 First MOTION to Stay re: #2005 Order on Motion to Certify Class, Order on Motion for Leave to File filed by Jonathan E Robinson, Sally J Robinson-Burke, Rosa A Silvas, Nicholas DeBaggis, Laurie S Bilyea, Thomas W Bilyea, Maria Hernandez, Edel Molina. (Edwards, Valerie) *Modified to add all appropriate filers on 2/10/2016 (ATD). |
| Filing 2029 NOTICE of Errata re: #2016 Response to Motion for Summary Judgment by Plaintiff Milan Stejic. (Edwards, Valerie) |
| Filing 2028 NOTICE of Errata re: #2013 Response to Motion for Summary Judgment by Plaintiff Thomas W Bilyea. (Edwards, Valerie) |
| Filing 2027 NOTICE of Errata re: #2012 Statement of Facts by Plaintiff Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 2026 NOTICE of Errata re: #2011 Response to Motion for Summary Judgment by Plaintiff Sally J Robinson-Burke. (Edwards, Valerie) |
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Filing 2025
ORDER That the unopposed motion for extension of time (Doc. #2024 in MDL 09-2119) is granted such that the response (Doc. #2021 ) and statement of facts (Doc. #2022 ) are deemed to be timely. FURTHER ORDERED that by February 8, 2016, Plaintiffs shall file their responses and statements of fact in their respective member cases, properly linking them to the motions pending in those member cases. (This duplicate filing by Plaintiff does not extend Defendants' reply times.) Signed by Senior Judge James A Teilborg on 2/4/16. (CV-10-630-PHX)(MAP)
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| Filing 2024 MOTION for Extension of Time to File Silvas Response to MSJ by Rosa A Silvas. (Attachments: #1 Exhibit 1 and 2, #2 Text of Proposed Order Proposed Order)(Edwards, Valerie) |
| Filing 2023 STATEMENT OF FACTS in relation to documents 2010, 2012, 2015, 2017, 2020 and 2022, by Plaintiff Sally J Robinson-Burke, Jonathan Robinson, Rosa Silvas, Nicholas DeBaggis, Thomas W Bilyea, Laurie S Bilyea . (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-9, #3 Exhibit 10-11, #4 Exhibit 12-22, #5 Exhibit 23-25, #6 Exhibit 26-8, #7 Exhibit 29-32, #8 Exhibit 33-37)(Edwards, Valerie) *Modified to add filers on 2/3/2016 (ATD). |
| Filing 2022 STATEMENT OF FACTS by Plaintiff Rosa A Silvas, Sally J Robinson-Burke, Nicholas DeBaggis, Thomas W Bilyea. (Edwards, Valerie) *Modified to add filers on 2/3/2016 (ATD). |
| Filing 2021 RESPONSE to Motion re: #1921 MOTION for Summary Judgment and Memorandum in Support filed by Rosa A Silvas, Sally J Robinson-Burke, Nicholas DeBaggis, Thomas W Bilyea. (Edwards, Valerie) *Modified to add filers on 2/3/2016 (ATD). |
| Filing 2020 NOTICE of Errata re: #2014 Statement of Facts as to Plaintiff's Controverting and Separate Statement of Facts as to DeBaggis by Plaintiff Nicholas DeBaggis. (Attachments: #1 Exhibit 1)(Edwards, Valerie) *Modified to add document linkage on 2/3/2016 (ATD). |
| Filing 2019 *WITHDRAWAL OF DOCUMENT re: #2014 Statement of Facts by Plaintiff Nicholas DeBaggis. (Edwards, Valerie) *Modified to indicate attached PDF is a duplicate of Doc. #2014 and Doc. #2015 on 2/3/2016 (ATD). |
| Filing 2018 STATEMENT OF FACTS Consolidated Exhibits by Plaintiff Thomas W Bilyea, Laurie S Bilyea, Nicholas DeBaggis, Sally J Robinson-Burke, Jonathan E Robinson, Rosa A Silvas. (Edwards, Valerie) *Modified to add filers on 2/2/2016 (ATD). |
| Filing 2017 STATEMENT OF FACTS by Plaintiff Maria Hernandez, Milan Stejic. (Edwards, Valerie) *Modified to add filer on 2/2/2016 (ATD). |
| Filing 2016 RESPONSE to Motion re: #1981 MOTION for Summary Judgment (re Molina v. GMAC Mortgage, LLC), #1983 MOTION for Summary Judgment (re Stejic v. Aurora Loan Services, LLC) filed by Maria Hernandez, Milan Stejic. (Edwards, Valerie) *Modified to add filer on 2/2/2016 (ATD). |
| Filing 2015 *STATEMENT OF FACTS by Plaintiff Thomas W Bilyea, Laurie S Bilyea. (Edwards, Valerie) *Modified to add filer and to indicate PDF is duplicate of (Doc. #2014 ) on 2/2/2016 (ATD). |
| Filing 2014 STATEMENT OF FACTS by Plaintiff Thomas W Bilyea, Laurie S Bilyea. (Edwards, Valerie) *Modified to correct filers on 2/2/2016 (ATD). |
| Filing 2013 RESPONSE to Motion re: #1987 MOTION for Summary Judgment (re Bilyea v. DSL Service Co.), #1985 MOTION for Summary Judgment (re DeBaggis) filed by Thomas W Bilyea, Laurie S Bilyea Nicholas DeBaggis. (Edwards, Valerie) *Modified to add filers on 2/2/2016 (ATD). |
| Filing 2012 STATEMENT OF FACTS in Support of Response to Motion for Summary Judgment by Plaintiff Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 2011 RESPONSE to Motion re: #1979 MOTION for Summary Judgment (re Robinson, et al. v. GE Money Bank) filed by Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 2010 STATEMENT OF FACTS in Support of Response to Motion for Summary Judgment by Plaintiff Sally J Robinson-Burke, Rosa A Silvas, Nicholas DeBaggis, Thomas W Bilyea. (Edwards, Valerie) *Modified to add filers on 2/3/2016 (ATD). |
| Filing 2009 RESPONSE to Motion re: #1923 MOTION for Summary Judgment and Memorandum in Support filed by Sally J Robinson-Burke, Rosa A Silvas, Nicholas DeBaggis, Thomas W Bilyea. (Edwards, Valerie) *Modified to add filers on 2/3/2016 (ATD). |
| Filing 2008 RESPONSE in Opposition re: #2006 First MOTION to Stay re: #2005 Order on Motion to Certify Class, Order on Motion for Leave to File filed by America's Servicing Company, BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
| Filing 2007 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable to Forward. Document number #2005 . (ATD) |
| Filing 2006 First MOTION to Stay re: #2005 Order on Motion to Certify Class, Order on Motion for Leave to File by Sally J Robinson-Burke. (Attachments: #1 Exhibit Petition for Leave to Appeal, #2 Exhibit Proposed form of order)(Edwards, Valerie) |
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Filing 2005
ORDER denying #1913 Plaintiffs Sally Robinson-Burke, Rosa Silvas and Thomas Bilyea's Motion to Certify Class; denying #1914 Plaintiffs Milan Stejic and Maria Hernandez's Motion to Certify Class and denying #1952 Defendant Aurora Loan Services, LLC's Motion for Leave to File Sur-Reply and (Doc. 50) filed in CV-10-1547-PHX-JAT). IT IS FINALLY ORDERED that the Clerk shall file a copy of this Order in all member cases listed. Signed by Senior Judge James A Teilborg on 12/21/15.(LSP)
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| Filing 2004 RESPONSE re: #2001 Supplement Brief regarding Jurisdictional Issues by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Stutman, Erica) |
| Filing 2003 Mail Returned as Undeliverable. Mail sent to Beth Wilson. Reason for return: Not Deliverable as Addressed, Return to Sender. Document number 1997. (LSP) |
| Filing 2002 Mail Returned as Undeliverable. Mail sent to Beth McNamara. Reason for return: not deliverable as addressed, unable to forward. Document number 1994 . (EJA) |
| Filing 2001 *SUPPLEMENT pursuant to #1996 Order regarding Jurisdiction by Plaintiff Sally J Robinson-Burke. (Attachments: #1 Exhibit Exhibit 1 to Supplement, #2 Exhibit Exhibit 2 to Supplement)(Edwards, Valerie) *Modified to add document number on 12/7/2015 (LSP). |
| Filing 2000 Mail Returned as Undeliverable. Mail sent to L Joe Coppedge. Reason for return: not at this address. Document number 1994 . (EJA) |
| Filing 1999 Joinder re: #1984 Statement of Facts, #1983 MOTION for Summary Judgment (re Stejic v. Aurora Loan Services, LLC) by Defendant Quality Loan Service Corporation. (Levine, Paul) |
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Filing 1998
ORDER That the motion for relief under Rule 56(d) #1959 is granted to the limited extent that follows: Plaintiffs will be given until February 1, 2016 to file their responses to all pending motions for summary judgment. FURTHER ORDERED STRIKING the responses (and replies) already filed (Docs. #1960 , #1961 , #1962 , #1963 , #1970 , #1971 , #1972 , #1973 , and #1974 any duplicates of these documents filed in the respective member cases are also deemed striken). The parties will not be permitted to rely on or by reference these sticken documents and instead must file new, complete responses and replies. FURTHER ORDERED that Defendants's motion to file a sur-reply (Doc. #1989 ) is denied as moot, and the lodged sur-reply at Doc. #1990 is striken. That Plaintiffs shall respond to the pending motions for summary judgment (Docs. #1921 , #1923 , #1979 , #1981 , #1983 , #1985 and #1987 ) by February 1, 2016. All replies are due within the time limits set by the Civil Local Rules. Signed by Senior Judge James A Teilborg on 11/18/15.(MAP)
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| Filing 1997 MINUTE ENTRY - for proceedings held before Senior Judge James A Teilborg on 11/17/2015. Motion Hearing held re: #1913 Motion to Certify Class and #1914 Motion to Certify Class. Oral Argument. ORDERED taking the motions under advisement. (Court Reporter Charlotte Powers.) Hearing held 11:00 AM to 11:50 AM.(TLB) |
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Filing 1996
ORDER That Plaintiffs shall file a second supplement regarding jurisdiction by December 4, 2015. Defendant MERS shall file a reply by December 18, 2015. Defendant MERS may not "not oppose" Plaintiffs' supplement, but instead must affirmatively allege jurisdiction either does, or does not, exist as to each member case. Signed by Senior Judge James A Teilborg on 11/17/15. (MAP)
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Filing 1995
ORDER granting #1991 Stipulation such that U.S. Bank National Association's Motion to Intervene (Doc. #1924 ) is deemed withdrawn. Signed by Senior Judge James A Teilborg on 11/16/15. (CV-10-630-PHX;10-1550-PHX) (MAP)
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Filing 1994
ORDER IT IS ORDERED granting #1993 the parties' Request such that each side is advised that they will have 20 minutes (total) for oral argument. Plaintiffs may reserve as much of the 20 minutes as they choose for rebuttal. Defendants' 20 minutes must be divided (however Defendants determine) between all parties opposing class certification. Entered by Senior Judge James A Teilborg on 11/16/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 1993 REQUEST re: Information on Class Cert Hearing by Plaintiff Jonathan E Robinson. (Edwards, Valerie) |
| Filing 1992 * NOTICE re: of Compliance with #1978 Order to Show Cause by Nicholas DeBaggis, Jonathan Robinson, Sally Robinson-Burke, Thomas Bilyea and Laurie Bilyea. (Attachments: #1 Exhibit 1)(Edwards, Valerie) * Modified to add filers and document linkage on 11/13/2015 (LAD). |
| Filing 1991 STIPULATION re: #1924 MOTION to Intervene for the Limited Purpose of Opposing Class Certification as Against It, or In the Alternative, to File an Amicus Opposition (to withdraw) by U.S. Bank National Association. (Attachments: #1 Text of Proposed Order)(Marshall, Gregory) |
| Filing 1990 *STRICKEN By Doc. #1998 *LODGED Proposed Supplemental Opposition to Plaintiffs' Omnibus Motion for Relief under Rule 56(d) by Bank of America, N.A., The Bank of New York Mellon, as Trustee for SAMI II 2006-AR3, Recontrust Company, N.A., Wells Fargo Bank, N.A., and U.S. Bank National Association, Solely in its Capacity as Trustee, sued as Trustee for SASCO Series 2006-GEL3 re: #1989 MOTION for Leave to File Supplemental Opposition to Plaintiffs' Omnibus Motion for Relief Under Rule 56(d) by Bank of America, N.A., The Bank of New York Mellon, as Trustee for SAMI II 2006-AR3, Recontrust Company, N.A., Wells Fargo Bank, N.A., a. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) *Modified on 11/19/2015 (MAP)*. |
| Filing 1989 * MOTION for Leave to File Supplemental Opposition to Plaintiffs' Omnibus Motion for Relief Under Rule 56(d) by Bank of America, N.A., The Bank of New York Mellon, as Trustee for SAMI II 2006-AR3, Recontrust Company, N.A., Wells Fargo Bank, N.A., and U.S. Bank National Association, solely in its Capacity as Trustee, sued as Trustee for SASCO Series 2006-GEL3. (Attachments: #1 Text of Proposed Order)(Yenouskas, Joseph) * Modified to clarify filer text on 11/12/2015 (LAD). |
| Filing 1988 STATEMENT OF FACTS re: #1987 MOTION for Summary Judgment (re Bilyea v. DSL Service Co.) by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Attachments: #1 Exhibit Index, Ex. A - N)(Stutman, Erica) |
| Filing 1987 MOTION for Summary Judgment (re Bilyea v. DSL Service Co.) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 1986 STATEMENT OF FACTS re: #1985 MOTION for Summary Judgment (re DeBaggis) by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Attachments: #1 Exhibit Index, Ex. A - H)(Stutman, Erica) |
| Filing 1985 MOTION for Summary Judgment (re DeBaggis) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 1984 STATEMENT OF FACTS re: #1983 MOTION for Summary Judgment (re Stejic v. Aurora Loan Services, LLC) by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Attachments: #1 Exhibit Index, Ex. A - I)(Stutman, Erica) |
| Filing 1983 MOTION for Summary Judgment (re Stejic v. Aurora Loan Services, LLC) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 1982 STATEMENT OF FACTS re: #1981 MOTION for Summary Judgment (re Molina v. GMAC Mortgage, LLC) by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Attachments: #1 Exhibit Index, Ex. A - F)(Stutman, Erica) |
| Filing 1981 MOTION for Summary Judgment (re Molina v. GMAC Mortgage, LLC) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
| Filing 1980 STATEMENT OF FACTS re: #1979 MOTION for Summary Judgment (re Robinson, et al. v. GE Money Bank) by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Attachments: #1 Exhibit Index, Ex. A - H, #2 Exhibit I - P)(Stutman, Erica) |
| Filing 1979 MOTION for Summary Judgment (re Robinson, et al. v. GE Money Bank) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Stutman, Erica) |
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Filing 1978
ORDER granting #1967 Stipulation. Mr. DeBaggis' claims against U.S. Bank are dismissed, with prejudice. FURTHER ORDERED denying as moot #1926 U.S. Bank's Motion for Summary Judgment FURTHER ORDERED that the Clerk of the Court shall not terminate U.S. Bank from the action. FINALLY ORDERED that, by November 12, 2015, Plaintiff DeBaggis shall show cause why his "case" should not be dismissed (unrelated to any claim he might have as a potential class member in the motions for class certification), because he is not properly before this Court as a named Plaintiff. Signed by Senior Judge James A Teilborg on 11/6/15. (MAP)
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| Filing 1977 REPLY to Response to Motion re: #1959 MOTION Omnibus Motion for Relief Under Rule 56(D) and Memo in Support filed by Sally J Robinson-Burke. (Attachments: #1 Exhibit A)(Edwards, Valerie) |
| Filing 1976 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by William Albert Nebeker. (Nebeker, William) |
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Filing 1975
ORDER (TEXT-ONLY) - ORDERED setting Oral Argument as to #1913 Motion to Certify Class by Sally J. Robinson-Burke and #1914 Motion to Certify Class by Milan Stejic for 11/17/2015 at 11:00 AM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A Teilborg. To assist the court reporter, the parties shall prepare and bring to the oral argument a Table of Authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at oral argument. The Table of Authorities shall not exceed the scope of the parties pleadings. Entered by Senior Judge James A Teilborg on 10/27/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 1974 *STRICKEN By Doc. #1974 *REPLY re: #1922 Statement of Facts by Defendants Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Attachments: #1 Exhibit 1 to SOF)(Yenouskas, Joseph) *Modified on 11/19/2015 (MAP)*. |
| Filing 1973 *STRICKEN By Doc. #1998 *REPLY to Response to Motion re: #1921 MOTION for Summary Judgment and Memorandum in Support filed by ReconTrust Company NA. (Attachments: #1 Exhibit A to Reply)(Yenouskas, Joseph) *Modified on 11/19/2015 (MAP)*. |
| Filing 1972 *STRICKEN By Doc. #1998 *REPLY to Response to Motion re: #1921 MOTION for Summary Judgment and Memorandum in Support filed by Bank of America NA, Bank of New York Mellon. (Attachments: #1 Exhibit A- to Reply)(Yenouskas, Joseph) *Modified on 11/19/2015 (MAP)*. |
| Filing 1971 *STRICKEN By Doc. #1998 *REPLY re: #1925 Statement of Facts by Defendants U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) *Modified on 11/19/2015 (MAP)*. |
| Filing 1970 *STRICKEN By Doc. #1998 *REPLY to Response to Motion re: #1923 MOTION for Summary Judgment and Memorandum in Support filed by U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) *Modified on 11/19/2015 (MAP)*. |
| Filing 1969 NOTICE of Non-Filing of Reply re: (Debaggis) as to #1926 MOTION for Summary Judgment by U.S. Bank NA . (Yenouskas, Joseph) *Modified text on 10/27/2015 (ATD). |
| Filing 1968 RESPONSE in Opposition re: #1959 MOTION Omnibus Motion for Relief Under Rule 56(D) and Memo in Support filed by America's Servicing Company, Bank of America NA, Bank of New York Mellon, ReconTrust Company, U.S. Bank NA, Wells Fargo Bank NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Yenouskas, Joseph) |
| Filing 1967 STIPULATION of Dismissal With Prejudice of U.S. Bank National Association, Soley in its Capacity as Trustee, Inorrectly Sued as Trustee for WFMBS 2007-7 Trust, as to the Claims of Nicholas DeBaggis Only by U.S. Bank NA. (Attachments: #1 Exhibit A - Proposed Order)(Yenouskas, Joseph) |
| Filing 1966 *STATEMENT OF FACTS Exhibits to Statements of Fact by Plaintiff Sally J Robinson-Burke. (Attachments: #1 Exhibit Exhibits 1-7 to Statements of Fact (Docs #1961 , #1963 , #1965 ), #2 Exhibit Exhibits 8-9 to Statements of Fact (Docs #1961 , #1963 , #1965 ), #3 Exhibit Exhibits 10-11 to Statements of Fact (Docs #1961 , #1963 , #1965 ), #4 Exhibit Exhibits 12-22 to Statements of Fact (Docs #1961 , #1963 , #1965 ), #5 Exhibit Exhibits 23-25 to Statements of Fact (Docs #1961 , #1963 , #1965 ))(Edwards, Valerie) *Modified to add document linkage on 10/9/2015 (ATD). |
| Filing 1965 *STATEMENT OF FACTS in Suport of #1964 Response by Plaintiff Nicholas DeBaggis. (Edwards, Valerie) *Modified to add document linkage on 10/9/2015 (ATD). |
| Filing 1964 RESPONSE to Motion re: #1926 MOTION for Summary Judgment and Memorandum in Support filed by Nicholas DeBaggis. (Edwards, Valerie) |
| Filing 1963 *STRICKEN By Doc. #1998 *STATEMENT OF FACTS in Support of #1962 Response by Plaintiff Sally J Robinson-Burke. (Edwards, Valerie) *Modified to add document linkage on 10/9/2015 (ATD). *Modified on 11/19/2015 (MAP)*. |
| Filing 1962 *STICKEN By Doc. #1998 *RESPONSE to Motion re: #1923 MOTION for Summary Judgment and Memorandum in Support filed by Sally J Robinson-Burke. (Edwards, Valerie) *Modified on 11/19/2015 (MAP)*. |
| Filing 1961 *STICKEN By Order #1998 **STATEMENT OF FACTS in Support of #1960 Response to Defendants' Motion for Summary Judgment as to Rosas Silvas by Plaintiff Rosa A Silvas. (Edwards, Valerie) *Modified to add document linkage on 10/9/2015 (ATD). *Modified on 11/19/2015 (MAP)*. |
| Filing 1960 *STICKEN By Doc. #1998 *RESPONSE to Motion re: #1921 MOTION for Summary Judgment and Memorandum in Support filed by Rosa A Silvas. (Edwards, Valerie) *Modified on 11/19/2015 (MAP)*. |
| Filing 1959 MOTION Omnibus Motion for Relief Under Rule 56(D) and Memo in Support by Sally J Robinson-Burke. (Attachments: #1 Exhibit Part 1 of Exhibit 1, #2 Exhibit Part 2 of Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Text of Proposed Order Proposed Order)(Edwards, Valerie) |
| Filing 1958 REPLY to Response to Motion re: #1952 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Class Certification filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1957 RESPONSE in Opposition re: #1952 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Class Certification filed by Milan Stejic. (Edwards, Valerie) |
| Filing 1956 Joinder re: #1918 Response in Opposition to Motion to Certify Class by Defendant Quality Loan Service Corporation. (Levine, Paul) |
| Filing 1955 Mail Returned as Undeliverable. Mail sent to L Joe Coppedge. Reason for return: Not deliverable as addressed. Attempted not known. Document number 1930. (EJA) |
| Filing 1954 Mail Returned as Undeliverable. Mail sent to Beth Wilson. Reason for return: Attempted Not Known, Return to Sender. Document number 1930. (LSP) |
| Filing 1953 LODGED Proposed Sur-Reply re: #1952 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Class Certification. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Aurora Loan Services LLC. (Attachments: #1 Exhibit 1)(Perdew, P) |
| Filing 1952 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Class Certification by Aurora Loan Services LLC. (Attachments: #1 Text of Proposed Order)(Perdew, P) |
| Filing 1951 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Andrew R Louis, counsel for Defendants American Home Mortgage Servicing Incorporated, GE Money Bank. (Louis, Andrew) |
| Filing 1950 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Matthew P Previn, counsel for Defendants American Home Mortgage Servicing Incorporated, GE Money Bank. (Louis, Andrew) |
| Filing 1949 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Cynthia Alexander, counsel for Defendant MERSCORP Incorporated. (Alexander, Cynthia) |
| Filing 1948 REPLY to Response to Motion re: #1914 MOTION to Certify Class filed by Milan Stejic. (Attachments: #1 Exhibit Exhibits 1-3, #2 Exhibit Exhibit 4, #3 Exhibit Exhibit 5)(Edwards, Valerie) |
| Filing 1947 REPLY to Response to Motion re: #1913 MOTION to Certify Class filed by Sally J Robinson-Burke. (Attachments: #1 Exhibit Exhibits 1-3)(Edwards, Valerie) |
| Filing 1946 REPLY to Response to Motion re: #1913 MOTION to Certify Class filed by Sally J Robinson-Burke. (Attachments: #1 Exhibit Exhibits 1-4)(Edwards, Valerie) |
| Filing 1945 NOTICE re: Additional Attachments (Signed Court Reporter Certificates) by U.S. Bank NA re: #1927 Statement of Facts . (Attachments: #1 Exhibit 3 to the Notice, #2 Exhibit 6 to the Notice, #3 Exhibit 7 to the Notice)(Yenouskas, Joseph) |
| Filing 1944 NOTICE re: Additional Attachments (Signed Court Reporter Certificates) by America's Servicing Company, U.S. Bank NA, Wells Fargo Bank NA re: #1925 Statement of Facts . (Attachments: #1 Exhibit 2 to the Notice, #2 Exhibit 6 to the Notice, #3 Exhibit 7 to the Notice, #4 Exhibit 8 to the Notice, #5 Exhibit 9 to the Notice)(Yenouskas, Joseph) |
| Filing 1943 NOTICE re: Additional Attachments (Signed Court Reporter Certificates) by BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company NA re: #1922 Statement of Facts . (Attachments: #1 Exhibit 11 to the Notice)(Yenouskas, Joseph) |
| Filing 1942 NOTICE re: Additional Attachments (Signed Court Reporter Certificates) by America's Servicing Company, BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, U.S. Bank NA, Wells Fargo Bank NA re: #1920 Response in Opposition to Motion . (Attachments: #1 Exhibit 2 to the Notice, #2 Exhibit 8 to the Notice, #3 Exhibit 9 to the Notice)(Yenouskas, Joseph) |
| Filing 1941 REPLY to Response to Motion re: #1913 MOTION to Certify Class filed by Sally J Robinson-Burke. (Attachments: #1 Exhibit 1)(Edwards, Valerie) |
| Filing 1940 REPLY to Response to Motion re: #1914 MOTION to Certify Class filed by Milan Stejic. (Attachments: #1 Exhibit 1 - 3)(Edwards, Valerie) |
| Filing 1939 NOTICE re: (SECOND) Filing of Corrected Exhibit by America's Servicing Company, U.S. Bank NA, Wells Fargo Bank NA re: #1925 Statement of Facts . (Attachments: #1 Corrected Exhibit 10)(Yenouskas, Joseph) |
| Filing 1938 NOTICE re: (SECOND) Filing of Corrected Exhibit by BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company NA re: #1922 Statement of Facts . (Attachments: #1 Corrected Exhibit 10)(Yenouskas, Joseph) |
| Filing 1937 NOTICE re: (SECOND) Filing of Corrected Exhibit by U.S. Bank NA re: #1927 Statement of Facts . (Attachments: #1 Corrected Exhibit 8)(Yenouskas, Joseph) |
| Filing 1936 NOTICE re: Notice of Additional Attachments to Opposition of MERS Defendants to Plaintiffs' Motion for Class Certification by MERSCORP Incorporated(a Virginia corporation) re: #1928 Response in Opposition to Motion . (Attachments: #1 Exhibit Additional attachments)(Stutman, Erica) |
| Filing 1935 NOTICE re: Notice of Additional Attachments by MERSCORP Incorporated(a Virginia corporation) re: #1929 Response in Opposition to Motion . (Attachments: #1 Exhibit)(Stutman, Erica) |
| Filing 1934 NOTICE re: Filing of Corrected Exhibit by U.S. Bank NA re: #1927 Statement of Facts . (Attachments: #1 Corrected Exhibit 8 - Blanco Report)(Yenouskas, Joseph) |
| Filing 1933 NOTICE re: Filing of Corrected Exhibit by America's Servicing Company, U.S. Bank NA, Wells Fargo Bank NA re: #1925 Statement of Facts . (Attachments: #1 Corrected Exhibit 10 - Blanco Report)(Yenouskas, Joseph) |
| Filing 1932 NOTICE re: of Filing of Corrected Exhibit by BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company NA re: #1922 Statement of Facts . (Attachments: #1 Corrected Exhibit 10 - Blanco Report)(Yenouskas, Joseph) |
| Filing 1931 AMENDED ANSWER to #1424 Consolidated Amended Master Complaint Regarding Claims Related To the Formation And Operation Of The MERS System by Central Mortgage Company. (CV-10-1550) (MAP) |
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Filing 1930
ORDER That Central Mortgage Company's unopposed motion for leave to amend answer (Doc. #1868 in MD 09-2119 and Doc. 43 in CV 10-1550) is granted; the Clerk of the Court shall file a copy of this Order and the Amended Answer (lodged at Doc. 44 in CV 10-1550) in both case numbers listed on this order. Signed by Senior Judge James A Teilborg on 9/2/15. (CV-10-1550-PHX) (MAP)
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| Filing 1929 RESPONSE in Opposition re: #1914 MOTION to Certify Class filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: #1 Exhibit Index and A - I)(Stutman, Erica) |
| Filing 1928 RESPONSE in Opposition re: #1913 MOTION to Certify Class filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: #1 Exhibit Index and Exhibits A - F, #2 Exhibit Exhibits G - M)(Stutman, Erica) |
| Filing 1927 STATEMENT OF FACTS re: #1926 MOTION for Summary Judgment and Memorandum in Support by Defendant U.S. Bank NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Yenouskas, Joseph) |
| Filing 1926 MOTION for Summary Judgment and Memorandum in Support by U.S. Bank NA. (Yenouskas, Joseph) |
| Filing 1925 STATEMENT OF FACTS re: #1923 MOTION for Summary Judgment and Memorandum in Support by Defendants America's Servicing Company, U.S. Bank NA, Wells Fargo Bank NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Yenouskas, Joseph) |
| Filing 1924 MOTION to Intervene for the Limited Purpose of Opposing Class Certification as Against It, or In the Alternative, to File an Amicus Opposition by U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Stutman, Erica) |
| Filing 1923 MOTION for Summary Judgment and Memorandum in Support by America's Servicing Company, U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
| Filing 1922 STATEMENT OF FACTS re: #1921 MOTION for Summary Judgment and Memorandum in Support by Defendants BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Yenouskas, Joseph) |
| Filing 1921 MOTION for Summary Judgment and Memorandum in Support by BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Yenouskas, Joseph) |
| Filing 1920 RESPONSE in Opposition re: #1913 MOTION to Certify Class filed by America's Servicing Company, BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, U.S. Bank NA, Wells Fargo Bank NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Yenouskas, Joseph) |
| Filing 1919 RESPONSE in Opposition re: #1913 MOTION to Certify Class Defendant Central Mortgage Company's Opposition to Plaintiffs' Motion for Class Certification filed by Central Mortgage Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Nelson, Kevin) |
| Filing 1918 RESPONSE in Opposition re: #1914 MOTION to Certify Class filed by Aurora Loan Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Perdew, P) |
| Filing 1917 Mail Returned as Undeliverable. Mail sent to L. Joe Coppedge. Reason for return: Return to Sender, Not Deliverable as Addressed, Unable to Forward. Document number 1911. (ACL) |
| Filing 1916 Additional Attachments to Main Document re: #1913 MOTION to Certify Class Proposed Order on Motion for Class Certification by Plaintiffs Laurie S Bilyea, Thomas W Bilyea, Jonathan E Robinson, Sally J Robinson-Burke. (Nebeker, William) |
| Filing 1915 Additional Attachments to Main Document re: #1914 MOTION to Certify Class Proposed Order on Motion for Class Certification by Plaintiffs Maria Hernandez, Edel Molina, Milan Stejic. (Nebeker, William) |
| Filing 1914 MOTION to Certify Class by Milan Stejic. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5a, #3 Exhibit 5b, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9)(Edwards, Valerie) |
| Filing 1913 MOTION to Certify Class by Sally J Robinson-Burke. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9a, #10 Exhibit 9b, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Edwards, Valerie) |
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Filing 1912
ORDER denying #1875 Motion for Reconsideration. The Clerk of Court shall file a copy of this Order in both cases listed on this Order. Signed by Senior Judge James A Teilborg on 8/4/15. (CV-10-1547-PHX-JAT) (MAP)
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Filing 1911
ORDER - IT IS ORDERED that #1905 Motion to Appoint a Magistrate Judge to serve as a discovery master is denied. FURTHER ORDERED that the parties shall bring all discovery disputes to the Court in the manner detailed by the Court at the Rule 16 conferences (which is also set out in the Court's scheduling orders, see, e.g., CV 10-1550, Doc. 29, page 4, lines 17-26). This includes calling the Court during a deposition, if necessary.Entered by Senior Judge James A Teilborg on 8/5/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 1910 NOTICE of Service of Discovery filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1909 REPLY to Response to Motion re: #1905 MOTION to Appoint Magistrate to Serve as Discovery Master filed by Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 1908 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1907 NOTICE of Service of Discovery filed by Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 1906 RESPONSE in Opposition re: #1905 MOTION to Appoint Magistrate to Serve as Discovery Master filed by America's Servicing Company, Aurora Loan Services LLC, Bank of America NA, Bank of New York Mellon, Central Mortgage Company, MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), Quality Loan Service Corporation, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA. (Stutman, Erica) |
| Filing 1905 MOTION to Appoint Magistrate to Serve as Discovery Master by Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 1904 NOTICE of Service of Discovery filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Shely, Robert) |
| Filing 1903 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Carlton, Clay) |
| Filing 1902 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Elliot S Blut, counsel for Defendant IndyMac Mortgage Services. (Blut, Elliot) |
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Filing 1901
ORDER granting #1883 to Update Docket to Reflect Termination from Case by GE Money Bank. Signed by Senior Judge James A Teilborg on 7/14/15. (CV-10-630-PHX)(MAP)
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Filing 1900
ORDER granting #1882 Motion to Update Docket to Reflect Termination from Case by AHMSI Default Services, Inc. and American Home Mortgage Servicing Inc. ORDERED Directing the Clerk of Court to update this case's online docket to reflect AHMSI's termination from the case. Signed by Senior Judge James A Teilborg on 7/14/15. (CV-10-79-PHX; 10-80-PHX; 10-81-PHX; 10-221-PHX) (MAP)
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| Filing 1899 NOTICE of Service of Discovery filed by Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 1898 NOTICE of Service of Discovery filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1897 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1896 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1895 NOTICE of Service of Discovery filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1893 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1892 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1891 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1890 NOTICE of Service of Discovery filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1889 NOTICE of Service of Discovery filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1894 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender - Unable to Forward. Document number #1879 . (ATD) |
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Filing 1888
ORDER granting #1885 WMC's motion, and directing the Clerk of Court to update this case's online docket to reflect WMC's termination from the case. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both cases listed above. Signed by Senior Judge James A Teilborg on 6/30/15. (CV-10-630-PHX)(MAP)
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| Filing 1887 NOTICE of Service of Discovery filed by Jonathan E Robinson, Sally J Robinson-Burke. (Attachments: #1 Exhibit Email Transmittal)(Edwards, Valerie) |
| Filing 1886 NOTICE of Service of Discovery filed by Jonathan E Robinson, Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 1885 MOTION TO REFLECT ITS TERMINATION FROM THIS CASE by WMC Mortgage Corporation. (Attachments: #1 Text of Proposed Order)(Beyers, Maureen) |
| Filing 1884 NOTICE of Service of Discovery filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1883 MOTION to Update Docket to Reflect Termination from Case by GE Money Bank. (Attachments: #1 Text of Proposed Order)(Louis, Andrew) |
| Filing 1882 MOTION to Update Docket to Reflect Termination from Case by AHMSI Default Services, Inc. and by American Home Mortgage Servicing Incorporated. (Attachments: #1 Text of Proposed Order)(Louis, Andrew) |
| Filing 1881 NOTICE of Service of Discovery filed by Milan Stejic. (Edwards, Valerie) |
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Filing 1880
ORDER pursuant to General Order 09-08 granting #1879 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 35, receipt number PHX159752 as to Kathryn F Lazarev. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1879 MOTION for Admission Pro Hac Vice as to attorney Kathryn F Lazarev on behalf of America's Servicing Company, BAC Home Loans Servicing LP, Bank of America, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, and Wells Fargo Bank NA. (BAS) |
| Filing 1878 NOTICE of Service of Discovery filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
| Filing 1877 NOTICE of Service of Discovery filed by Quality Loan Service Corporation. (Levine, Paul) |
| Filing 1876 RESPONSE to Motion re: #1868 MOTION for Leave to File Defendant Central Mortgage Company's Motion for Leave to File Amended Answer (Oral Argument Requested) filed by Thomas W Bilyea. (Edwards, Valerie) |
| Filing 1875 MOTION for Reconsideration re: #1867 Order on Motion for Judgment on the Pleadings by Aurora Loan Services LLC. (Attachments: #1 Text of Proposed Order)(Perdew, P) |
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Filing 1874
ORDER pursuant to General Order 09-08 granting #1873 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 35, receipt number PHX159409 as to Clay Matthew Carlton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1873 EX PARTE MOTION for Admission Pro Hac Vice as to attorney Clay Carlton by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Carlton, Clay) |
| Filing 1872 NOTICE of Service of Discovery filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1871 NOTICE of Service of Discovery filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1870 NOTICE of Service of Discovery filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1869 LODGED Proposed Defendant Central Mortgage Company's Amended Answer to Plaintiff's Consolidated Amended Master Complaint Regarding Claims Related to the Formation and Operation of the MERS System re: #1868 MOTION for Leave to File Defendant Central Mortgage Company's Motion for Leave to File Amended Answer (Oral Argument Requested) . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1868 MOTION for Leave to File Defendant Central Mortgage Company's Motion for Leave to File Amended Answer (Oral Argument Requested) by Central Mortgage Company. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Nelson, Kevin) |
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Filing 1867
ORDER denying #1833 Motion for Judgment on the Pleadings. FURTHER ORDERED that Plaintiff's request for oral argument is denied because the parties have been given multiple opportunities to address the issue of concern to the Court and have repeatedly failed to do so. Thus, the Court finds that oral argument would not aid the Court's decisional process on this topic because the parties will not address it. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both cases listed on this Order. Signed by Senior Judge James A Teilborg on 5/29/15. (CV-10-154-PHX)(MAP)
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Filing 1866
ORDER granting #1863 Motion Extending Discovery Deadline Related to the Motion for Class Certification to 8/14/15. FURTHER ORDERED that all other deadlines are confirmed. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in all cases listed on this Order. Signed by Senior Judge James A Teilborg on 4/29/15. (CV-10-630-PHX; CV-10-1550-PHX; CV-10-1548-PHX; CV-10-1547-PHX)(MAP)
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Filing 1865
ORDER denying #1864 Stipulation for a Global Protective Order. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each of the cases listed on this order. Signed by Senior Judge James A Teilborg on 4/22/15. (CV-10-630-PHX; CV-10-1547-PHX; CV-10-1548-PHX; CV-10-1550-PHX) (MAP)
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| Filing 1864 STIPULATION for Confidentiality and Protective Order by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: #1 Exhibit A - Text of Proposed Order)(Stutman, Erica) |
| Filing 1863 First MOTION for Extension of Time to Complete Discovery (Joint Motion) by Sally J Robinson-Burke. (Attachments: #1 Text of Proposed Order)(Edwards, Valerie) |
| Filing 1862 NOTICE of Service of Discovery filed by Central Mortgage Company. (Nelson, Kevin) |
| Filing 1861 NOTICE of Appearance by Kevin Patrick Nelson on behalf of Central Mortgage Company. (Nelson, Kevin) |
| Filing 1860 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Adam K Bult and Jamie L Thalgott, counsel for Defendant NDex West LLC. (Bult, Adam) |
| Filing 1859 NOTICE of Service of Discovery filed by Aurora Loan Services LLC. (Perdew, P) |
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Filing 1858
ORDER granting #1853 Motion for Extension of Class-Related Deadlines as follows: Extending the deadline for disclosure of expert witnesses related to class issues to include a supplemental expert disclosure deadline of 6/30/15; Extending the Defendants' expert witness disclosure deadline related to class issues to 7/30/15 to include responsive disclosures to any opinions or reports disclosed by 6/30/15; The request to add an expert rebuttal deadline is denied. FURTHER ORDERED that the deadline for the motion for class certification is extended to 8/17/15. There will be NO FURTHER EXTENSIONS of the class certification related deadlines. FURTHER ORDERED that all other deadlines are confirmed. Signed by Senior Judge James A Teilborg on 3/25/15. (CV-10-630-PHX; CV-10-1550-PHX; CV-10-1547-PHX; CV-10-1548-PHX)(MAP)
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| Filing 1855 RESPONSE to Motion re: # 1853 First MOTION for Extension of Time Extension of Deadlines filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA, U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
| Filing 1854 Additional Attachments to Main Document re: # 1853 First MOTION for Extension of Time Extension of Deadlines Proposed Order by Plaintiff Sally J Robinson-Burke. (Edwards, Valerie) |
| Filing 1853 First MOTION for Extension of Time Extension of Deadlines by Sally J Robinson-Burke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Edwards, Valerie) |
| Filing 1852 NOTICE of Service of Discovery filed by Sally J Robinson-Burke. (Attachments: # 1 Exhibit Drop Box information)(Edwards, Valerie) |
| Filing 1851 NOTICE of Service of Discovery filed by U.S. Bank NA. (Marshall, Gregory) |
| Filing 1850 NOTICE of Service of Discovery filed by Wells Fargo Bank NA. (Marshall, Gregory) |
| Filing 1849 NOTICE of Service of Discovery filed by Jonathan E Robinson, Sally J Robinson-Burke, Rosa A Silvas. (Nebeker, William) |
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Filing 1848
ORDER substituting Robert W. Shely and Shayna N. Fernandez of BRYAN CAVE LLP in the place of Douglas C. Erickson of MAYNARD CRONIN ERICKSON CURRAN & REITER, PLC, as counsel of record for Defendants. Signed by Senior Judge James A Teilborg on 2/6/15. (CV-11-8085-PCT-JAT) (MAP)
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Filing 1847
ORDER granting # 1839 Motion to Reflect NDeX Termination from this Case. ORDERED that the Clerk of Court shall update this case's docket to reflect NDeX's termination from the case. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both the MDL case and CV 10-80-PHX-JAT. Signed by Senior Judge James A Teilborg on 2/5/15.(MAP)
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| Filing 1846 NOTICE of Service of Discovery filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1845 NOTICE re: of Service by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) (Notice Of Service Of Responses To Plaintiffs Nonuniform Interrogatories And Request For Production Of Documents) . (Brochin, Robert) |
| Filing 1844 REPLY to Response to Motion re: # 1833 MOTION for Judgment on the Pleadings filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1843 NOTICE of Service of Discovery filed by U.S. Bank NA, Wells Fargo Bank NA. (Marshall, Gregory) |
| Filing 1842 NOTICE of Service of Discovery filed by U.S. Bank NA. (Marshall, Gregory) |
| Filing 1841 NOTICE of Service of Discovery filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Iannelli, Gregory) |
| Filing 1840 RESPONSE to Motion re: # 1833 MOTION for Judgment on the Pleadings filed by Milan Stejic. (Nebeker, William) |
| Filing 1839 MOTION to Reflect NDeX West, LLC's Termination From This Case by NDex West LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Proposed Order)(Bult, Adam) |
| Filing 1838 NOTICE of Service of Discovery filed by U.S. Bank NA, Wells Fargo Bank NA. (Yenouskas, Joseph) |
| Filing 1837 NOTICE of Service of Discovery filed by Bank of America NA, Bank of New York Mellon, ReconTrust Company NA. (Yenouskas, Joseph) |
| Filing 1836 NOTICE re: Service of Initial Disclosures by Aurora Loan Services LLC . (Perdew, P) |
| Filing 1835 NOTICE of Service of Discovery filed by U.S. Bank NA. (Yenouskas, Joseph) |
| Filing 1834 NOTICE re: of Service Re Initial Disclosure Stmt by Jonathan E Robinson, Sally J Robinson-Burke . (Nebeker, William) |
| Filing 1833 MOTION for Judgment on the Pleadings by Aurora Loan Services LLC. (Attachments: # 1 Text of Proposed Order)(Perdew, P) |
| Filing 1832 NOTICE of Errata re: # 1830 Additional Attachments to Main Document Joint Proposed Case Management Plan by Plaintiffs Jonathan E Robinson, Sally J Robinson-Burke.. (Nebeker, William) |
| Filing 1831 Additional Attachments to Main Document re: # 1822 Order, Set Deadlines Jt Proposed Case Mgmt Plan by Plaintiff Jonathan E Robinson. (Nebeker, William) |
| Filing 1830 Additional Attachments to Main Document re: # 1822 Order, Set Deadlines Jt Proposed Case Mgmt Plan by Plaintiffs Jonathan E Robinson, Sally J Robinson-Burke. (Nebeker, William) |
| Filing 1829 AMENDED ANSWER to Plaintiffs' Consolidated Amended Master Complaint # 1424 Amended Complaint by Wells Fargo Bank NA. (Attachments: # 1 Ex. A-I)(Yenouskas, Joseph) |
| Filing 1828 AMENDED ANSWER to Plaintiffs' Consolidated Amended Master Complaint # 1424 Amended Complaint by U.S. Bank NA. (Attachments: # 1 Ex. A-E)(Yenouskas, Joseph) |
| Filing 1827 AMENDED ANSWER to Plaintiffs' Consolidated Amended Master Complaint # 1424 Amended Complaint by ReconTrust Company NA. (Attachments: # 1 Ex. A-B)(Yenouskas, Joseph) |
| Filing 1826 AMENDED ANSWER to Plaintiffs' Consolidated Amended Master Complaint # 1424 Amended Complaint by Bank of New York Mellon. (Attachments: # 1 Ex. A-B)(Yenouskas, Joseph) |
| Filing 1825 AMENDED ANSWER to Plaintiffs' Consolidated Amended Master Complaint # 1424 Amended Complaint by Bank of America NA. (Attachments: # 1 Ex. A-C)(Yenouskas, Joseph) |
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Filing 1824
ORDER granting # 1819 Motion to Reflect its Termination from this Case by Saxon Mortgage Inc. ORDERED Directing the Clerk of Court to update this case's online docket to reflect Saxon Mortgage, Inc.'s termination from the case. Signed by Senior Judge James A Teilborg on 11/19/14. (CV-10-79-PHX-JAT) (MAP)
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Filing 1823
ORDER granting # 1818 Motion to Reflect its Termination from this Case by Old Republic National Title Insurance Company. ORDERED Directing the Clerk of Court to update this case's online docket to reflect Old Republic's termination from the case. Signed by Senior Judge James A Teilborg on 11/19/14. (cv-10-79-PHX-JAT) (MAP)
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Filing 1822
ORDER that if Plaintiffs believe any still remaining Defendant has not answered, Plaintiff shall file a status report by November 20, 2014 advising the Court which remaining Defendant(s) have failed to answer. FURTHER ORDERED as to CV-10-630-PHX-JAT, Defendants U.S. Bank, New York Mellon, Bank of America, Wells Fargo, and Reconstrust Company shall answer by November 20, 2014. If any of these Defendants are not actually Defendants in CV 10-630-PHX-JAT, they shall move to strike the answer filed in MDL 09-2119. All Defendants must file their answer in BOTH MDL 09-2119 and CV 10-630-PHX-JAT. Further MERS shall file its answer currently filed in MDL 09-2119 (Doc. # 1809 ) in the member case (CV 10-630) within this same deadline. FURTHER ORDERED that for CV-10-1547-PHX-JAT (Stejic), CV-10-1548-PHX-JAT (Molina), and CV-10-1550-PHX-JAT (Bilyea) each answering Defendant shall file its answer filed in MDL 09-2119 in the appropriate member case number by November 20, 2014. FURTHER ORDERED that the Clerk of the Court shall file this Order in the MDL case number and each member case listed above. FINALLY ORDERED that the Clerk of the Court shall file a copy of this Order in CV 10-1551-PHX-JAT, and shall send a copy of this Order to the parties in CV-10-1551-PHX-JAT (Rinehimer) in addition to all case numbers listed above. Signed by Senior Judge James A Teilborg on 11/6/14. (CV-10-630-PHX; CV-10-1547-PHX; CV-10-1548-PHX; CV-10-1550-PHX) (MAP)
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Filing 1821
ORDER That the Clerk of the Court shall remove Docs. 287 and 288 from CV-09-227-TUC because they were filed in the wrong case number. Docs. 287 and 288 shall be refiled in CV-10-630-PHX-JAT and CV-10-630-PHX-JAT shall be re-opened. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in CV-09-227 and as a result of this Order close that case because it should not have been re-opened. FURTHER ORDERED that the mandate received today shall be filed in MDL-09-2119 and all member cases listed in this order. Signed by Senior Judge James A Teilborg on 11/4/14. (MAP)
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| Filing 1820 MANDATE of USCA, we dismiss appellants' challenge to the JPML Order for lack of jurisdiction. Except for Count I, we affirm the MDL Court's dismissal of the CAC. As to Count I, we reverse and remand for further proceedings consistent with this opinion. Each side shall bear its own costs on appeal. DISMISSED in part, AFFIRMED in part, REVERSED in part, and REMANDED, re: # 1630 , # 1743 Notices of Appeal. (Attachments: # 1 Opinion, # 2 NDA) (copies sent by the Ninth Circuit)(REW) |
| Filing 1819 MOTION to Reflect its Termination From This Case by Saxon Mortgage Incorporated. (Attachments: # 1 Exhibit A (Proposed Order))(Perdew, P) |
| Filing 1818 MOTION to Reflect its Termination from this Case by Old Republic National Title Insurance Company. (Attachments: # 1 Exhibit A (Proposed Order))(Perdew, P) |
| Filing 1817 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Aaron Michael Waite. (Waite, Aaron) |
| Filing 1816 NOTICE re: Designation of the Contents of the Record to be Remanded by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) . (Brochin, Robert) |
| Filing 1815 NOTICE re: of Filing by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) re: # 1799 Order (Filing of Conditional Remand Order) . (Attachments: # 1 (JPML (MDL NO. 2119) ECF No. 227, CRO effective Sept. 12, 2014))(Brochin, Robert) |
| Filing 1814 ANSWER to # 1424 Amended Complaint by U.S. Bank NA. (Attachments: # 1 Exhibit A-F)(Hefferon, Thomas) |
| Filing 1813 ANSWER to # 1424 Amended Complaint by ReconTrust Company NA. (Attachments: # 1 Exhibit A-B)(Hefferon, Thomas) |
| Filing 1812 ANSWER to Complaint (Answer to Plaintiffs Consolidated Amended Master Complaint Docket Entry No. 1424) by Bank of New York Mellon. (Attachments: # 1 Exhibit A-B)(Hefferon, Thomas) |
| Filing 1811 ANSWER to Complaint (Answer to Plaintiffs Consolidated Amended Master Complaint Docket Entry No. 1424) by Wells Fargo Bank NA. (Attachments: # 1 Exhibit A-H)(Hefferon, Thomas) |
| Filing 1810 ANSWER to Complaint (Answer to Plaintiffs Consolidated Amended Master Complaint Docket Entry No. 1424) by Bank of America NA.(Hefferon, Thomas) |
| Filing 1809 ANSWER to Complaint (Answer and Affirmative Defenses to Plaintiffs' Consolidated Amended Master Complaint) # 1424 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation).(Brochin, Robert) |
| Filing 1808 ANSWER to # 1424 Amended Complaint by Central Mortgage Company.(Cowles, David) |
| Filing 1807 * ANSWER to # 35 Amended Complaint by Quality Loan Service Corporation.(Levine, Paul) * Document not in compliance with LRCiv 7.1(c); attorney noticed on 9/16/2014 (LAD). |
| Filing 1806 ANSWER to Complaint (Consolidated Amended Master Complaint) by Aurora Loan Services LLC.(Perdew, P) |
| Filing 1805 CERTIFIED MDL REMAND ORDER - ORDERED that the action on this conditional remand order be remanded to its/their respective transferor court(s). Case Remanded to N.D. Georgia, Case: 1:10-cv-3831-JOF. (CV-11-27-PHX) (MAP) |
| Filing 1804 NOTICE of Voluntary Dismissal by David Rinehimer, Ugeth Rinehimer. (Nebeker, William) |
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Filing 1803
ORDER that Defendants shall have through and including 9/15/14 to answer or otherwise respond to Count I of the Consolidated Amended Master Complaint. However, Defendants have now sought leave to file another round of motions to dismiss. The Court has reviewed the Mandate and Opinion and does not believe either leaves open the option of this Court entertaining another round of motions to dismiss Count I. Therefore, if Defendants do not answer, they shall specifically address this Court's authority to consider another motion to dismiss under the Rule of Mandate. Accordingly, denying without prejudice # 1802 Motion for Leave to File a Motion to Dismiss. FURTHER ORDERED that the Clerk of the Court shall file this Order in the MDL case number and the five individual cases listed above. FINALLY ORDERED that as a result of the Mandate (Doc. # 1797 ), the Clerk of the Court shall: 1) file a copy of the Mandate in each of the five member cases listed above, and 2) re-open each of those cases. Signed by Senior Judge James A Teilborg on 8/29/14. (CV-09-227-TUC; CV-10-1547-PHX; CV-10-1548-PHX; CV-10-1550-PHX; CV-10-1551-PHX)(MAP)
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| Filing 1802 MOTION for Leave to File Motion to Dismiss and to Extend Page Limits by America's Servicing Company, BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company. (Attachments: # 1 Text of Proposed Order)(Hefferon, Thomas) |
| Filing 1801 NOTICE re: Regarding Cases Remanded By Ninth Circuit Court of Appeals by Sally J Robinson-Burke re: 1798 Order . (Nebeker, William) |
| Filing 1800 STIPULATION Setting Date to Respond to Count One of the Consolidated Amended Master Complaint by America's Servicing Company, BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, ReconTrust Company, U.S. Bank NA, Wells Fargo Bank NA. (Attachments: # 1 Text of Proposed Order)(Hefferon, Thomas) |
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Filing 1799
ORDER That the parties shall file a joint motion to remand with the Panel on Multidistrict Litigation within 10 days of the date of this Order; the parties shall attach a copy of this Order to their joint motion. FURTHER ORDERED that this Order shall serve as this Court's suggestion that remand is appropriate. FURTHER ORDERED that the parties shall file a copy of the Panel's ruling on their motion (with this Court and with the Georgia Court) within 5 days of receiving it. FURTHER ORDERED that the Clerk of the Court shall again send a copy of this Court's Order of May 25, 2012 (Doc. # 28 ) to the United States District Court for the Northern District of Georgia (with a copy of this Order). If the Georgia Court does not file these Orders within 10 days, Plaintiff must file certified copies of these Orders in the United States District Court for the Northern District of Georgia within 20 days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 11-0027-PHX-JAT. FINALLY ORDERED that the scheduling conference set for August 26, 2014 is vacated.. Signed by Senior Judge James A Teilborg on 8/21/14. (CV-11-27-PHX-JAT)(MAP)
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Filing 1798
ORDER (TEXT-ONLY) - IT IS ORDERED that by August 29, 2014, Plaintiffs shall file a notice indicating which cases (listed by both Plaintiff's name and individual District of Arizona case numbers) were remanded by the Court of Appeal in its order of June 12, 2014 in Court of Appeals case No. 11-17615 (mandate at Doc. 1797 in this Court). Entered by Senior Judge James A Teilborg on 8/19/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 1797 *MANDATE of USCA dismissing the appeal against Cal-Western Reconveyance Corporation re: 11-17615 as to # 1630 Notice of Appeal filed by Aleta Rose Goodwin, Jose Lopez, Joseph Green, Lacy J Dalton, Sally J Robinson-Burke. (Copies sent by the Ninth Circuit). (Attachments: # 1 NDA). (LSP) Modified text on 8/15/2014 (LSP). |
| Filing 1795 MANDATE of USCA affirming in part and reversing and remanding in part the decision of the district court re: # 1777 Notice of Appeal filed by Lady Jennifer Barone. (See document for further details). (Attachments: # 1 Memorandum, # 2 NDA)(LAD) (Distributed by the Ninth Circuit) |
| Filing 1793 NOTICE re: of Filing by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) re: # 1790 Order on Stipulation . (Attachments: # 1 JPML Conditional Remand Order)(Brochin, Robert) |
| Filing 1794 MDL REMAND ORDER - The transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial proceedings in the action(s) on this conditional remand order have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. 1407(a), is appropriate. THEREFORE ORDERED that the action(s) on this remand order be remanded to its/their respective transferor court(s). Signed by Jeffrey N. Luthi, Clerk of the Panel. (CV-11-173-PHX) (MAP) |
| Filing 1792 NOTICE re: Designation of the Contents of the Record to be Remaned (to D. Haw. re Lee) by Mortgage Electronic Registration Systems Incorporated . (Brochin, Robert) |
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Filing 1790
ORDER denying without prejudice # 1789 Stipulation to Remand. FURTHER ORDERED that the parties shall file a joint motion to remand with the Panel on Multidistrict Litigation within 10 days of the date of this Order; the parties shall attach a copy of this Order to their joint motion. FURTHER ORDERED that the parties shall file a copy of the Panel's ruling on their motion within 5 days of receiving it. FURTHER ORDERED that the parties may re-file their stipulation with this Court if the panel holds that this Court is the proper Court to consider the stipulation. Any such stipulation is due within 14 days of when the Panel rules on the motion to remand. If the parties re-file the stipulation with this Court, they shall address all of this issues raised above in their stipulation. FINALLY ORDERED that the Rule 16 conference set for March 26, 2014 is vacated to be reset by the Court if necessary. Signed by Senior Judge James A Teilborg on 3/10/14. (CV-11-173-PHX) (MAP)
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| Filing 1789 STIPULATION (Joint) Concerning Remand of Remaining Claim to Transferor Court by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Text of Proposed Order)(Brochin, Robert) |
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Filing 1788
ORDER that this Court finds that that no just reason for delay exists for entry of judgment and certifies that its prior May 25, 2012 Order and corresponding judgment are certified as a final, appealable judgment. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both CV 11-27-PHX-JAT and MDL 09-2119-PHX-JAT. Signed by Senior Judge James A Teilborg on 2/28/14. (CV-11-27-PHX-JAT) (Re: Ninth Circuit, 12-16261) (MAP)
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| Filing 1787 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Megan K Dorsey and Lisa Irene Streu, counsel for Plaintiff Jonathan E Robinson. (Nebeker, William) |
| Filing 1786 NOTICE re: Notice of Filing Proposed Rule 54(b) Order by Dustin Rollins re: # 1785 Order . (Attachments: # 1 Text of Proposed Order Proposed Order)(Ates, John) |
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Filing 1785
ORDER that if either party objects to Rule 54(b) certification, such party shall file an objection within 7 days. If a party objects, the other party may respond to the objection within 14 days of this Order. If neither party objects, Plaintiff shall submit a proposed form of Order granting Rule 54(b) certification within 10 days. Signed by Senior Judge James A Teilborg on 1/10/14. (CV-11-27-PHX-JAT) (MAP)
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| Filing 1784 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender, Unable to Forward. Document number # 1783 . (LAD) |
| Filing 1783 (Partial) MANDATE of USCA, the parties have stipulated to the dismissal of this appeal as to GRP Financial Services Corporation, GRP Loan, LLC, DLJ Mortage Capital Inc., and Select Portfolio Servicing, Inc. only; this appeal is dismissed with prejudice as to the above named parties only, re: 11-17615 # 1630 , # 1743 Notices of Appeal. (Attachments: # 1 NDA)(REW) |
| Filing 1782 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable to Forward. Document number 1781. (BAH) |
| Filing 1781 (Partial) MANDATE of USCA, the parties have stipulated to the dismissal of this appeal as to Litton Loan Servicing and U.S. National Bank, National Association, as Trustee for the C-Bass Mortgage Loan Asset Backed Certificate Series 2006-CBI; this appeal is dismissed with prejudice as to the above named parties only; costs, expenses, and attorneys' fees shall be allocated according to the provisions of the stipulation, re: 11-17615 # 1630 , # 1743 Notices of Appeal. (Attachments: # 1 NDA) (REW) |
| Filing 1780 NOTICE re WITHDRAWAL OF ATTORNEY by Eric Mesi . (Lawton, Rick) |
| Filing 1779 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender/Unable to Forward. Document number 1777 and 1778. (BAH) |
| Filing 1778 Ninth Circuit Case Number 12-16449 for # 1777 Notice of Appeal. (REW) |
| Filing 1777 NOTICE OF APPEAL to 9th Circuit, as to # 1766 Order on Motion to Dismiss, by Lady Jennifer Barone. Filing fee received: $ 455.00, receipt number 0970-6918933. (Attachments: # 1 Exhibit 1 & 2)(Nebeker, William) |
| Filing 1776 Mail Returned as Undeliverable. Mail sent to Beth Mcnamara Wilson. Reason for return: return to sender, unable to forward. Document number 1765, 1769, 1767, 1766, 1771, 1772. (Attachments: # 1 return mail, # 2 return mail, # 3 return mail, # 4 return mail, # 5 return mail)(DMT) |
| Filing 1775 Mail Returned as Undeliverable. Mail sent to Beth Wilson. Reason for return: return to sender, unable to forward. Document number 1761,1762. (DMT) |
| Filing 1774 TRANSCRIPT REQUEST by Lady Jennifer Barone for proceedings held on 5-14-2012 before Judge Teilborg.. (Nebeker, William) |
| Filing 1773 TRANSCRIPT REQUEST by Cal-Western Reconveyance Corporation for proceedings held on 5/14/12 Motion Hearing before Judge James A. Teilborg, (Handley, Laurel) |
| Filing 1772 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on 5/14/2012, before Judge James A. Teilborg. Court Reporter David C. German. 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.. Redaction Request due 6/19/2012. Redacted Transcript Deadline set for 6/29/2012. Release of Transcript Restriction set for 8/27/2012. (VAR) |
| Filing 1770 NOTICE re Filing a Notice of Appeal in Rollins v. MERS, et al. by Dustin Rollins . (Attachments: # 1 Appeal Notice (Rollins' Notice of Appeal))(Ates, John) |
| Filing 1771 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on 5/14/2012, before Judge James A. Teilborg. Court Reporter David C. German. 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.. Redaction Request due 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012. (VAR) |
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Filing 1769
ORDER that Defendant Countrywide Bank, FSB's Motion to Dismiss (MDL 09-2119, Doc. 1616) is granted. IT IS FURTHER ORDERED that Defendant Mortgage Electronic Systems Inc.'s Motion to Dismiss (MDL 09-2119, Doc. 1627) is granted. The Clerk shall enter judgment for Defendants. The Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT andCV 11-00173-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
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Filing 1768
ORDER that Defendant LaSalle Bank, N.A.'s Motion to Dismiss (CV 10- 218, Doc. 49) is granted. IT IS ORDERED that Defendant Washington Mutual, FA is dismissed. The Clerk shall enter judgment for Defendants. The Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-218-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12. (LSP)
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Filing 1767
ORDER that Defendants Mortgage Electronic Registration Systems, Inc, MERSCORP, Inc., Aurora Loan Services, LLC, and Lehman Brothers Banks Motion to Dismiss (MDL 09-2119, Doc. 1626 and CV 10-2569, Doc. 18) and Defendant the Cooper Castle Law Firm's Joinder thereto is granted. Defendants Aurora Loan Services, LLC and Lehman Brothers Bank, FSBs Motion to Quash Lis Pendens (MDL 09-2119, Doc. 1651) and Defendant the Cooper Castle Law Firm's Joinder thereto is granted. Plaintiff is ordered to cancel the notice of pendency filed against the Property based on the claims that the Court has dismissed in this Order. The Clerk shall enter judgment for Defendants and the Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-2569-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
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Filing 1766
ORDER granting # 1640 Mortgage Electronic Registration Systems, Inc. and MERSCORP, Inc.'s Motion to Dismiss and # 1642 Defendant JP Morgan Chase Bank, N.A.'s Joinder thereto. The Clerk shall enter judgment for Defendants. The Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 11-8085-PCT-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
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Filing 1765
ORDER granting in part and denying in part # 1664 Mortgage Electronic Registration Systems, Inc. and MERSCORP, Inc.'s Motion to Dismiss the First Amended Complaint. Part of Counts III, Part of Count IV (Equitable Relief), Part of Count IV (Punitive Damages) and Part of Count V have been remanded to the transferor court. The Clerk shall file a copy of this Order with the transferor court. The Clerk shall enter judgment for Defendants and the Clerk shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 11-00027-PHX-JAT. Signed by Judge James A Teilborg on 5/25/12.(LSP)
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| Filing 1764 Mail Returned as Undeliverable. Mail sent to E. Molina. Reason for return: nsp, attempted not known, unable to forward. Document number 1752. (DMT) |
| Filing 1763 Mail Returned as Undeliverable. Mail sent to G. Coleman. Reason for return: unclaimed, unable to forward. Document number 1731 and 1752. (Attachments: # 1 return mail)(DMT) |
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Filing 1762
ORDER that Defendants Provident Funding Associates, LP and Max Default Services Corporation's Motion to Quash Lis Pendens (CV 10-1549-PHX-JAT, Doc. 6) is granted as follows: The lis pendens recorded with the Maricopa County Recorder on October 14, 2009 as document no. 2009-0950914 is quashed. The lis pendens recorded with the Maricopa County Recorder on January 8, 2010 as document no. 2010-0015786 is quashed. FURTHER ORDERED that Defendants' Request for Summary Disposition (CV 10-1549-PHX-JAT, Doc. 8) is denied as moot. FURTHER ORDERED The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-1549-PHX-JAT. Signed by Judge James A Teilborg on 5/21/12. (MAP)
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Filing 1761
ORDER granting # 1753 Stipulation to Dismiss with Prejudice. ORDERED That this case is dismissed with prejudice, with each of the parties to bear their own attorneys' fees and costs. Plaintiff will provide GMAC Mortgage with a recordable release of lis pendens. The Clerk of the Court shall close the member case (CV 11-2449-PHX-JAT). The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 11-2449-PHX-JAT. Signed by Judge James A Teilborg on 5/21/12. (MAP)
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| Filing 1760 TRANSCRIPT REQUEST of hearing on Motion to dismiss Rollins v. MERS member case by Dustin Rollins for proceedings held on May 14, 2012 before Judge Teilborg.. (Ates, John) |
| Filing 1759 TRANSCRIPT REQUEST by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) for proceedings held on 05/14/2012 before Judge James A. Teilborg.. (Brochin, Robert) |
| Filing 1758 NOTICE re Supplemental Authority by Aurora Loan Services LLC, Lehman Brothers Bank FSB re # 1651 MOTION to Quash Lis Pendens . (Attachments: # 1 Exhibit A)(Perdew, P) |
| Filing 1757 Mail Returned as Undeliverable. Mail sent to M. Hernandez. Reason for return: forwarding time expired, return to sender. Document number 1752. (DMT) |
| Filing 1756 Mail Returned as Undeliverable. Mail sent to E. Hora. Reason for return: moved, left no address, unable to forward. Document number 1752. (DMT) |
| Filing 1755 Mail Returned as Undeliverable. Mail sent to P. Labasan. Reason for return: forwarding time expired, return to sender. Document number 1752. (DMT) |
| Filing 1754 Mail Returned as Undeliverable. Mail sent to J. Cogan. Reason for return: forwarding time expired, return to sender. Document number 1752. (DMT) |
| Filing 1753 STIPULATION of Dismissal with Prejudice: FRCP 41(a)(1)(A)(ii) by Pamela Penny-Rutherford, Phil Rutherford. (Pankopf, Tory) |
| Filing 1752 Minute Entry. Proceedings held before Judge James A Teilborg on 5/14/2012. Motion hearing held. Oral argument on pending motions to dismiss (Doc. 1616, 1626, 1627, 1640 and 1664) and Mtn to quash lis pendens (Doc. 1651). ORDERED taking the motions under advisement (Court Reporter David German.)(TLB) |
| Filing 1751 NOTICE of Appearance by Gregory James Marshall on behalf of MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Marshall, Gregory) |
| Filing 1750 NOTICE of Appearance by Gregory James Marshall on behalf of MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Marshall, Gregory) |
| Filing 1749 NOTICE of Appearance by Gregory James Marshall on behalf of MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Marshall, Gregory) |
| Filing 1748 NOTICE of Appearance by Emily Snow Cates on behalf of LaSalle Bank NA. (Cates, Emily) |
| Filing 1747 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: undeliverable, unable to forward. Document number 1744, 1745. (Attachments: # 1 returned mail)(DMT) |
| Filing 1746 NOTICE re Supplemental Authority by Dustin Rollins re # 1679 Response in Opposition to Motion to Dismiss Rollins . (Attachments: # 1 Exhibit Exhibit A -- Stubbs v. Bank of America)(Ates, John) |
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Filing 1745
ORDER Setting Oral Argument as follows on May 14, 2012: At 10:15 a.m. CV 11-00173-PHX-JAT (Lee), Docs. # 1616 and # 1627 . At 10:35 a.m. CV 10-2569-PHX-JAT (Ahmadi), Docs. # 1626 and # 1651 . At 10:55 a.m. CV 11-00027-PHX-JAT (Rollins), Doc. # 1664 . At 11:15 a.m. CV 11-8085-PCT-JAT (Barone), Doc. # 1640 . At 11:35 a.m. CV 10-218-PHX-JAT (Mesi), Doc. 49 (member case). FURTHER ORDERED The Clerk of the Court shall file a copy of this Order in these five individual cases and in MDL 09-2119-PHX-JAT. FURTHER ORDERED that, to assist the court reporter, the parties shall prepare and bring to oral argument a Table of Authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at oral argument. Signed by Judge James A Teilborg on 5/1/12. (MAP)
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Filing 1744
ORDER granting # 1690 Motion to Remand as follows: all claims in the Complaint remain with the undersigned as part of the MDL. FURTHER ORDERED that, as stated in this Court's January 6, 2012 Order, Defendants shall answer or otherwise respond to the complaint within fifteen days of this Order (Doc. # 1684 at 2). Further, all future documents shall be filed in the individual member case number CV 11-2449-PHX-JAT. The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT andCV 11-2449-PHX-JAT. (See Doc. # 1684 ). Signed by Judge James A Teilborg on 4/30/12. (MAP)
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| Filing 1791 Mail Returned as Undeliverable. Mail sent to Beth M. Wilson. Reason for return: Attempted, Not Known. Document number # 1739 and # 1741 . (MAP) |
| Filing 1743 *AMENDED NOTICE OF APPEAL to 9th Circuit re 11-17615, # 1630 Notice of Appeal as to # 1602 Order and # 1715 Order by Sally J Robinson-Burke. (Attachments: # 1 Exhibit 1-3)(Nebeker, William) *Modified to add document numbers on 4/23/2012 (LSP). |
| Filing 1742 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: not deliverable as addressed, unable to forward. Document number 1731. (DMT) |
| Filing 1741 MANDATE of USCA re 11-17615 dismissing the appeal as to # 1630 Notice of Appeal filed by Aleta Rose Goodwin, Jose Lopez, Joseph Green, Lacy J Dalton, Sally J Robinson-Burke. (Attachments: # 1 NDA). (LSP) |
| Filing 1740 Mail Returned as Undeliverable. Mail sent to Elean and Donald Hora. Reason for return: moved, left no address, unable to forward. Document number 1731. (DMT) |
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Filing 1739
ORDER denying # 1622 Motion to Stay. See Order for Details and List of Related Member Cases. Signed by Judge James A Teilborg on 4/12/12. (MAP)
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| Filing 1738 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: undeliveralbe as addressed, unable to forward. Document number 1725. (DMT) |
| Filing 1737 Mail Returned as Undeliverable. Mail sent to E. Molina. Reason for return: undeliverable as addressed, unable to forward, NSP. Document number 1731. (DMT) |
| Filing 1736 Mail Returned as Undeliverable. Mail sent to P. Labasan. Reason for return: forwarding time expired, return to sender. Document number 1731. (DMT) |
| Filing 1735 Mail Returned as Undeliverable. Mail sent to M. Hernandez. Reason for return: forwarding time expired, return to sender. Document number 1731. (DMT) |
| Filing 1734 Mail Returned as Undeliverable. Mail sent to E. Villa and B. Villa. Reason for return: forwarding time expired, return to sender. Document number 1731. (DMT) *Modified to correct text on 4/10/2012 (DMT). |
| Filing 1733 NOTICE re Notice of Name Change by MetLife Bank NA, MetLife Group Incorporated, MetLife Home Loans . (Flangas, Alex) |
| Filing 1732 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: unable to forward. Document number 1718-1720. (DMT) |
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Filing 1731
ORDER (TEXT-ONLY) - Pending before the Court is the Stipulation/Joint Motion to Vacate Oral Argument on Motion to Stay (Doc. 1729). Accordingly, IT IS ORDERED that the Stipulation/Joint Motion to Vacate Oral Argument on Motion to Stay (Doc. 1729) is granted as follows: The oral argument on Plaintiffs' Motion to Stay, currently set for April 9, 2012 at 11:00 a.m., is VACATED. In their Joint Motion to Vacate, the Parties indicated that Defendants are preparing Responses to Plaintiffs' supplement to the Motion to Stay and Plaintiffs reserve the right to file a Reply to those Responses. Defendants have already filed Responses to the Motion to Stay and Plaintiffs have filed a Reply in Support of the Motion to Stay. The Court considers this matter fully briefed and will not entertain further briefing on the Motion to Stay. The Supplemental Submission in Opposition to Plaintiffs' Motion to Stay (Doc. 1730) will not be considered by the Court. Entered by Judge James A Teilborg on 4/5/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 1730 SUPPLEMENT Supplemental Submission in Opposition to Plaintiffs' Motion to Stay by Defendant JPMorgan Chase Bank NA. (Reiter, Jennifer) |
| Filing 1729 MOTION to Vacate # 1722 Notice (Other),,,,,,,,,,, Stipulation/Joint Motion to Vacate Oral Argument on Motion to Stay by Sally J Robinson-Burke. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nebeker, William) |
| Filing 1728 NOTICE re Regarding Revisions to Notice of Member Cases Subject to Motion for Stay by Abdolhamid Ahmadi, William C Barlow, Lady Jennifer Barone, David A Barron, Marcella A Barron, Nicole C Beebe, Rick Bell, John S Benson, Amira Berilo, Laurie S Bilyea, Thomas W Bilyea, Thomas Boyd, Russell D Bricker, Dawn Burke, Timothy Burke, Sabrina M Caffee, Jose Camacho-Villa, Michelle Camacho-Villa, Manuel C Castillo, Sr, Gary Coleman, Oscar G Cortez, Randall Dalby, Lacy J Dalton, Kandi Deconti-Dalby, Krisztina Domdovari, Miguel A Dominguez, Dennis Duncan, Cory T Eastwood, Stuart M Ellifritz, Ovidiu Ene, Molly England, Michael H Evans, Thomas G Filiatreau, Vicki S Filiatreau, Robert L Fitzgerald, Edward T Fitzwater, Tonya M Foster, David J Freeman, Ronald E Freeto, Robert J Funk, Gustavo Garcia, Steven R Gillespie, Philip Golding, Aleta Rose Goodwin, Eric A Gothan, Jason A Gothan, Rosalynn R Gothan, Terreia L Gothan, Joseph Green, Michael Greene((2:09 cv 2273 - NV) ), Michael Greene, Alan E Grundel, Ana Gutierrez, Rafael Gutierrez, Charlie G Habon, Cynthia Hall, Carleen Harmon, Raymond G Harnist, Treva J Hearne, Maria Hernandez, Amanda Holbert, Donald Hora, Elena Hora, Thorne Huck, Maria Huynh, Albert Kahalehoe, Alan Kartman, Clyde Kelley, Robb C Kelley, Robert C Kelley, Sally Kelley, Carol A King, Timothy L King, Araceli A Labasan, Percy A Labasan, Marlene Lalatag, Gabriel Larkins, John E Larkins, Margarita Larkins, Juanita Faye Pualani Lee, Richard F Lee, Pablo E Leon, Jose Lopez, Josefa S Lopez, Martha Lopez, Kurt B Ludlow, David A Mahlin, Sandra C Mahlin, Luis Carlos Martinez, Mark Mausert, David R McConathy, Denise A Mendoza, Guillermo A Mendoza, Jr, Jean Merkelbach, Eric Mesi, Fred Mesi, Steven Meyer, Bryan Mikulaco, Edel Molina, Douglas B Moore, Doug Moreau, Pamela Penny-Rutherford, Dale W Peterson, Jeri S Peterson, Annette Green Philpot, Gwendell L Philpot, Jonathan Pierce, Jennifer R Quilici, Nancy Quintero-Orozco, Kylee Riehm, Rowan Riehm, Merly CS Riger, Bret E Riggs, David Rinehimer, Ugeth Rinehimer, Aunetta M Roach, Cynthia F Roberts, Jonathan E Robinson, Sally J Robinson-Burke, Irene E Rodriguez, Dustin Rollins, Phil Rutherford, Christina Sage, Duane J Sanchez, Nelson Sandefur, Jr, Andrea G Saniel, Robert C Sedlmayr, Jewel Shepard, Raida Shieban, Christopher J Sieben, Jonathon E Sieben, Rosa A Silvas, John Singh, Levi J Smith, Russell L Smith, Shirley Hope Smith, Shane Snyder, Denise Spracklin, J E Scott Spracklin, Shendale R Stapleton, Steven A Stapleton, Milan Stejic, David Stinnett, Tina Stinnett, Frank Stoffels, Karen Stoffels, Sharon Swickla, Walt Swickla, Melva D Tyler, Steven M Tyler, Michael D Van Blaircom, Alfonso Vargas, Maria Vega, Regan Velasquez, Baldomero P Villa, Ederlinda A Villa, Octavio Villalva, Tammy Vo, Merrily Whalen, Kathryn Yateman, Herous Yeghiyaian, Henry B Youmans, Jr, Grant Matthew Youngren, Jaime Zamorano, Veronika Lucie Zdenkova re # 1722 Notice (Other),,,,,,,,,,, . (Nebeker, William) |
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Filing 1727
ORDER pursuant to General Order 09-08 granting # 1726 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 1726 MOTION for Admission Pro Hac Vice as to attorney Jonathan D Dykstra on behalf of ETrade Financial. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX120585 as to Jonathan D Dykstra. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 1725
ORDER granting the Stipulation for Dismissal without Prejudice of Defendant California Reconveyance Company (CV 10-218-PHX-JAT, Doc. 56). The Clerk of the Court shall dismiss California Reconveyance Company as a Defendant in this action. FURTHER ORDERED The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-00218-PHX-JAT. Signed by Judge James A Teilborg on 3/30/12. (MAP)
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| Filing 1724 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: return to sender, unable to forward. Document number 1715. (DMT) |
| Filing 1723 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: return to sender, unable to forward. Document number 1716,1717. (DMT) |
| Filing 1722 NOTICE re of Member Cases Subject To Motion for Stay by Lady Jennifer Barone, David A Barron, Marcella A Barron, Nicole C Beebe, Rick Bell, John S Benson, Amira Berilo, Laurie S Bilyea, Thomas W Bilyea, Thomas Boyd, Russell D Bricker, Dawn Burke, Timothy Burke, Sabrina M Caffee, Jose Camacho-Villa, Michelle Camacho-Villa, Manuel C Castillo, Sr, Gary Coleman, Oscar G Cortez, Randall Dalby, Lacy J Dalton, Kandi Deconti-Dalby, Krisztina Domdovari, Miguel A Dominguez, Dennis Duncan, Cory T Eastwood, Stuart M Ellifritz, Ovidiu Ene, Molly England, Michael H Evans, Thomas G Filiatreau, Vicki S Filiatreau, Robert L Fitzgerald, Edward T Fitzwater, Tonya M Foster, David J Freeman, Ronald E Freeto, Robert J Funk, Gustavo Garcia, Steven R Gillespie, Philip Golding, Aleta Rose Goodwin, Eric A Gothan, Jason A Gothan, Rosalynn R Gothan, Terreia L Gothan, Joseph Green, Michael Greene((2:09 cv 2273 - NV) ), Michael Greene, Alan E Grundel, Ana Gutierrez, Rafael Gutierrez, Charlie G Habon, Cynthia Hall, Carleen Harmon, Raymond G Harnist, Treva J Hearne, Maria Hernandez, Amanda Holbert, Donald Hora, Elena Hora, Thorne Huck, Maria Huynh, Albert Kahalehoe, Alan Kartman, Clyde Kelley, Robb C Kelley, Robert C Kelley, Sally Kelley, Carol A King, Timothy L King, Connie Kwok, Araceli A Labasan, Percy A Labasan, Marlene Lalatag, Gabriel Larkins, John E Larkins, Margarita Larkins, Juanita Faye Pualani Lee, Richard F Lee, Pablo E Leon, Jose Lopez, Josefa S Lopez, Martha Lopez, Kurt B Ludlow, David A Mahlin, Sandra C Mahlin, Luis Carlos Martinez, Mark Mausert, David R McConathy, Denise A Mendoza, Guillermo A Mendoza, Jr, Jean Merkelbach, Eric Mesi, Fred Mesi, Steven Meyer, Bryan Mikulaco, Edel Molina, Douglas B Moore, Doug Moreau, Pamela Penny-Rutherford, Dale W Peterson, Jeri S Peterson, Annette Green Philpot, Gwendell L Philpot, Jonathan Pierce, Jose Portillo, Jennifer R Quilici, Nancy Quintero-Orozco, Kylee Riehm, Rowan Riehm, Merly CS Riger, Bret E Riggs, David Rinehimer, Ugeth Rinehimer, Aunetta M Roach, Cynthia F Roberts, Jonathan E Robinson, Sally J Robinson-Burke, Irene E Rodriguez, Dustin Rollins, Phil Rutherford, Christina Sage, Duane J Sanchez, Nelson Sandefur, Jr, Andrea G Saniel, Robert C Sedlmayr, Jewel Shepard, Raida Shieban, Christopher J Sieben, Jonathon E Sieben, Rosa A Silvas, John Singh, Levi J Smith, Russell L Smith, Shirley Hope Smith, Shane Snyder, Denise Spracklin, J E Scott Spracklin, Shendale R Stapleton, Steven A Stapleton, Milan Stejic, David Stinnett, Tina Stinnett, Frank Stoffels, Karen Stoffels, Sharon Swickla, Walt Swickla, Melva D Tyler, Steven M Tyler, Michael D Van Blaircom, Alfonso Vargas, Maria Vega, Regan Velasquez, Baldomero P Villa, Ederlinda A Villa, Octavio Villalva, Tammy Vo, Merrily Whalen, Kathryn Yateman, Herous Yeghiyaian, Henry B Youmans, Jr, Grant Matthew Youngren, Jaime Zamorano, Veronika Lucie Zdenkova re # 1716 Order, . (Nebeker, William) |
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Filing 1721
ORDER That the motion to dismiss (Doc. 14, filed in CV 11-772-PHX) is granted; Defendant MERS, Inc. and Merscorp, Inc. are dismissed with prejudice. FURTHER ORDERED that Plaintiff shall file a status report regarding any remaining Defendants within 14 days of the date of this Order. If Plaintiff fails to file this status report (in the member case number), the Clerk of the Court shall enter judgment of dismissal with prejudice as to this member case only. FINALLY ORDERED that the Clerk of the Court shall file this Order in both the MDL case and the member case. Signed by Judge James A Teilborg on 3/23/12. (MAP)
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Filing 1720
ORDER granting the Stipulation to Expunge Lis Pendens (MDL 09-2119-PHX-JAT, # 1711 ). FURTHER ORDERED granting the Stipulation for Dismissal with Prejudice of Defendant Litton Loan Servicing, LP (MDL 09-2119-PHX-JAT, # 1712 ). All claims by Plaintiff Marie Huynh against Defendant Litton Loan Servicing LP are hereby dismissed with prejudice. The parties to bear their own attorneys' fees and costs. The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-00217-PHX-JAT. Signed by Judge James A Teilborg on 3/22/12. (MAP)
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Filing 1719
ORDER granting the Stipulation to Expunge Lis Pendens (MDL 09-2119-PHX-JAT, # 1709 ). FURTHER ORDERED granting the Stipulation for Dismissal with Prejudice of Defendant Litton Loan Servicing, LP (MDL 09-2119-PHX-JAT, # 1710 ). All claims by Plaintiff Ronald E. Freeto against Defendant Litton Loan Servicing LP are hereby dismissed with prejudice. The parties to bear their own attorneys fees and costs. The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-459-PHX-JAT. Signed by Judge James A Teilborg on 3/22/12. (MAP)
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Filing 1718
ORDER granting the Stipulation to Expunge Lis Pendens (MDL 09-2119-PHX-JAT, # 1713 ). FURTHER ORDERED granting the Stipulation for Dismissal with Prejudice of Defendant Litton Loan Servicing, LP (MDL 09-2119-PHX-JAT, # 1714 ). All claims by Plaintiff Grant Matthew Youngren against Defendant Litton Loan Servicing LP are hereby dismissed with prejudice. The parties to bear their own attorneys fees and costs. The Clerk of the Court shall file a copy of this Order in MDL 09-2119-PHX-JAT and CV 10-00219-PHX-JAT. Signed by Judge James A Teilborg on 3/22/12. (MAP)
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Filing 1717
ORDER granting # 1689 Motion to Withdraw as Attorney. ORDERED that Craig H. Rothenberg is Withdrawn. The Clerk of the Court shall remove Craig H. Rothenberg from any further CM/ECF notifications in this case. Signed by Judge James A Teilborg on 3/20/12.(MAP)
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Filing 1716
ORDER That, on or before 3/26/12, Plaintiffs shall file a list of each member case on appeal for which Plaintiffs' seek to stay a foreclosure-related action and/or Trustees Sale (if any) and the status of such foreclosure-related action and/or Trustee's Sale (if any), i.e. whether a Trustee's Sale has been noticed and/or the date of any expected foreclosure-related action/Trustees Sale. Signed by Judge James A Teilborg on 3/20/12. (MAP)
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Filing 1715
ORDER denying # 1611 Plaintiff Milan Stejic's Motion to Reconsider Dismissal ofStejic. Signed by Judge James A Teilborg on 3/20/10. (CV 10-1547-PHX)(MAP)
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| Filing 1714 STIPULATION of Dismissal Stipulation and Order for Dismissal With Prejudice of Defendant Litton Loan Servicing LP by Litton Loan Servicing LP. (Schnitzer, Gary) |
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Filing 1713
STIPULATION and Order to Expunge Lis Pendens by Litton Loan Servicing LP. (Schnitzer, Gary)
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| Filing 1712 STIPULATION of Dismissal Stipulation and Order for Dismissal With Prejudice of Defendant Litton Loan Servicing LP by Litton Loan Servicing LP. (Schnitzer, Gary) |
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Filing 1711
STIPULATION and Order to Expunge Lis Pendens by Litton Loan Servicing LP. (Schnitzer, Gary)
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| Filing 1710 STIPULATION of Dismissal Stipulation and Order for Dismissal With Prejudice of Defendant Litton Loan Servicing LP by Litton Loan Servicing LP. (Schnitzer, Gary) |
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Filing 1709
STIPULATION and Order to Expunge Lis Pendens by Litton Loan Servicing LP. (Schnitzer, Gary)
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Filing 1708
ORDER pursuant to General Order 09-08 granting # 1707 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 1707 MOTION for Admission Pro Hac Vice as to attorney Jamie L Thalgott on behalf of NDex West LLC. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX119787 as to Jamie L Thalgott. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1706 RESPONSE to Motion re # 1690 MOTION Motoin to Remand Certain Claims from CTO-13 filed by MTC Financial Incorporated. (Reynolds, Richard) |
| Filing 1705 RESPONSE to Motion re # 1690 MOTION Motoin to Remand Certain Claims from CTO-13 , # 54 MOTION for Certain Defendants' Motion to Remand Claims to Transferor District Courts Answer of Land Home Financial Services to MERS' Motion to Remand filed by Land Home Financial Services. (Connolly, Michael) |
| Remark - re out of state attorney Melinda Pillow of Kilpatrick Stockton removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1704 NOTICE of Change of Address by Ariel E Stern. (Stern, Ariel) |
| Filing 1703 NOTICE of Change of Address by Ariel E Stern. (Stern, Ariel) |
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Filing 1702
ORDER pursuant to General Order 09-08 granting # 1701 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 1701 MOTION for Admission Pro Hac Vice as to attorney Tory M Pankopf on behalf of Pamela Penny-Rutherford, and Phil Rutherford. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX118517 as to Tory M Pankopf. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1700 RESPONSE to Motion re # 1690 MOTION Motoin to Remand Certain Claims from CTO-13 filed by Executive Trustee Services LLC, GMAC Mortgage LLC. (Reichner, Henry) |
| Filing 1699 REPLY to Response to Motion re # 1611 MOTION for Reconsideration re: Dismissal of Stejic Reply in Support of Motion to Reconsider Dismissal filed by Milan Stejic. (Findsen, Beth) |
| Filing 1698 REPLY to Response to Motion re # 1651 MOTION to Quash Lis Pendens filed by Aurora Loan Services LLC, Lehman Brothers Bank FSB. (Perdew, P) |
| Filing 1696 NOTICE re Supplemental Authorities by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brochin, Robert) |
| Filing 1697 Mail Returned as Undeliverable. Mail sent to B. Wilson. Reason for return: return to sender, unable to forward. Document number 1675-1678 and 1684. (Attachments: # 1 #1684)(DMT) |
| Filing 1695 STATUS REPORT by Fred Mesi. (Lawton, Rick) |
| Filing 1694 RESPONSE in Opposition re # 1651 MOTION to Quash Lis Pendens And request for Late filing filed by Abdolhamid Ahmadi. (Lawton, Rick) |
| Filing 1693 RESPONSE to Motion re # 1611 MOTION for Reconsideration re: Dismissal of Stejic filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1692 Mail Returned as Undeliverable. Mail sent to Beth Wilson. Reason for return: Return to sender, unable to forward. Document number 1673. (DMT) |
| Filing 1691 REPLY to Response to Motion re # 1664 MOTION to Dismiss for Failure to State a Claim by Rollins First Amended Complaint (ECF No. 1653) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit A)(Brochin, Robert) |
| Filing 1690 MOTION Motoin to Remand Certain Claims from CTO-13 by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1689 *MOTION for Attorney Withdrawal for Craig H. Rothenberg by Federal Home Loan Mortgage Corporation. (Landman, Mark) *Modified to add motion type on 1/17/2012 (LSP). |
| Filing 1688 Corporate Disclosure Statement by Land Home Financial Services. (Bowles, Bradley) |
| Filing 1687 NOTICE of Appearance by Bradley R Bowles on behalf of Land Home Financial Services (Bowles, Bradley) |
| Filing 1686 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: not deliverable as addressed, unable to forward. Document number 1671. (DMT) |
| Filing 1685 TRANSCRIPT REQUEST by HSBC Bank USA NA for proceedings held on 08-31-2011 before Judge James A. Teilborg.. (Fine, Marilyn) |
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Filing 1684
ORDER that all parties to the case listed above are bound by the Initial Practice and Procedure Order (Doc. # 25 ). FURTHER ORDERED that any motions pending in the case listed above are hereby denied without prejudice. Any hearings or pretrial deadlines previously set by any other court are hereby vacated. The refiling of any motions is addressed below. FURTHER ORDERED that, Defendant MERS shall, by 2/1/12, file a motion to remand all claims that it asserts the panel remanded to the transferor court in the transfer order. (See Doc. # 1680 at 1.) Plaintiffs and the non-moving Defendants shall respond to this motion to remand by 2/21/12 and in the responses shall specify what claims they agree were remanded, what additional claims, if any, they seek to remand, and what claims, if any, they assert were not remanded; Defendant MERS shall reply (in a consolidated reply) by 3/5/12. FURTHER ORDERED that within fifteen days following this Court's ruling on the motion to remand, Defendants shall answer or otherwise respond (including filing motions to dismiss) to the complaint. Signed by Judge James A Teilborg on 1/6/12. (CV 11-2449-PHX) (MAP)
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Filing 1683
ORDER pursuant to General Order 09-08 granting # 1681 Motion for Admission Pro Hac Vice; granting # 1682 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX117448 as to Bradley R Bowles. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX117449 as to Michael P Connolly. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1682 MOTION for Admission Pro Hac Vice as to attorney Bradley R Bowles on behalf of Land Home Financial Services. (BAS) |
| Filing 1681 MOTION for Admission Pro Hac Vice as to attorney Michael P Connolly on behalf of Land Home Financial Services. (BAS) |
| Filing 1679 RESPONSE in Opposition re # 1664 MOTION to Dismiss for Failure to State a Claim by Rollins First Amended Complaint (ECF No. 1653) filed by Dustin Rollins. (Attachments: # 1 Exhibit Williamson Order)(Ates, John) |
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Filing 1678
AMENDED ORDER (re Order # 1676 ) Several items remain pending in the some of the cases that were closed by this Court's Order of October 3, 2011 (Doc. # 1602 ). The Court will address these items below: ORDERED granting # 1244 Motion to remove Leila Nourani as counsel of record for Defendant Federal National Mortgage Association. FURTHER ORDERED that because the Motion to Dismiss at Doc. # 1451 was effectively granted by the Order at Doc. # 1602 , the Clerk of the Court shall terminate the motion FURTHER ORDERED that the following Stipulations, that were filed in cases that are now closed by the Order and Judgment at Doc. # 1602 , are denied as moot (all Doc. numbers are in the MDL case): Doc. # 1596 (member case CV 10-1419 (Yeghiyaian)), Doc. # 1597 (member case CV 10-1085 (Funk)), Doc. # 1598 (member case CV 10-1422 (Meyer)), Doc. # 1646 (member case CV 10-81 (Dalton)). FURTHER ORDERED setting oral argument on the Motion to Stay (Doc. # 1622 ) on 4/9/12 at 11:00 a.m. The Motion for Expedited Consideration (Part of Doc. # 1622 ) is denied. FURTHER ORDERED deeming under advisement the Motion to Quash related to member case CV10-1549-PHX-JAT (Doc. 6 in the member case) and the Motion for Summary Disposition (Doc. 8 in the member case). Denying Doc. # 1661 in the MDL case duplicative. The Clerk of the Court shall file a copy of this Order in member case CV 10-1549-PHX-JAT. FINALLY ORDERED that with regard to the Motion for Reconsideration (Doc. # 1611 , related to member case CV 10-1547 (Stejic)), and consistent with Local Rule Civil 7.2(g)(2), Defendants shall respond (in a single consolidated response) by 1/20/12. Plaintiff shall reply by 1/31/12. The Clerk of the Court shall file a copy of this Order in CV 10-1547-PHX-JAT (Stejic). Signed by Judge James A Teilborg on 1/4/12. (MAP)
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Filing 1677
ORDER that all parties to the case listed above are bound by the Initial Practice and Procedure Order (Doc. # 25 ). FURTHER ORDERED that any motions pending in the case listed above are hereby denied without prejudice. Any hearings or pretrial deadlines previously set by any other court are hereby vacated. The refiling of any motions is addressed below. FURTHER ORDERED that although the Court typically allows the parties to file a motion to remand to determine which claims stay within this MDL and which claims were effectively bifurcated and remanded by the panel to the transferor court, the Court finds that with respect to this case, the panel has already completed this assessment and determined that all claims in the complaint in this case were transferred to the MDL. Accordingly, the Court will not entertain remand motions in this member case and all claims shall stay with the MDL. FURTHER ORDERED that within fifteen days Defendants shall answer or otherwise respond (including filing motions to dismiss) to the complaint. FURTHER ORDERED that Plaintiffs may re-file any motion for preliminary injunction, if necessary, at any time. If Defendants intend to move to dismiss the complaint, Defendants must file their motions to dismiss simultaneous to filing their responses to the motion for preliminary injunction, even if such deadline is sooner than the deadline set above. FINALLY ORDERED that the Clerk of the Court shall file a copy of this Order in CV 11-1587-PHX-JAT (Philpot). Signed by Judge James A Teilborg on 1/4/12. (CV 11-1587-PHX) (MAP)
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Filing 1676
*AMENDED By Doc. # 1678 *ORDER Several items remain pending in the some of the cases that were closed by this Court's Order of October 3, 2011 (Doc. # 1602 ). The Court will address these items below: ORDERED granting # 1244 Motion to remove Leila Nourani as counsel of record for Defendant Federal National Mortgage Association. FURTHER ORDERED that because the Motion to Dismiss at Doc. # 1451 was effectively granted by the Order at Doc. # 1602 , the Clerk of the Court shall terminate the motion FURTHER ORDERED that the following Stipulations, that were filed in cases that are now closed by the Order and Judgment at Doc. # 1602 , are denied as moot (all Doc. numbers are in the MDL case): Doc. # 1596 (member case CV 10-1419 (Yeghiyaian)), Doc. # 1597 (member case CV 10-1085 (Funk)), Doc. # 1598 (member case CV 10-1422 (Meyer)), Doc. # 1646 (member case CV 10-81 (Dalton)). FURTHER ORDERED setting oral argument on the Motion to Stay (Doc. # 1622 MDL case) on 4/9/12 at 11:00 a.m. The Motion for Expedited Consideration (Part of Doc. # 1622 ) is denied. FURTHER ORDERED deeming under advisement the Motion to Quash related to member case CV10-1549-PHX-JAT (Doc. 6 in the member case) and the Motion for Summary Disposition (Doc. 8 in the member case). Denying Doc. # 1661 in the MDL case duplicative. The Clerk of the Court shall file a copy of this Order in member case CV 10-1549-PHX-JAT. FINALLY ORDERED that with regard to the Motion for Reconsideration (Doc. # 1611 , related to member case CV 10-51 (Stejic)), and consistent with Local Rule Civil 7.2(g)(2), Defendants shall respond (in a single consolidated response) by 1/20/12. Plaintiff shall reply by 1/31/12. The Clerk of the Court shall file a copy of this Order in CV 10-51-PHX-JAT (Stejic). Signed by Judge James A Teilborg on 1/4/12.(MAP) *Modified on 1/4/2012 (MAP)*.
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Filing 1675
ORDER granting # 1674 Motion for Extension of Time such that Plaintiff's response to the motion to dismiss is due by 1/4/12. Doc. 25 in CV 11-27-PHX-JAT is denied as a duplicate. Signed by Judge James A Teilborg on 1/4/12. (MAP)
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| Filing 1674 MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss First Amended Complaint (Second Request) by Dustin Rollins. (Attachments: # 1 Text of Proposed Order)(Ates, David) |
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Filing 1673
ORDER that Plaintiff in CV 10-218-PHX-JAT (Mesi) shall file the status report required by 1/23/12. FURTHER ORDERED setting oral argument on LaSalle Bank NA's motion to dismiss, Doc. # 1672 (MDL case) for 5/14/12 at 10:15 a.m. Because the Court intends to administer the Mesi case in the member case number, the Clerk of the Court shall refile the motion to dismiss in the member case and term it as pending in the MDL case. FURTHER ORDERED setting oral argument in CV 10-2569-PHX-JAT (Ahmadi) on Doc. # 1626 , # 1651 (MDL case) for 5/14/12 at 10:15 a.m. The Clerk of the Court shall term Doc. 18 in CV 10-2569-PHX-JAT because it is a duplicate. FURTHER ORDERED that in CV 11-27-PHX-JAT (Rollins) the motion to dismiss the complaint, Doc. # 1625 (MDL case), Doc. 20 (member case), and the motion for extension of time, Doc. # 1649 (MDL case), Doc. 21 (member case), are denied as moot. FURTHER ORDERED setting oral argument on the motion to dismiss the amended complaint, Doc. # 1664 (MDL case), for 5/14/12 at 10:15 a.m. FURTHER ORDERED in CV 11-173-PHX-JAT (Lee) granting the motion for extension of time, Doc # 1650 (MDL case) to the extent that Plaintiff's response to the motions to dismiss is deemed to be timely and setting oral argument on Doc. # 1616 (MDL case) and Doc. # 1627 (MDL case) for 5/14/12 at 10:15 a.m. FURTHER ORDERED in CV 11-772-PHX-JAT (Grundel) that the motion to add an indispensable party, Doc. # 1592 (MDL case) is denied; Plaintiff may file an amended complaint by 1/23/12. Plaintiff must serve any newly added parties by 2/13/12 (service should include a copy of this Order). All Defendants, including any newly added Defendants, must respond to the amended complaint by 3/2/12. Pending the filing of the amended complaint, the motion to dismiss, Doc. # 1628 (MDL case) is denied without prejudice. If Plaintiff fails to file an amended complaint, MERS shall refile the motion to dismiss by 1/30/12. All these future filings should be in the member case number. FURTHER ORDERED setting oral argument in CV 11-8085-PCT-JAT (Barone) on Doc. # 1640 (MDL case) for 514/12 at 10:15 a.m. FURTHER ORDERED that the Clerk of the Court shall file this order in both the MDL case and each member case to which it relates. Signed by Judge James A Teilborg on 1/3/12. (CV 10-218-PHX-JAT; 10-2569-PHX; 11-27-PHX; 11-173-PHX; 11-772-PHX-11-8085-PCT)(MAP)
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| Filing 1672 MOTION to Dismiss Party LaSalle Bank, N.A. by LaSalle Bank NA. (Jorgensen, J) |
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Filing 1671
ORDER (TEXT-ONLY) - IT IS ORDERED that Plaintiff Rollins (member case CV 11-27-PHX-JAT) Motion for Extension of Time (Doc. 1670) to respond to the Motion to Dismiss the Amended Complaint (Motion to Dismiss is at Doc. 1664) is GRANTED. Plaintiff's response is due by January 3, 2012. Entered by Judge James A Teilborg on 12/30/2011. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 1670 First MOTION for Extension of Time to File Response/Reply as to # 1664 MOTION to Dismiss for Failure to State a Claim by Rollins First Amended Complaint (ECF No. 1653) Unopposed by Dustin Rollins. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ates, John) |
| Filing 1669 TRANSCRIPT REQUEST by Fidelity National Default for proceedings held on 8-31-2011 before Judge James A. Teilborg.. (Ackerman, Neil) |
| Filing 1668 CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re # 1630 Notice of Appeal. (BAS) |
| Filing 1667 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Motion Hearing for dates of 08/31/2011, before Judge James A Teilborg, re # 1630 Notice of Appeal. Court Reporter David C German. 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. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/13/2012. Release of Transcript Restriction set for 3/12/2012. (BAS) |
| Filing 1666 REPLY to Response to Motion re # 1627 MOTION to Dismiss Case - Lee filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit Rungdren Motion for Reconsideration)(Brochin, Robert) |
| Filing 1665 NOTICE that CV 11-2449-PHX-JAT (formerly Nevada District 3:11-769) is now consolidated with and part of MDL No. 2119. Therefore, future pleadings pertaining to the above case will be filed in MDL-No. 2119. (MAP) |
| Remark: Case file received from Nevada District (3:011-769), now assigned case number: CV 11-2449-PHX-JAT. (MAP) |
| Filing 1664 MOTION to Dismiss for Failure to State a Claim by Rollins First Amended Complaint (ECF No. 1653) by MERSCORP Incorporated(a Virginia corporation), MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), Mortgage Electronic Registration Systems Incorporated. (Attachments: # 1 Exhibit Smith v. Saxon Order, # 2 Exhibit Phillip v. Ducat Order, # 3 Exhibit Carr v. US Bank)(Brochin, Robert) |
| Filing 1663 REPLY to Response to Motion re # 1616 MOTION to Dismiss Case (Defendant Countrywide Bank, FSB's Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof) (Document relates to Lee - 2:11-cv-00173) filed by Countrywide Bank FSB. (Yenouskas, Joseph) |
| Remark: Certified Copy of MDL Transfer Order (Order Lifting Stay of CTO-13) forwarded to the district of Nevada requesting the transfer of case file: Nevada (3:11 cv 769). (MAP) |
| Filing 1661 * MOTION (Request) For Summary Disposition by MAX Default Services Corporation, Provident Funding Associates LP . (Fischbach, William) Modified on 12/5/2011 (LAD). * Incorrect event selected. Docket text modified from Notice to Motion for Ruling. Attorney noticed. |
| Filing 1662 CERTIFIED ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER. ORDERED that the stay of the Panel's conditional transfer order designated as "CTO-13" filed on October 27, 2011, is LIFTED. The action is transferred to the District of Arizona for inclusion in the coordinated or consolidated pretrial proceedings under 28 USC 1407. (MAP) |
| Filing 1660 Joinder re # 1659 Reply to Response to Motion, by Defendant JPMorgan Chase Bank NA. (Erickson, Douglas) |
| Filing 1659 REPLY to Response to Motion re # 1640 MOTION to Dismiss Case (Barone v. Chase Home Finance LLC, 11-cv-8016) filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1658 Joinder re # 1651 MOTION to Quash Lis Pendens by Defendant Cooper Castle Law Firm LLP. (Waite, Aaron) |
| Filing 1657 *RESPONSE in Opposition re # 1616 MOTION to Dismiss Case (Defendant Countrywide Bank, FSB's Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof) , # 1627 MOTION to Dismiss Case - Lee filed by Juanita Faye Pualani Lee. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B, # 4 Certificate of Service)(Arensmeyer, Frederick) Document is not in compliance with LRCiv 7.1(c), attorney notified on 12/1/2011 (LSP).* |
| Filing 1656 NOTICE by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) . (Brochin, Robert) |
| Filing 1655 *REPLY to Response to Motion re # 1626 MOTION to Dismiss Case - Ahmadi filed by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated, Aurora Loan Services and Lehman Brothers Bank, FSB. (Attachments: # 1 Exhibit A - Deed Upon Sale)(Brochin, Robert) *Modified to correct filer on 11/29/2011 (LSP).* |
| Filing 1654 RESPONSE in Opposition re # 1625 MOTION to Dismiss Case filed by Dustin Rollins. (Ates, John) |
| Filing 1653 AMENDED COMPLAINT against Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), filed by Dustin Rollins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Ates, John) |
| Filing 1652 RESPONSE to Motion re # 1640 MOTION to Dismiss Case (Barone v. Chase Home Finance LLC, 11-cv-8016) Defendant Mortgage Electronic Registration Systems, Inc. and MERS Corp. Inc.'s Motion to Dismiss filed by Lady Jennifer Barone. (Nebeker, William) |
| Filing 1651 MOTION to Quash Lis Pendens by Aurora Loan Services LLC, Lehman Brothers Bank FSB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Perdew, P) |
| Filing 1650 MOTION for Extension of Time to File [PLAINTIFF JUANITA FAYE PUALANI LEE'S EX PARTE APPLICATION TO MODIFY THE BRIEFING SCHEDULE FOR HER RESPONSE TO (1) DEFENDANT COUNTRYWIDE BANK, FSB'S MOTION TO DISMISS (DOC. NO. 1616) AND DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'S MOTION TO DISMISS (DOC. NO. 1627)] by Juanita Faye Pualani Lee. (Arensmeyer, Frederick) |
| Filing 1649 Consent MOTION for Extension of Time to File Response/Reply as to # 1625 MOTION to Dismiss Case by Dustin Rollins. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ates, John) |
| Filing 1648 RESPONSE to Motion re # 1626 MOTION to Dismiss Case - Ahmadi filed by Abdolhamid Ahmadi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lawton, Rick) |
| Filing 1647 *RESPONSE re NOTICE re of Non-Opposition to Defendant Countrywide Bank, FSB's Motion to Dismiss by Countrywide Bank FSB re # 1616 MOTION to Dismiss Case (Defendant Countrywide Bank, FSB's Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof) . (Yenouskas, Joseph) *Modified to correct type on 11/16/2011 (TLJ). |
| Filing 1646 STIPULATION of Dismissal Stipulation and Order for Dismissal with Prejudice by Bank of America NA, Countrywide Home Loans Incorporated, ReconTrust Company NA. (Bundick, Jacob) |
| Filing 1645 Joinder re # 1626 MOTION to Dismiss Case - Ahmadi by Defendant Cooper Castle Law Firm LLP. (Waite, Aaron) |
| Appeal to 9th Circuit Court of Appeals Fee Received: $ 455.00 receipt number 0970-6032495 (Nebeker, William) |
| Filing 1644 REPLY to Response to Motion re # 1622 MOTION to Stay Reply In Support of Motion For Stay filed by Jonathan E Robinson, Sally J Robinson-Burke. (Nebeker, William) *Modified on 11/8/2011 from response (DMT). |
| Filing 1643 Joinder re # 1634 Response to Motion by Defendant NDex West LLC filed by NDex West LLC. (DiRaimondo, Anthony) |
| Filing 1642 *Joinder in MERS and MERSCORP's Motion to Dismiss at Dkt. # 1640 by Defendant JPMorgan Chase Bank NA. (Erickson, Douglas) *Modified to correct document number on 11/4/2011 (CMAL). |
| Filing 1641 RESPONSE in Opposition re # 1622 MOTION to Stay , and Joinder re # 1634 Response to Motion to Stay filed by Western Progressive Trustee LLC. (Edwards, Randall) |
| Filing 1640 MOTION to Dismiss Case (Barone v. Chase Home Finance LLC, 11-cv-8016) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1639 RESPONSE in Opposition re # 1622 MOTION to Stay , Joinder re # 1634 Response to Motion to Stay by Defendants HSBC Bank USA NA, Litton Loan Servicing LP, U.S. Bank NA filed by HSBC Bank USA NA, Litton Loan Servicing LP, U.S. Bank NA. (Blase, Gregory) |
| Filing 1637 TRANSCRIPT REQUEST Order by Jonathan E Robinson, Sally J Robinson-Burke for proceedings held on 08/31/2011 before Judge Teilborg.. (Nebeker, William) |
| Filing 1636 Joinder re # 1634 Response to Motion by Defendant JPMorgan Chase. (Reiter, Jennifer) |
| Filing 1635 Ninth Circuit Case Number 11-17615 for # 1630 Notice of Appeal. (DMT) |
| Filing 1638 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender, UTF 10/24/11. Document number 1617. (MHA) |
| Filing 1634 RESPONSE to Motion re # 1622 MOTION to Stay (Joint Response by Certain Defendants) filed by Aurora Loan Services LLC, Old Republic National Title Insurance Company, Saxon Mortgage Incorporated. (Perdew, P) |
| Filing 1631 Joinder re # 1624 Response to Motion Joinder to Defendant Central Mortgage Company's Response to Plainitff's Request for Expedited Ruling on Plaintiff's Motion for Stay by Defendants HSBC Bank USA, OneWest Bank FSB filed by HSBC Bank USA(National Association of the Luminent Mortgage Trust 2007-1), OneWest Bank FSB. (Fine, Marilyn) |
| Filing 1633 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to sender. Not deliverable as addressed. Unable to forward. Document number 1615. (HLA) |
| Filing 1632 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Not deliverable as addressed. Unable to forward. Document number 1608. (HLA) |
| Filing 1629 Joinder re # 1624 Response to Motion for Stay # 1622 by Defendant MTC Financial Incorporated. (Reynolds, Richard) |
| Filing 1628 MOTION to Dismiss Case -Grundel by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit A-Grundel Deed of Trust)(Brochin, Robert) |
| Filing 1627 MOTION to Dismiss Case - Lee by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1626 *MOTION to Dismiss Case - Ahmadi by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), Aurora Loan Services LLC, Lehman Brothers Bank FSB. (Brochin, Robert) *Modified to reflect correct filers on 10/28/2011 (CMAL). |
| Filing 1625 MOTION to Dismiss Case by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit A-Rollins Deed of Trust)(Brochin, Robert) |
| Filing 1680 CERTIFIED MDL TRANSFER ORDER (CTO-13) AND SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS Pursuant to 28 USC 1407. See Order for Details. (MAP) |
| Filing 1624 RESPONSE to Motion re # 1622 MOTION to Stay of Plaintiffs Request for Expedited Ruling filed by Central Mortgage Company. (Attachments: # 1 Exhibit A)(Fischbach, William) |
| Filing 1623 REPLY to Response to Motion re # 1592 MOTION ADD INDISPENSIBLE PARTY filed by Alan E Grundel. (Lawton, Rick) |
| Filing 1630 JOINT NOTICE OF APPEAL to 9th Circuit, as to # 1602 Order by Lacy J Dalton, Aleta Rose Goodwin, Joseph Green, Jose Lopez, Sally J Robinson-Burke, et al. (same pdf as entry #1621, re-docketed using the correct event) (ESL) |
| Filing 1622 MOTION to Stay by Laurie S Bilyea, Thomas W Bilyea. (Nebeker, William) |
| Filing 1621 NOTICE re Joint Notice of Appeal by Lacy J Dalton, Aleta Rose Goodwin, Joseph Green, Josefa S Lopez, Sally J Robinson-Burke . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Nebeker, William) |
| Filing 1620 NOTICE re Supplemental Authority in Support of Motion to Dismiss by Countrywide Bank FSB re # 1616 MOTION to Dismiss Case (Defendant Countrywide Bank, FSB's Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof) . (Attachments: # 1 Exhibit A to Defendant Countrywide Bank, FSB's Notice of Supplemental Authority in Support of Motion to Dismiss)(Yenouskas, Joseph) |
| Filing 1619 Mail Returned as Undeliverable. Mail sent to Gary Coleman. Reason for return: Forward Time Exp. Document number 1608. (JRD) |
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Filing 1617
ORDER granting # 1614 Joinder. That Defendants Aurora Loan Services, LLC and Lehman Brothers Bank, FSB shall respond to the Complaint in Ahmadi v. Wilson Resources, Inc., No. CV-10-2569 on or before 10/28/11. Signed by Judge James A Teilborg on 10/18/11. (MAP)
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| Filing 1618 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Attempted Not Known; Unable to Forward; Return to Sender. Document number 1608. (MHU) |
| Filing 1616 MOTION to Dismiss Case (Defendant Countrywide Bank, FSB's Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof) by Countrywide Bank FSB. (Attachments: # 1 Exhibit 1)(Yenouskas, Joseph) |
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Filing 1615
ORDER granting # 1610 Motion for Extension of Time. ORDERED that Defendants Mortgage Electronic Registration Systems, Inc. and MERSCORP, Inc. shall respond to the Complaints in Ahmadi v. Wilson Resources, Inc., No. CV 10-2569; Lee v. MERS, No. CV 11-0173; Rollins v. MERS, No. CV 11-0027; and Grundel v.Loancity, No. CV 11-772 on or before 10/28/11. Signed by Judge James A Teilborg on 10/18/11.(MAP)
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| Filing 1614 Joinder re # 1610 MOTION for Extension of Time to Respond to Plaintiffs' Complaints (First Request) by Defendants Aurora Loan Services LLC, Lehman Brothers Bank FSB. (Perdew, P) |
| Filing 1613 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to forward. Document number 1599, 1600, 1601, 1602. (HLA) |
| Filing 1612 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to forward.. Document number 1594. (HLA) |
| Filing 1611 MOTION for Reconsideration re: Dismissal of Stejic by Milan Stejic. (Findsen, Beth) |
| Filing 1610 MOTION for Extension of Time to Respond to Plaintiffs' Complaints (First Request) by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Text of Proposed Order)(Brochin, Robert) |
| Filing 1609 NOTICE re of Filing Motion by MAX Default Services Corporation, Provident Funding Associates LP . (Fischbach, William) |
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Filing 1608
ORDER granting # 1467 Joint Motion for clarification of schedule and for a stay of proceedings in member case CV-11-08085-PCT-JAT. ORDERED Defendants will have until 11/2/11 to respond to Plaintiff's claims that have been consolidated into this MDL. Signed by Judge James A Teilborg on 10/13/11.(MAP)
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| Filing 1607 RESPONSE in Opposition re # 1592 MOTION ADD INDISPENSIBLE PARTY (re Alan E. Grundel 11-772) filed by Federal National Mortgage Association. (Marshall, Gregory) |
| Filing 1606 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Attempted Not Known; Return to Sender. Document number 1599, 1600, 1601, & 1602. (MHU) |
| Filing 1605 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Return to Sender. Attempted - not known. Unable to forward. Attempted, not known.. Document number 1588. (HLA) |
| Filing 1604 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Return to sender. Attempted, not known. Document number 1594. (HLA) |
| Filing 1603 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable To Forward. Document number 1588. (JRD) |
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Filing 1602
ORDER AND CERTIFICATION OF FINAL JUDGMENT. See Order for Complete Details. Signed by Judge James A Teilborg on 10/3/11.(MAP)
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Filing 1601
ORDER granting # 1304 , # 1425 Motions to Remand Certain Claims as follows: With respect to Mesi (CV 10-218-PHX) claims 1, 4, 7-10, 14 and part of claim 2 remain with the undersigned as part of the MDL and claims 3, 5, 6 and part of claim 2 have been remanded to the transferor court. With respect to Lee (CV 11-173-PHX) claims 1, 3, 4, and 5 and part of claim 6 remain with the undersigned as part of the MDL and claim 2 and part of claim 6 have been remanded to the transferor court. With respect to Ahmadi (CV 10-2569-PHX) claims 1, 4, and 7-11 and part of claim 2 remain with the undersigned as part of the MDL and claims 3, 5, and 6 and part of claim 2 have been remanded to the transferor court. With respect to Rollins (CV 11-27-PHX) the entirety of the case shall remain with the undersigned. With respect to Grundel (CV 11-772-PHX) claims 1-3, and 5-9 remain with the undersigned as part of the MDL and claim 4 has been remanded to the transferor court. FURTHER ORDERED that MERS shall file a copy of this Order with the each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 9/30/11. (CV 10-218-PHX; CV 10-2569-PHX; CV 11-27-PHX; CV 11-173-PHX; CV 11-772-PHX) (MAP)
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Filing 1600
ORDER denying # 1563 Motion to Certify Questions of State Law to the Nevada Supreme Court. Signed by Judge James A Teilborg on 9/30/11. (cc: CV 10-1209-PHX) (MAP)
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Filing 1599
ORDER granting Defendant I.B. Property Holdings, L.L.C.'s # 1581 Motion for Summary Disposition FURTHER ORDERED granting # 1539 Motion for Order Confirming That Stipulated Injunction is No Longer in Effect and the July 15, 2009 stipulated injunction governing the Cheney property is no longer in effect. Signed by Judge James A Teilborg on 9/30/11. (CV 10-79-PHX)(MAP)
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| Filing 1598 STIPULATION of Dismissal of All Claims Herein of Plaintiff Steven Meyer With Prejudice as Against All Named Defendants Herein by Chase Home Finance LLC. (Attachments: # 1 Text of Proposed Order)(Smith, Jay) |
| Remark: Copy of Partial Remand Order (Doc. 1601) forwarded by e-mail to District of Nevada, District of Hawaii and Northern District of Georgia this date. (MAP) |
| Filing 1597 STIPULATION of Dismissal by California Reconveyance Company. (Attachments: # 1 Text of Proposed Order Order)(Larsen, Kent) |
| Filing 1596 STIPULATION of Dismissal by JPMorgan Chase Bank NA. (Attachments: # 1 Text of Proposed Order Order)(Larsen, Kent) |
| Filing 1595 Joinder re # 1573 Response in Opposition to Motion, # 1578 Response in Opposition to Motion, # 1571 Response to Motion, # 1577 Response in Opposition to Motion by Defendants Aurora Loan Services LLC, Old Republic National Title Insurance Company filed by Aurora Loan Services LLC, Old Republic National Title Insurance Company. (Perdew, P) |
| Filing 1594 MANDATE of USCA re 10-16526 dismissing the appeal as to # 912 Notice of Interlocutory Appeal filed by Rosa A Silvas. (Attachments: # 1 Memorandum, # 2 NDA). (LSP) |
| Filing 1593 Mail Returned as Undeliverable. Mail sent to Gary Coleman. Reason for return: Forwarding Time Expired. Document number 1588. (JRD) |
| Filing 1592 MOTION ADD INDISPENSIBLE PARTY by Alan E Grundel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lawton, Rick) |
| Filing 1591 Joinder re # 1573 Response in Opposition to Motion to Certify State Law Question to the Nevada Supreme Court by Defendants Executive Trustee Services LLC, GMAC Mortgage LLC. (Reichner, Henry) |
| Filing 1590 REPLY to Response to Motion re # 1563 MOTION Certify State Law Question to Nevada Supreme Court In Support of Motion to Certify questions of State Law to the Nevada Supreme Court filed by Merly CS Riger. (Nebeker, William) |
| Filing 1589 Joinder re # 1571 Response to Motion by Defendant Chicago Title Agency of Nevada Incorporated. (Ball, Zachary) |
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Filing 1588
ORDER granting # 1586 Stipulation to extend deadline for Plaintiffs' Reply in Support of Motion to Certify State Law Question to the Nevada Supreme Court ORDERED that Plaintiffs Reply in Support of Motion to Certify State Law Question to the Nevada Supreme Court responsive to the oppositions filed byQuality Loan Service Corporation and NDex West, LLC (Doc. # 1571 , # 1573 ) shall be filed on or before September 26, 2011. Signed by Judge James A Teilborg on 9/23/11. (MAP)
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| Filing 1587 *ADDITIONAL ATTACHMENT Proposed Order re # 1586 Stipulation Extending Deadline for Reply in Support of Motion to Certify State Law Question to the NV Supreme Court by Merly CS Riger. (Nebeker, William) *Modified on 9/26/2011 from "Proposed Pretrial Order" and to add # 1586 Stipulation, (LSP).* |
| Filing 1586 STIPULATION re # 1573 Response in Opposition to Motion, # 1563 MOTION Certify State Law Question to Nevada Supreme Court, # 1571 Response to Motion to Extend Deadline for Reply In Support of Motion to Certify State Law Question to the NV Supreme Court by Merly CS Riger. (Nebeker, William) |
| Filing 1585 NOTICE of Change of Address by Marilyn Fine (Fine, Marilyn) |
| Filing 1584 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to Forward. Document number 1565, 1566, 1567 and 1568. (HLA) |
| Filing 1583 Joinder re # 1578 Response in Opposition to Motion, by Defendant NDex West LLC. (DiRaimondo, Anthony) |
| Filing 1582 Joinder re # 1573 Response in Opposition to Motion, # 1578 Response in Opposition to Motion, # 1571 Response to Motion, # 1577 Response in Opposition to Motion by Defendant JPMorgan Chase Bank NA. (Reiter, Jennifer) |
| Filing 1581 MOTION for Ruling re Motion for Summary Disposition RE: Doc. #1539 by I.B. Property Holdings LLC. (Wilde, Gregory) |
| Filing 1580 Joinder re # 1578 Response in Opposition to Motion, To Certify State Law Questions to the Nevada Supreme Court by Defendant HSBC Bank USA NA filed by HSBC Bank USA NA. (Donn, Rachel) |
| Filing 1579 *Joinder In # 1573 Defendant NDeX West Opposition To Motion To Certify State Law Question To The Nevada Supreme Court by Defendant MERSCORP Incorporated. (Alexander, Cynthia) *Modified on 9/19/2011, to add link to # 1573 , (LSP).* |
| Filing 1578 *RESPONSE in Opposition re # 1563 MOTION Certify State Law Question to Nevada Supreme Court Joint Opposition To Plaintiffs Motion To Certify State Law Question To The Nevada Supreme Court filed by MERSCORP Incorporated(a Virginia corporation). (Alexander, Cynthia) *Modified on 9/19/2011, document not in compliance with LRCiv 7.1(c), (LSP).* |
| Filing 1577 RESPONSE in Opposition re # 1563 MOTION Certify State Law Question to Nevada Supreme Court filed by First Horizon Home Loans. (Yenouskas, Joseph) |
| Filing 1576 *JOINDER re # 1477 Joint MOTION to Dismiss Case, # 1544 Reply to Response to Motion, by UTLS Default Services LLC. (Handley, Laurel) *Modified on 9/14/2011 from "Motion", (LSP).* |
| Filing 1575 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Attempted Not Known; Return to Sender. Document number 1565, 1566, 1567, & 1568. (MHU) |
| Filing 1574 Joinder re # 1572 Joinder, # 1573 Response in Opposition to Motion, # 1571 Response to Motion Joinder to Quality Loan Service Corporations Response to Motion to Certify State Law Questions to the Nevada Supreme Court by Defendant HSBC Bank USA filed by HSBC Bank USA(National Association of the Luminent Mortgage Trust 2007-1). (Donn, Rachel) |
| Filing 1573 RESPONSE in Opposition re # 1563 MOTION Certify State Law Question to Nevada Supreme Court filed by NDex West LLC. (DiRaimondo, Anthony) |
| Filing 1572 Joinder re # 1571 Response to Motion by Defendant NDex West LLC. (DiRaimondo, Anthony) |
| Filing 1571 RESPONSE to Motion re # 1563 MOTION Certify State Law Question to Nevada Supreme Court filed by Quality Loan Service Corporation. (Hunter, Christopher) |
| Filing 1570 NOTICE re of Filing by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) . (Attachments: # 1 Exhibit A (Cervantes Opinion Sept. 7, 2011))(Brochin, Robert) |
| Filing 1569 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Forward Time Exp. Return to Sender. Land America Financial Group, 201 Concourse Blvd Stee 200, Glen Allen, VA 23059-5640. Document number 1551. (HLA) |
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Filing 1568
ORDER granting # 1555 Stipulation of Dismissal with Prejudice ORDERED that Defendant Western Title Company, LLC, dba Western Title Company, Inc., is hereby dismissed with prejudice from member case Riger v. First Horizon Home Loan Corporation, et al., CV-10-1209-PHX-JAT, with each party to bear their owncourt costs and attorneys' fees. Signed by Judge James A Teilborg on 9/1/11. (MAP)
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Filing 1567
ORDER granting # 1557 Stipulation of Dismissal With Prejudice. ORDERED that Defendants Ocwen Loan Servicing, LLC, MTC Financial Inc., dba Trustee Corps, and Mortgage Electronic Registration Systems, Inc. are hereby dismissed with prejudice from member case Kartman v. Ocwen Loan Servicing, LLC, et al., CV-10-489-PHX-JAT, with each party to bear their own court costs and attorneys' fees. FURTHER ORDERED that the Clerk of the Court shall close the above captioned member case. Signed by Judge James A Teilborg on 9/1/11. (MAP)
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Filing 1566
ORDER granting # 1549 Stipulation of Dismissal Without Prejudice. ORDERED that Defendant Ticor Title of Nevada, Inc. is hereby dismissed without prejudice from member case Tyler, et al. v American Home Mortgage, et al., CV-10-706-PHX-JAT, including but not limited to any claims brought by Plaintiffs Steven M. Tyler and Melva D. Tyler, with each party to bear their own court costs and attorneys fees. Signed by Judge James A Teilborg on 9/1/11. (MAP)
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Filing 1565
ORDER granting # 1548 Stipulation of Dismissal without Prejudice. ORDERED that Defendants Sierra Pacific Mortgage Company, Inc. and Greenhead Investments, Inc. are hereby dismissed without prejudice from member case Lee,et al. v. Sierra Pacific Mortgage Company, et al., CV-10-268-PHX-JAT, with each party to bear their own court costs and attorneys fees. Signed by Judge James A Teilborg on 9/1/11. (MAP)
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| Filing 1564 Minute Entry. Proceedings held before Judge James A Teilborg on 8/31/2011. Oral argument on pending motions to dismiss and taking the following motions to dismiss under advisement: # 1449 , # 1450 , # 1451 , 1453], # 1456 , # 1475 , # 1476 , # 1477 , # 1481 , # 1483 , and # 1488 . (Court Reporter David German.)(TLB) |
| Filing 1563 MOTION Certify State Law Question to Nevada Supreme Court by Merly CS Riger. (Attachments: # 1 Exhibit 1 Foust Reversal Order)(Nebeker, William) |
| Filing 1562 STIPULATION of Dismissal WMC Mortgage, LLC by Sally J Robinson-Burke. (Attachments: # 1 Text of Proposed Order Proposed Order re Stipulation to Dismiss WMC)(Nebeker, William) |
| Filing 1561 ERRATA re # 1532 Request Errata to Request for Judicial Notice (Dkt. No. 1532) by Defendant NDex West LLC. (Bult, Adam) |
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Filing 1560
ORDER pursuant to General Order 09-08 granting # 1559 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX113142 as to Nicholas B Roth. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1559 MOTION for Admission Pro Hac Vice as to attorney Nicholas B Roth on behalf of Annette Green Philpot, and Gwendell L Philpot. (BAS) |
| Filing 1558 STIPULATION of Dismissal by Alan Kartman. (Attachments: # 1 Text of Proposed Order)(Hafter, Jacob) |
| Filing 1557 STIPULATION of Dismissal Stipulation and Order to Dismiss Case with Prejudice by Alan Kartman. (Hafter, Jacob) |
| Filing 1556 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender, Unable to Forward. Document number 1521, 1522, 1523, 1524, 1525. (MHA) |
| Filing 1555 STIPULATION of Dismissal by Western Title Company Incorporated. (Attachments: # 1 Exhibit Proposed Order of Dismissal)(Beko, Thomas) |
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Filing 1554
ORDER pursuant to General Order 09-08 granting # 1551 Motion for Admission Pro Hac Vice; granting # 1552 Motion for Admission Pro Hac Vice; granting # 1553 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX112915 as to Michael R Pennington. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX112916 as to Joe R Whatley, Jr. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX112918 as to Anthony J DiRaimondo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1553 MOTION for Admission Pro Hac Vice as to attorney Michael R Pennington on behalf of GMAC Mortgage LLC, Homecomings Financial Company LLC, and Residential Funding Company LLC. (BAS) |
| Filing 1552 MOTION for Admission Pro Hac Vice as to attorney Joe R Whatley Jr on behalf of Annette Green Philpot, and Gwendell L Philpot. (BAS) |
| Filing 1551 MOTION for Admission Pro Hac Vice as to attorney Anthony J DiRaimondo on behalf of NDex West LLC. (BAS) |
| Filing 1550 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted - Not Known. Document numbers 1521 - 1525. (JRD) |
| Filing 1549 STIPULATION of Dismissal of Ticor Title of Nevada, Inc. by Ticor Title of Nevada Incorporated. (Gerrard, Douglas) |
| Filing 1548 STIPULATION of Dismissal Without Prejudice by Greenhead Investments Incorporated, Sierra Pacific Mortgage Company Incorporated. (Attachments: # 1 Text of Proposed Order Order for Dismissal Without Prejudice)(Williams, Todd) |
| Filing 1547 REPLY to Response to Motion re # 1475 MOTION to Dismiss Case - Plaintiffs' Consolidated Amended Master Complaint, On Issues Specific to Trustee Defendants filed by Aztec Foreclosure Corporation, National Default Servicing Corporation(named as National Default Servicing Company). (Fink, Jonathan) |
| Filing 1546 Joinder re # 1544 Reply to Response to Motion, and Supplemental Memorandum in support thereof by Defendant AHMSI Default Services, Inc. and by Defendant American Home Mortgage Servicing Incorporated filed by American Home Mortgage Servicing Incorporated. (Louis, Andrew) |
| Filing 1545 Joinder re # 1544 Reply to Response to Motion, and Supplemental Memorandum in Support thereof by Defendant GE Money Bank filed by GE Money Bank. (Louis, Andrew) |
| Filing 1544 REPLY to Response to Motion re # 1477 Joint MOTION to Dismiss Case filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit A)(Brochin, Robert) |
| Filing 1543 REPLY to Response to Motion re # 1456 MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Master Complaint filed by Western Progressive Trustee LLC. (Edwards, Randall) |
| Filing 1542 *REQUEST(Supplemental) for Judicial Notice in support of # 1540 REPLY to Response to Motion re # 1488 MOTION to Dismiss Third, Eighth, Eleventh and Twelfth Claims of Plaintiff's Consolidated Amended Master Complaint filed by MTC Financial Incorporated. (Attachments: # 1 Exhibit 1 to Supplemental Request for Judicial Notice, # 2 Exhibit 2- Part A, # 3 Exhibit 2; Part B, # 4 Exhibit 2; Part C, # 5 Exhibit 2; Part D, # 6 Exhibit 2; Part E, # 7 Exhibit 3, # 8 Exhibit 4)(Reynolds, Richard) *Modified on 8/18/2011 from "Reply to Response to Motion" and to add # 1540 , (LSP).* |
| Filing 1541 REPLY to Response to Motion re # 1476 MOTION to Dismiss Case filed by Federal Housing Finance Agency. (Cayne, Howard) |
| Filing 1540 *REPLY to Response to Motion re # 1488 MOTION to Dismiss Third, Eighth, Eleventh and Twelfth Claims of Plaintiff's Consolidated Amended Master Complaint filed by MTC Financial Incorporated. (Reynolds, Richard) *Modified on 8/18/2011 document not in compliance with LRCiv 7.1(c), (LSP).* |
| Filing 1539 MOTION For Order Confirming That Stipulated Injunction Is No Longer In Effect In Goodwin Member Case With Respect to Cheney Property by I.B. Property Holdings LLC. (Wilde, Gregory) |
| Filing 1538 *REPLY re # 1478 Joinder re # 1477 Joint MOTION to Dismiss Case - Reply in Support of Notice of Joinder and Motion to Dismiss filed by Litton Loan Servicing LP. (Forbes, Brian) *Modified on 8/17/2011 from "Reply to Response to Motion" and to add # 1478 , (LSP).* |
| Filing 1535 *REPLY MEMORANDUM re # 1485 Joinder to # 1477 Joint MOTION to Dismiss # 1424 Plaintiffs' First Amended Class Action Complaint filed by CitiMortgage Incorporated and CR Title Services Inc. (Ryan, James) *Modified on 8/17/2011 to correct text, (LSP).* |
| Filing 1534 REPLY to Response to Motion re # 1483 MOTION to Dismiss Case filed by Old Republic National Title Insurance Company. (Perdew, P) |
| Filing 1533 REPLY to Response to Motion re # 1481 MOTION to Dismiss Case filed by Aurora Loan Services LLC. (Perdew, P) |
| Filing 1532 REQUEST re: Request for Judicial Notice by Defendant NDex West LLC. (Bult, Adam) |
| Filing 1531 *REPLY re # 1492 Joinder to # 1477 Joint MOTION to Dismiss Case. Reply in Support of # 1453 Motion to Dismiss Consolidated Amended Complaint and REPLY re # 1492 Joinder to # 1477 Certain Defendants Joint Motion to Dismiss by Defendant NDex West LLC filed by NDex West LLC. (Bult, Adam) *Modified on 8/17/2011 from "Joinder", (LSP).* |
| Filing 1530 *REPLY to Response to Motion re # 1453 MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Complaint ; Reply in Support of # 1453 Motion to Dismiss Consolidated Amended Complaint and REPLY re # 1492 Joinder to # 1477 Certain Defendants Joint Motion to Dismiss filed by NDex West LLC. (Bult, Adam) *Modified on 8/17/2011 to correct text, (LSP).* |
| Filing 1537 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Not Deliverable as Addressed, Unable to Forward. Document number 1506. (LSP) |
| Filing 1536 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Not Deliverable as Addressed, Unable to Forward. Document number 1504. (LSP) |
| Filing 1529 *REPLY MEMORANDUM re # 1482 Joinder to # 1477 Joint MOTION to Dismiss Case Reply Memorandum of Defendant National City Mortgage in Support of its Joinder in the Joint Motion to Dismiss the Fifth Claim for Relief in the Consolidated Amended Master Complaint filed by National City Mortgage. (Schulman, Brian) *Modified on 8/16/2011 to add # 1482 , (LSP).* |
| Filing 1528 *ERRATA by Jonathan E Robinson re # 1515 Response to Motion,. (Nebeker, William) *Modified on 8/15/2011 from "Notice", (LSP).* |
| Filing 1527 NOTICE that CV 11-1587-PHX-JAT (formerly Northern District of Alabama 5:11 cv 1007) is now consolidated with and part of MDL No. 2119. Therefore, future pleadings pertaining to the above case will be filed in MDL-No. 2119. (MAP) |
| Filing 1526 MDL TRANSFER ORDER That the Motion to Vacate the Conditional Transfer Orderis Denied and the entire Philpot action is Transferred to the District of Arizona for inclusion in MDL No. 2119. (MAP) |
| Remark: Case file received from Northern District of Alabama (5:11 cv 1007), now assigned case number: CV 11-1587-PHX-JAT (MAP) |
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Filing 1525
ORDER granting # 1374 Stipulation. ORDERED that Defendant Greenhead Investments, Inc shall be dismissed without prejudice from member case CV 10-1418-PHX-JAT, the parties to bear their own costs and attorney's fees. Signed by Judge James A Teilborg on 8/11/11. (CV 10-1418-PHX) (MAP)
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Filing 1524
ORDER granting # 1455 Stipulation. ORDERED that this matter is DISMISSED as to Defendant Colonial/BB&T, with prejudice. Each party is to bear their own costs and attorneys' fees. Signed by Judge James A Teilborg on 8/11/11. (CV 10-1874-PHX) (MAP)
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Filing 1523
ORDER granting # 1464 Stipulation. ORDERED that Defendants CTX Mortgage Company, LLC, John L. Matthews, Timothy M. Bartosh, and William B. Naryka are hereby dismissed with prejudice from all claims in this multidistrict litigation. Each party is to bear their own costs and attorneys' fees. Signed by Judge James A Teilborg on 8/11/11. (CV 10-460-PHX; 10-1206-PHX; 10-1422-PHX)(MAP)
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Filing 1522
ORDER granting # 1507 Stipulation. ORDERED that Defendant Ocwen Loan Servicing, LLC is dismissed with prejudice from member case CV 10-79-PHX-JAT, including but not limited to any claims brought by Plaintiffs Goodwin, Sullivan, and Diaz, with each party to bear their own court costs and atorneys' fees. Signed by Judge James A Teilborg on 8/11/11. (CV 10-79-PHX)(MAP)
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Filing 1521
ORDER granting # 1511 Stipulation. ORDERED that member case Boyd v. Wells Fargo Bank, N.A., et al., CV-10-493-PHX-JAT is dismissed with prejudice, with each party to bear their own court costs and attorneys' fees. The property involved is 7568 Townsville Avenue, Las Vegas, Nevada, APN 176-10-213-054. Signed by Judge James A Teilborg on 8/11/11. (CV 10-493-PHX)(MAP)
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| Filing 1520 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender. Attempted - Not Known. Document number 1506. (HLA) |
| Filing 1519 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Attempted - Not Known. Unable to forward. Document number 1506. (HLA) |
| Filing 1518 RESPONSE to Motion re # 1476 MOTION to Dismiss Case filed by Jonathan E Robinson. (Nebeker, William) |
| Filing 1517 RESPONSE to Motion re # 1449 MOTION to Dismiss Case National Default Servicing Corporation's (Partial) Motion to Dismiss Plaintiffs' Consolidated Amended Master Complaint , # 1453 MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Complaint , # 1456 MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Master Complaint , # 1451 MOTION to Dismiss Case I.B. Property Holdings, L.L.C.'s Motion to Dismiss Plaintiffs' Consolidated Amended Master Complaint , # 1450 MOTION to Dismiss Case T.D. Service Company's Motion To Dismiss Plaintiffs' Consolidated Amended Master Complaint (and 1478 Litton Loan Joinder and Motion to Dismiss filed by Jonathan E Robinson. (Nebeker, William) |
| Filing 1516 RESPONSE to Motion re # 1475 MOTION to Dismiss Case - Plaintiffs' Consolidated Amended Master Complaint, On Issues Specific to Trustee Defendants , # 1488 MOTION to Dismiss Third, Eighth, Eleventh and Twelfth Claims of Plaintiff's Consolidated Amended Master Complaint filed by Jonathan E Robinson. (Nebeker, William) |
| Filing 1515 RESPONSE to Motion re # 1477 Joint MOTION to Dismiss Case, # 1485 MOTION for Joinder re # 1477 Joint MOTION to Dismiss Case MOTION for Joinder re # 1477 Joint MOTION to Dismiss Case filed by Jonathan E Robinson. (Attachments: # 1 Exhibit 1 thru 6)(Nebeker, William) |
| Filing 1514 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable To Forward. Document number 1504. (JRD) |
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Filing 1513
ORDER pursuant to General Order 09-08 granting # 1512 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 1512 MOTION for Admission Pro Hac Vice as to attorney Rebecca A Falk on behalf of Deutsche Bank National Trust Company. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX112442 as to Rebecca A Falk. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1511 STIPULATION Stipulation For Dismissal With Prejudice Re Plaintiff Thomas Boyd by Wells Fargo Bank NA. (Attachments: # 1 Exhibit)(Alexander, Cynthia) |
| Filing 1510 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender, Attempted Not Known. Document number 1504. (MHA) |
| Filing 1509 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to Forward. Document number 1493 and 1494. (HLA) |
| Filing 1508 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Attempted - Not Known, Unable to Forward. Document numbers 1493 and 1494. (JRD) |
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Filing 1507
STIPULATION AND ORDER OF DISMISSAL OCWEN LOAN SERVICING, LLC by Ocwen Loan Servicing LLC. (Chalmers, Ashley)
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Filing 1506
ORDER granting # 1409 Stipulation. ORDERED that Defendants Western Title Company, Inc., Western Exchange Services Corp., Geneva Martrinkus (erroneously named as Martrakas), Danita F. Fallen, and Meshelle Baggerman are dismissed with prejudice from the above captioned member case. Each party is to bear their own court costs and attorneys' fees. Signed by Judge James A Teilborg on 7/27/11. (CV 10-218-PHX) (MAP)
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| Filing 1505 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted - Not Known. Document number 1493 and 1494. (JRD) |
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Filing 1504
ORDER granting # 1441 Motion to Substitute Attorney, Substituting Attorney Richard J. Reynolds in place of Attorney Michael E Sullivan for Defendant MTC Financial Inc. Signed by Judge James A Teilborg on 7/22/11.(LSP)
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| Filing 1503 Joinder re # 1477 Joint MOTION to Dismiss Case (Kwok) by Defendants BAC Home Loans Servicing LP, Bank of America, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1502 Joinder re # 1477 Joint MOTION to Dismiss Case (Labasan) by Defendants Bank of America, Countrywide Mortgage Ventures LLC, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1501 Joinder re # 1477 Joint MOTION to Dismiss Case (Ludlow) by Defendant ReconTrust Company NA. (Jorgensen, J) |
| Filing 1500 Joinder re # 1477 Joint MOTION to Dismiss Case (Saniel) by Defendants Bank of America, Countrywide Home Loans Incorporated, ReconTrust Company. (Jorgensen, J) |
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Filing 1499
ORDER pursuant to General Order 09-08 granting # 1498 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 1498 MOTION for Admission Pro Hac Vice as to attorney Rachel E Donn on behalf of by HSBC Bank USA(National Association of the Luminent Mortgage Trust 2007-1), HSBC Bank USA, and HSBC Bank USA NA. (BAS) |
| Filing 1497 Joinder re # 1477 Joint MOTION to Dismiss Case by Defendant Regional Trustee Service Corporation. (Solseng, Joe) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX111794 as to Rachel E Donn. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1496 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to forward. Document number 1468 and 1469. (HLA) |
| Filing 1495 MOTION to Withdraw as Attorney by Nicole C Beebe. (Attachments: # 1 Exhibit A)(Hafter, Jacob) |
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Filing 1494
ORDER granting # 1472 Stipulation. ORDERED Defendant, OneWest Bank, FSB, incorrectly named as IndyMac Federal Bank, FSB, a division of One Bank, FSB, is dismissed without prejudice from the above captioned member case, each party to bear its own attorneys' fees and costs. Signed by Judge James A Teilborg on 7/12/11. (CV 10-427-PHX) (MAP)
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Filing 1493
ORDER granting # 1474 Stipulation. ORDERED MetLife Bank, N.A. (sometimes named as MetLife Home Loans or MetLife Group, Inc.) is dismissed without prejudice from all claims in the multidistrict litigation, each party to bear its own attorneys' fees and costs. Signed by Judge James A Teilborg on 7/12/11. (CV 10-81-PHX; 10-704-PHX; 10-1087-PHX; 10-1209-PHX)(MAP)
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| Filing 1492 Joinder re # 1477 Joint MOTION to Dismiss Case NDeX West, LLCs Joinder to Certain Defendants Joint Motion to Dismiss Plaintiffs Consolidated Amended Master Complaint Regarding Claims Related to the Formation and Operation of the MERS System and Memorandum of Law in Support (Dkt. No. 1477) by Defendant NDex West LLC. (Bult, Adam) |
| Filing 1491 *MOTION to Subsitute Attorney of Record by MTC Financial Incorporated Removal of Michael E. Sullivan and Frank C. Gilmore Only . (Sullivan, Michael) *Modified on 7/13/2011 from "Notice", (LSP).* |
| Filing 1490 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Attempted - Not Known. Document number 1468 and 1469. (JRD) |
| Filing 1489 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted - Not Known. Document number 1468 and 1469. (JRD) |
| Filing 1488 *Supplemental MOTION to Dismiss Third, Eighth, Eleventh, and Twelfth Claims of Plaintiffs' Consolidated Amended Master Complaint by MTC Financial Incorporated. (Attachments: # 1 Request for Judicial Notice with Index of Exhibits 1 - 57, # 2 RJN Exhibits 1 - 8, # 3 RJN Exhibits 9 - 16, # 4 RJN Exhibits 17 - 24, # 5 RJN Exhibits 25 - 31, # 6 RJN Exhibits 32 - 39, # 7 RJN Exhibits 40 - 43, # 8 RJN Exhibits 44 - 50, # 9 RJN Exhibits 51 - 57)(Reynolds, Richard) *Modified on 7/11/2011 from "Motion to Supplement", (LSP).* |
| Filing 1487 Joinder re # 1477 Joint MOTION to Dismiss Case And Supplemental Memorandum In Support by Defendants MortgageIT Incorporated, Deutsche Bank AG filed by MortgageIT Incorporated(a New York corporation), Deutsche Bank AG. (Braje, Karen) |
| Filing 1486 *SUPPLEMENT of Supplemental Memorandum in Support of # 1477 Certin Defendants' Joint Motion to Dismiss Plaintiffs' Consolidated Amended Master Complaint Regarding Claims Related to the Formation of the MERS System by Defendant California Reconveyance Company. (Erickson, Douglas) *Modified on 7/11/2011, to add # 1477 , (LSP).* |
| Filing 1485 *JOINDER re # 1477 Joint MOTION to Dismiss Case by CitiMortgage Incorporated. (Attachments: # 1 Exhibit A and B to CitiMortgage, Inc.'s And CR Title Services, Inc.'s Joinder and Supplemental Memorandum In Support Of Certain Defendants' Joint Motion [#1477] to Dismiss the Consolidated Amended Master Complaint)(Ryan, James) *Modified on 7/11/2011 from "Motion", (LSP).* |
| Filing 1484 Joinder re # 1477 Joint MOTION to Dismiss Case and Supplemental Memorandum in Support of Joint Motion to Dismiss case by Defendant AHMSI Default Servicing, Inc. and by Defendant American Home Mortgage Servicing Incorporated. (Alexander, Cynthia) |
| Filing 1483 MOTION to Dismiss Case by Old Republic National Title Insurance Company. (Perdew, P) |
| Filing 1482 *JOINDER and Supplemental Memorandum of Defendant National City Mortgage in Support of Its Joinder in the # 1477 Joint Motion to Dismiss the Fifth Claim for Relief in the Consolidated Amended Master Complaint by Defendant National City Mortgage. (Attachments: # 1 Exhibit Exhibits A through B, # 2 Exhibit Exhibits C through G)(Schulman, Brian) *Modified on 7/11/2011 to add "Joinder" and # 1477 , (LSP).* |
| Filing 1481 MOTION to Dismiss Case by Aurora Loan Services LLC. (Attachments: # 1 Exhibit A)(Perdew, P) |
| Filing 1480 Joinder re # 1477 Joint MOTION to Dismiss Case and Supplemental Memorandum in Support of Joint Motion to Dismiss Case by Defendant AHMSI Default Servicing, Inc. and by Defendant American Home Mortgage Servicing Incorporated by Defendant America's Home Servicing. (Alexander, Cynthia) |
| Filing 1479 Joinder re # 1477 Joint MOTION to Dismiss Case and Supplemental Memorandum in Support of Joint Motion to Dismiss Case by Defendant GE Money Bank. (Louis, Andrew) |
| Filing 1478 Joinder re # 1477 Joint MOTION to Dismiss Case by Defendant Litton Loan Servicing LP filed by Litton Loan Servicing LP. (Blase, Gregory) |
| Filing 1477 Joint MOTION to Dismiss Case by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit A-E)(Brochin, Robert) |
| Filing 1476 MOTION to Dismiss Case by Federal Housing Finance Agency. (Cayne, Howard) |
| Filing 1475 MOTION to Dismiss Case - Plaintiffs' Consolidated Amended Master Complaint, On Issues Specific to Trustee Defendants by Aztec Foreclosure Corporation, National Default Servicing Corporation(named as National Default Servicing Company). (Attachments: # 1 Request for Judicial Notice in Support of Motion to Dismiss)(Fink, Jonathan) |
| Filing 1474 STIPULATION of Dismissal Without Prejudice of MetLife Bank, N.A., by MetLife Bank NA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Brinker, Mindy) |
| Filing 1473 *Joinder re # 1477 Motion to Dismiss (WMC Mortgage, LLC, f/k/a WMC Mortgage Corp.'s Joinder and Supplemental Memorandum In Support of Joint Motion To Dismiss) by Defendant WMC Mortgage Corporation. (Beyers, Maureen) *Modified on 7/8/2011 to include # 1477 , (LSP).* |
| Filing 1472 STIPULATION of Dismissal of OneWest Bank, FSB by OneWest Bank FSB. (Fine, Marilyn) |
| Filing 1471 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Not Deliverable As Addressed - Unable to Forward. Document number 1446. (JRD) |
| Filing 1470 Additional Attachments to Main Document re # 1467 Joint MOTION to Stay Proceedings (Third Request) Text of Proposed Order by Plaintiff Lady Jennifer Barone, Defendants Chase Home Finance LLC, MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
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Filing 1469
ORDER That the joinders to the 6/13/11 Joint Motion filed by Aztec Defendants (Doc. # 1452 ), MetLife (Doc. # 1459 ), Western Title (Doc. # 1460 ), Signature Group (Doc. 1461), Cal-Western Defendants (Doc. 1462), and U.S. Bank (Doc. # 1463 ) are GRANTED. Signed by Judge James A Teilborg on 6/28/11. (MAP)
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Filing 1468
ORDER granting # 1458 Joint Motion to Extend Briefing Schedule on the following Motions to Dismiss: IB Property Holdings, LLC (Doc. # 1451 ), National Default Servicing Corporation (Doc. # 1449 ), NDex West, LLC (Doc. # 1453 ), TD Service Company (Doc. # 1450 ), and Western Progressive Trustee, LLC (Doc. # 1456 ). ORDERED Plaintiffs' responses to said motions shall be filed by 8/8/11 and any replies in support of the motions shall be filed by 8/17/11, consistent with the briefing schedule adopted in this court's order dated 6/20/11 # 1444 . Signed by Judge James A Teilborg on 6/28/11.(MAP)
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| Filing 1467 Joint MOTION to Stay Proceedings (Third Request) by Lady Jennifer Barone, Chase Home Finance LLC, MERSCORP Incorporated(a Virginia corporation). (Brochin, Robert) |
| Filing 1466 *NOTICE of Attorney of Record Substitution by AIG United Guaranty Corporation. (Kartchner, Todd) *Modified on 6/28/2011 from "Notice", (LSP).* |
| Filing 1464 STIPULATION of Dismissal and Order of Dismissal of CTX MORTGAGE COMPANY, LLC, JOHN L. MATTHEWS, TIMOTHY M. BARTOSH, and WILLIAM B. NARYKA by Timothy Bartosh, CTX Mortgage Company LLC, John L Matthews, William B Naryka. (Dodrill, Colt) |
| Filing 1465 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Return to Sender. Undeliverable as addressed. Unable to Forward. Document number 1444. (HLA) |
| Filing 1463 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant U.S. Bank NA. (Yenouskas, Joseph) *Modified on 6/28/2011 to add # 1429 and to correct text, (LSP).* |
| Filing 1462 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Cal-Western Reconveyance Corporation, Executive Trustee Services LLC, GMAC Mortgage LLC, U.S. Bank NA. (Handley, Laurel) *Modified on 6/28/2011 from "Motion for Joinder", and to correct text, (LSP).* |
| Filing 1461 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant Signature Group Holdings Incorporated filed by Signature Group Holdings Incorporated. (Nielson, Karl) *Modified on 6/28/2011 to correct text, (LSP).* |
| Filing 1460 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant Western Title Company Incorporated. (Beko, Thomas) *Modified on 6/28/2011 to correct text, (LSP).* |
| Filing 1459 Joinder re: Doc. No. 1429 - Conditional Joinder in Joint Motion for Enlargement of Time to Respond to Plaintiffs' Consolidated Amended Complaint Regarding Claims Related to the Formation and Operation of the MERS System and Stipulated Briefing Schedule and Joint Motion for Leave to Exceed Page Limitation by Defendant MetLife Bank NA filed by MetLife Bank NA. (Brinker, Mindy) |
| Filing 1458 *First MOTION for Extension of Time Joint Motion to Extend Briefing Schedule on Motions to Dismiss filed at Docs. 1449, 1450, 1451, 1453 & 1456 Plaintiffs and filing Defendants by Jonathan E Robinson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nebeker, William) *Modified on 6/28/2011 to "Motion for Extension of Time to File Response", (LSP).* |
| Filing 1457 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Forward Time Exp, Return to Sender, Land America Financial Group, 201 Concourse Blvd, Ste 200, Glen Allen VA 23059-5640. Document number 1446. (MHA) |
| Filing 1456 MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Master Complaint by Western Progressive Trustee LLC. (Attachments: # 1 Exhibit A)(Edwards, Randall) |
| Filing 1455 STIPULATION of Dismissal with Prejudice by Colonial Bank NA. (Attachments: # 1 Text of Proposed Order Order for dismissal with Prejudice)(Flangas, Alex) |
| Filing 1453 MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Complaint by NDex West LLC. (Bult, Adam) |
| Filing 1454 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Foward Time Expired; Return to Sender. Document number 1446. (MHU) |
| Filing 1452 Joinder re 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION by Defendants Aztec Foreclosure Corporation, National Default Servicing Corporation. (Fink, Jonathan) |
| Filing 1451 MOTION to Dismiss Case I.B. Property Holdings, L.L.C.'s Motion to Dismiss Plaintiffs' Consolidated Amended Master Complaint by I.B. Property Holdings LLC. (Wilde, Gregory) |
| Filing 1450 MOTION to Dismiss Case T.D. Service Company's Motion To Dismiss Plaintiffs' Consolidated Amended Master Complaint by TD Service Company. (Wilde, Gregory) |
| Filing 1449 MOTION to Dismiss Case National Default Servicing Corporation's (Partial) Motion to Dismiss Plaintiffs' Consolidated Amended Master Complaint by National Default Servicing Corporation(an Arizona Corporation). (Wilde, Gregory) |
| Filing 1448 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Forward time Exp. Return to Sender. Law Office of Thomas Stafford, 512 S 8th St., Las Vegas, NV 89101-7003. Document number 1444. (HLA) |
| Filing 1447 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Forward time exp. Return to sender. Land America Financial Group, 201 Concourse Blvd Ste 200, Glen Allen Va 23059-5640. Document number 1444. (HLA) |
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Filing 1446
ORDER That Defendant DBNTC's Joinder (Doc. # 1445 ) is GRANTED. FURTHER ORDERED that any other Defendant wishing to join the Joint Motion (Doc. # 1429 ) shall file notice of joinder on or before Monday, June 27, 2011. Signed by Judge James A Teilborg on 6/22/11. (MAP)
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| Filing 1445 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Deutsche Bank National Trust Company. (Dutra, Aaron) *Modified on 6/21/2011 to add # 1429 and to Correct Text, (LSP).* |
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Filing 1444
ORDER granting # 1429 Joint Motion for Extension of Time. ORDERED 1. Defendants joining the Joint Motion and Stipulated Briefing Schedule ("Joined Defendants") shall have until 7/8/11 to respond to Plaintiffs' Consolidated Amended Master Complaint Regarding Claims Related to the Formation and Operation of the MERS System (Doc. # 1424 ), and the Joined Defendants may file a Joint Motion to Dismiss with a page limit of fifty (50) pages; 2. Plaintiffs' shall have until 8/8/11 to respond to the Joined Defendants' motions to dismiss and the Plaintiffs may file a response to the Joined Defendants' Joint Motion to Dismiss with a page limit of fifty (50) pages; and 3. Joined Defendants shall have until 8/17/11 to reply to Plaintiffs' Responses to the Joint Motion to Dismiss and the Joined Defendants may file a Reply support of their Joint Motion to Dismiss with a page-limit of thirty-two (32) pages. Signed by Judge James A Teilborg on 6/20/11. (MAP)
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| Filing 1443 REQUEST re: Removal from Service List and Caption by Defendant Security Title Agency Incorporated. (Scheurich, Michael) |
| Filing 1442 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant MTC FINANCIAL INC. filed by MTC FINANCIAL INC.. (Reynolds, Richard) *Modified on 6/20/2011 to add # 1429 and to correct text, (LSP).* |
| Filing 1441 *MOTION to Substitute Attorney by Richard Joseph Reynolds (Reynolds, Richard) *Modified on 6/20/2011 from "Notice of Attorney Substitution", (LSP).* |
| Filing 1440 NOTICE of Appearance by Richard Joseph Reynolds on behalf of MTC Financial Incorporated (Reynolds, Richard) |
| Filing 1439 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Central Mortgage Company. (Fischbach, William) *Modified on 6/17/2011 from "Motion for Joinder" and to Correct Text, (LSP).* |
| Filing 1438 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Intervenor Defendant Federal Housing Finance Agency. (Cayne, Howard) *Modified on 6/17/2011 to Correct Text, (LSP).* |
| Filing 1437 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant MortgageIT Incorporated. (Braje, Karen) *Modified on 6/17/2011 to Correct Text, (LSP).* |
| Filing 1436 *NOTICE of Attorney Substitution by Richard Joseph Reynolds (Reynolds, Richard) Modified on 6/20/2011, document filed in error, refiled at # 1441 , (LSP).* |
| Filing 1435 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant Cooper Castle Law Firm LLP. (Waite, Aaron) *Modified on 6/17/2011 to Correct Text, (LSP).* |
| Filing 1434 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendants HSBC Bank USA, OneWest Bank FSB. (Fine, Marilyn) *Modified on 6/17/2011 to Correct Text (LSP).* |
| Filing 1433 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendants OneWest Bank FSB, Quality Loan Service Corporation. (Hunter, Christopher) *Modified on 6/16/2011 to Correct Text (MAP). |
| Filing 1432 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., by Defendant Chicago Title Agency of Nevada Incorporated. (Ball, Zachary) *Modified on 6/16/2011 to Correct Text (MAP)*. |
| Filing 1431 *Joinder re # 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION of America's Servicing Company, et al., filed by HSBC Bank USA NA, Litton Loan Servicing LP, U.S. Bank NA. (Blase, Gregory) *Modified on 6/16/2011 to Correct Text (MAP)*. |
| Filing 1430 REQUEST re: Request for Removal from Service List and Caption by Defendant Pulte Mortgage LLC. (Thueson, Sean) |
| Filing 1429 Joint MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS CONSOLIDATED AMENDED MASTER COMPLAINT REGARDING CLAIMS RELATED TO THE FORMATION AND OPERATION OF THE MERS SYSTEM (ECF NO. 1424) AND STIPULATED BRIEFING SCHEDULE AND JOINT MOTION FOR LEAVE TO EXCEED PAGE LIMITATION (FIRST REQUEST) (Joint Motion by Plaintiffs party to ECF No 1424 and by America's Servicing Company, America's Wholesale Lender, American Home Mortgage Servicing Incorporated, Aurora Loan Services LLC, BAC Home Loans, BAC Home Loans Servicing LP, Bank of America NA, Bank of New York Mellon, CR Title Services Incorporated, California Reconveyance Company, Chase Home Finance LLC, CitiMortgage Incorporated, Countrywide Bank FSB, Countrywide Home Loans Incorporated, EMC Mortgage Corporation, Executive Trustee Services LLC, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, First Horizon Home Loan Corporation, GE Money Bank, GMAC Mortgage LLC, HSBC Bank USA NA, HSBC Mortgage Corporation USA, Housekey Financial Corporation, JPMorgan Chase Bank NA, MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated, National City Mortgage, Old Republic National Title Insurance Company, ReconTrust Company NA, U.S. Bank NA, WMC Mortgage Corporation, Wells Fargo Bank NA. (Attachments: # 1 Text of Proposed Order)(Brochin, Robert) |
| Filing 1428 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable to Forward; Return to Sender. Document number 1419, 1420, and 1421. (MHU) |
| Filing 1427 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: ANK. Document number 1419, 1420, and 1421. (HLA) |
| Filing 1426 NOTICE of Appearance by John Michael DeStefano, III on behalf of Wells Fargo Bank NA, Wells Fargo Home Mortgage (DeStefano, John) |
| Filing 1425 MOTION MOTION TO REMAND CERTAIN CLAIMS FROM CTO-12 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1424 AMENDED COMPLAINT (Consolidated Amended Master Complaint Regarding Claims Related to the Formation and Operation of the MERS Systems against Jonathan E Robinson, filed by Jonathan E Robinson. (Attachments: # 1 Exhibit List of Case Plaintiff Members, # 2 Exhibit List 01 thru 57, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6-14, # 9 Exhibit 15-17, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21-26, # 14 Exhibit 27-32, # 15 Exhibit 33-38, # 16 Exhibit 39-44, # 17 Exhibit 45-51, # 18 Exhibit 52-57)(Nebeker, William) |
| Filing 1423 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender, Attempted-Not Known. Document number 1419, 1420, 1421. (MHA) |
| Filing 1422 NOTICE that CV 11-8085-PCT-JAT (bifurcated from CV 11-8016-PCT) is now consolidated with and part of MDL NO. 2119. Therefore, future pleadings pertaining to the above case will be filed in MDL No. 2119. (MAP) |
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Filing 1421
ORDER granting # 1410 Motion to Remand. ORDERED that with respect to Barone (CV-11-08016-PCT-JAT), claims 4, 5, 7 and 8 remain with the undersigned as part of the MDL and claims 1-3 and 6 are remanded to the transferor court. To accomplish this remand, the Clerk of the Court is directed to bifurcate Barone into two cases; the Clerk of the Court shall draw and assign a new Prescott case number to the portion of the Barone case that is remaining with the undersigned and the Clerk of the Court shall consolidate that case number into the MDL as a member case. The Clerk of the Court shall transfer the original Barone case number back to the transferor court (Judge Martone). Signed by Judge James A Teilborg on 5/26/11. (MAP)
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Filing 1420
ORDER granting # 1346 Motion to Substitute Attorney. ORDERED that Zachary T. Ball of Fidelity National Law Group is hereby substituted as attorney of Defendant Fidelity National Title, in place and stead of Douglas D. Gerrard of Gerrard Cox Larsen. Signed by Judge James A Teilborg on 5/26/11. (CV 10-475-PHX) (MAP)
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Filing 1419
ORDER granting # 1407 Motion to Withdraw as Counsel. ORDERED that Christopher Schwindt and David W. Richardson of the law firm Schwindt Richardson LLC are allowed to withdraw as counsel of record for Plaintiffs Pablo Leon and Irene S. Rodriguez in member case Leon, et al. v. Ownit MortgageSolutions, Inc., et al., CV 10-1474-PHX-JAT. FURTHER ORDERED that all trial notices and documents will be mailed and/or served on Plaintiffs Pablo Leon and Irene S. Rodriguez at 15029 Emerson Court, Oregon City, OR 97045. Signed by Judge James A Teilborg on 5/26/11. (CV 10-1474-PHX) (MAP)
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| Filing 1418 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted - Not Known. Document numbers 1411, 1412, 1413, and 1414. (JRD) |
| Filing 1417 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable To Forward. Document numbers 1411, 1412, 1413, and 1414. (JRD) |
| Filing 1416 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Attempted - Not Known. Document numbers 1411 through 1414. (JRD) |
| Filing 1415 RESPONSE to Motion re # 1410 MOTION to Remand Certain Claims from Barone (11-8016) re # 1375 Order on Motion for Miscellaneous Relief,,, Re MERS filed by Lady Jennifer Barone. (Nebeker, William) |
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Filing 1414
ORDER that all parties to the case listed above are bound by the Initial Practice and Procedure Order (Doc. # 25 ). FURTHER ORDERED that any motions pending in the case listed above are hereby denied without prejudice. Any hearings or pretrial deadlines previously set by any other court are hereby vacated. The refiling of any motions is addressed below. FURTHER ORDERED that, Defendant MERS shall, by 6/6/11, file a motion to remand all claims that it asserts the panel remanded to the respective transferor court in the transfer order. Plaintiffs and the non-moving Defendants shall respond to this motion to remand by 7/5/11 and in the responses shall specify what claims they agree were remanded, what additional claims, if any, they seek to remand, and what claims, if any, they assert were not remanded; Defendant MERS shall reply (in a consolidated reply) by July 29, 2011. SEE ORDER FOR FULL DETAILS. Signed by Judge James A Teilborg on 5/6/11. (CV 11-722-PHX) (MAP)
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Filing 1413
ORDER That Defendants' Motions to Dismiss at MDL Docket Number # 401 , # 576 , # 584 , # 585 , # 595 , # 598 , # 605 , # 641 , # 708 , # 712 , # 736 , # 750 , # 752 , # 753 , # 775 , # 778 , # 785 , # 786 , # 787 , # 789 , # 1003 , # 1016 , # 1017 , # 1018 , # 1023 , # 1057 , # 1257 , # 1266 , # 1289 , # 1291 , # 1292 , # 1293 , # 1294 , # 1295 , and # 1386 , CV-10-219-PHX-JAT Doc. 65, CV-10-425-PHX-JAT Doc. 41, CV-10-455-PHX-JAT, Doc 47, CV-10-459-PHX-JAT Doc. 43, CV-10-460-PHX-JAT Doc. 36, CV-10-1085-PHX-JAT Doc. 24, and CV-10-1209-PHX-JAT Doc. 56 are denied without prejudice. FURTHER ORDERED granting Defendants' Motions for Judicial Notice at Docket Numbers # 535 , # 598 , # 599 , # 602 , # 610 , # 611 , # 696 , # 713 , # 777 , # 1019 , # 1024 , and # 1067 . FURTHER ORDERED denying # 1256 , # 1327 Plaintiffs' Motions for Reconsideration. FURTHER ORDERED denying as moot # 1330 Motion to Strike. FURTHER ORDERED denying without prejudice # 1179 Defendants' Motion for Judgment on the Pleadings. FURTHER ORDERED denying without prejudice # 1092 Plaintiff's Motion for Summary Judgment for Plaintiff. FURTHER ORDERED denying as moot # 1182 Defendant's Motion for Ruling. FURTHER ORDERED denying as moot # 1334 , # 1336 Plaintiffs' Motions for Leave to File Excess Pages. FURTHER ORDERED denying as moot # 1389 Defendant's Motion for Extension of Time to File Response/Reply. FURTHER ORDERED that Plaintiffs' Lead Counsel shall file and serve their Consolidated Amended Complaint no later than 6/4/11, which shall be the operative complaint in the below-listed cases for all claims which have been transferred to this MDL, and which shall supercede the other complaints filed in and/or transferred to this Court: SEE ORDER FOR COMPLETE LIST OF CASE NUMBERS. FINALLY ORDERED that within twenty days following the filing of this Consolidated Amended Complaint, Defendants shall answer or otherwise respond (including filing motions to dismiss) to the Consolidated Amended Complaint. Oral argument on any motions to dismiss will be set for 8/31/11 at 9:00 a.m., and counsel should plan accordingly. Signed by Judge James A Teilborg on 5/5/11.(MAP)
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| Remark: Certified Copy of Order # 1412 sent to District of Nevada. (MAP) |
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Filing 1412
AMENDED ORDER (re # 1411 Order) granting # 1096 Motion to Remand Certain Claims as follows: With respect to Caffee, Gillespie, and Huck, claims 7-10 and part of claims 1-5 and 14 remain with the undersigned as part of the MDL and claim 6 and part of claims 1-5 and 14 have been remanded to the transferor court. FURTHER ORDERED that MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 5/5/11. (CV 10-401-PHX; 10-413-PHX; 10-415-PHX) (MAP)
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Filing 1411
*AMENDED By Doc. # 1412 ORDER granting # 1096 Motion to Remand Certain Cliams as follows: With respect to Caffee, Gillespie, and Huck, claims 7-10 and part of claims 1-5 and 14 remain with the undersigned as part of the MDL and claim 6 and part of claims 1-5 and 14 have been remanded to the transferor court. FURTHER ORDERED that MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 5/5/11. (CV 10-217-PHX; 10-219-PHX; 10-268-PHX) (MAP) *Modified on 5/5/2011 (MAP)*.
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| Filing 1410 MOTION to Remand Certain Claims from Barone (11-8016) re # 1375 Order on Motion for Miscellaneous Relief,,, by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 1409 STIPULATION of Dismissal with Prejudice as to Western Title Company, Western Exchange Services Corp, Geneva Martrinkus, Danita F. Fallen and Meshelle Baggerman by Western Title Company Incorporated. (Attachments: # 1 Proposed Order of Dismissal with Prejudice)(Beko, Thomas) |
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Filing 1406
ORDER pursuant to General Order 05-25 granting # 1405 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX108942 as to Christopher Schwindt. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1408 AFFIDAVIT of Christopher Schwindt re # 1407 MOTION as Counsel for Plaintiffs Pablo E Leon and Irene E Rodriguez and to Substitute Plaintiffs Pro Se by Plaintiffs Pablo E Leon, Irene E Rodriguez. (CV 10-1474 - Leon) (MAP) |
| Filing 1407 MOTION to Withdraw as Counsel for Plaintiffs Pablo E Leon and Irene E Rodriguez and toi Substitute Plaintiffs Pro Se by Pablo E Leon, Irene E Rodriguez. (Attachments: # 1 Text of Proposed Order) (CV 10-1474 - Leon) (MAP) |
| Filing 1405 MOTION for Admission Pro Hac Vice as to attorney Christopher Schwindt on behalf of Pablo E Leon, and Irene E Rodriguez. (BAS) |
| Filing 1404 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Unclaimed. Document number 1375. (JRD) |
| Filing 1403 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Unclaimed. Document number 1371 and 1372. (JRD) |
| Filing 1402 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Unclaimed. Document number 1370. (JRD) |
| Filing 1401 NOTICE that CV 11-772-PHX-JAT (formerly District of Nevada 3:11 cv 208) is now consolidated with and part of MDL No. 2119. Therefore, future pleadings pertaining to the above case will be filed in MDL-No. 2119. (MAP) |
| Remark: Case file received from District of Nevada (3:11 cv 208), now assigned case number: CV 11-772-PHX-JAT. (MAP) |
| Filing 1400 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Forward Time Expired, Returned To Sender. Document number 1387. (JRD) |
| Filing 1399 Mail Returned as Undeliverable. Mail sent to Edel Molina. Reason for return: Unclaimed - Unable to Forward. Document number 1387. (JRD) |
| Filing 1398 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to Forward. Document number 1375. (HLA) |
| Filing 1397 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Attempted - Not Known. Unable to Forward. Document number 1371 and 1371. (HLA) |
| Filing 1395 CERTIFIED MDL TRANSFER ORDER (CTO-12) AND SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS Pursuant to 28 USC 1407. See Order for Details. (MAP) |
| Remark: Certified Copy of MDL Transfer Order (CTO-12) forwarded to the district of Nevada requesting the transfer of case file: Nevada (3:11 cv 208) (MAP) |
| Filing 1394 *REPLY to Response to Motion re # 708 MOTION to Dismiss Case by HSBC Bank USA and OneWest Bank, FSB filed by HSBC Bank USA(National Association of the Luminent Mortgage Trust 2007-1), OneWest Bank FSB. (Fine, Marilyn) Modified on 4/14/2011, document not in compliance with LRCiv 7.1(c), (LSP).* |
| Filing 1393 Mail Returned as Undeliverable. Mail sent to Elena Hora. Reason for return: Return to Sender. Moved Left No Address. Unable to Forward. Document number 1328. (HLA) |
| Filing 1392 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender. Attempted - Not Known. Document number 1370. (SCANNED IMAGE IS BEST EFFORT). (HLA) |
| Filing 1391 RESPONSE to Motion re # 1389 MOTION for Extension of Time to File Response/Reply (First Horizon's Opposition to Plaintiffs' Requests to File Oppositions to Motions to Dismiss Out of Time) filed by First Horizon Home Loans. (Yenouskas, Joseph) |
| Filing 1396 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted - Not Known. Document number 1371 & 1372. (JRD) |
| Filing 1389 *RESPONSE in Opposition re # 787 MOTION to Dismiss Case REQUEST FILE LATE RESPONSE filed by Dennis Duncan. (Lawton, Rick) Modified to include "Motion for Extension of Time to File Response" on 4/12/2011 (LSP).* |
| Filing 1390 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Attempted Not Known; Unable to Forward; Return to Sender. Document number 1366 & 1370. (Attachments: # 1 Returned Mail)(MHU) |
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Filing 1388
*ORDER that HSBC and One West's Reply in support of its Motion to Dismiss (Doc. 708) will be due on or before 4/14/11. FURTHER ORDERED that HSBC and One West's Emergency Motion to Extend Time to File Reply (Doc. 1382) is denied as moot. Signed by Judge James A Teilborg on 4/11/11. (MAP) Modified on 4/11/2011 to Reflect Duplictae Filing of Doc. # 1387 (MAP)*.
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Filing 1387
ORDER that HSBC and One West's Reply in support of its Motion to Dismiss (Doc. # 708 ) will be due on or before 4/14/11. FURTHER ORDERED denying as moot # 1382 Emergency Motion for Extension of Time. Signed by Judge James A Teilborg on 4/11/11. (CV 10-427-PHX)(MAP)
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| Filing 1386 MOTION to Dismiss Case Riger-Case no. 10-1209 by Quality Loan Service Corporation. (Attachments: # 1 Exhibit Deed of trust, # 2 Exhibit Assignment, # 3 Exhibit Subsitution, # 4 Exhibit Notice of default, # 5 Exhibit Deed of trust, # 6 Exhibit subsitution, # 7 Exhibit Notice of default, # 8 Exhibit Notice of sale, # 9 Exhibit Trustee's deed)(Hunter, Christopher) |
| Filing 1385 STIPULATION re # 1382 Emergency MOTION for Extension of Time Emergency Motion to Extend Time by OneWest Bank FSB. (Fine, Marilyn) |
| Filing 1384 Joinder re # 1381 Reply to Response to Motion,, Consolidated Reply re: Funk, Freeto & Vo by Defendant Quality Loan Service Corporation. (Hunter, Christopher) |
| Filing 1383 NOTICE re Notice of Non Opposition to First Horizon Home Loans' Motion to Dismiss [Dkt 787] by First Horizon Home Loans re # 787 MOTION to Dismiss Case. (Stern, Ariel) |
| Filing 1382 Emergency MOTION for Extension of Time Emergency Motion to Extend Time by HSBC Bank USA(National Association of the Luminent Mortgage Trust 2007-1), OneWest Bank FSB. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fine, Marilyn) *Modified on 4/8/2011, document not text searchable* (DMT). |
| Filing 1381 REPLY to Response to Motion re # 1293 MOTION to Dismiss Case Ellifritz #10-0427 , # 1292 MOTION to Dismiss Case Barlow #10-455 , # 1295 MOTION to Dismiss Case Sage #10-456 , # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 , # 1294 MOTION to Dismiss Case McConathy #10-428 filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1380 REPLY to Response to Motion re # 776 MOTION to Dismiss Case, # 778 MOTION to Dismiss Case Huck filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) |
| Filing 1379 REPLY to Response to Motion re # 736 MOTION to Dismiss Case Motion To Dismiss Complaint Against T.D. Service Company T.D. Service Company's Reply to Opposition to Motion to Dismiss (Sage) filed by TD Service Company. (Wilde, Gregory) |
| Filing 1378 REPLY to Response to Motion re # 1266 MOTION to Dismiss Party T.D. Service Company T.D. Service Company's Motion to Dismiss T.D. Service Company's Reply to Opposition to Motion to Dismiss (Barlow) filed by TD Service Company. (Wilde, Gregory) |
| Filing 1377 REPLY to Response to Motion re # 1291 MOTION to Dismiss Case (Huck) , # 1289 MOTION to Dismiss Case (Duncan) filed by Bank of America NA, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, Kumud Patel, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1376 REPLY to Response to Motion re # 750 MOTION to Dismiss Case (Freeto) , # 753 MOTION to Dismiss Case and Joinder in Motion to Dismiss by Litton Loan Servicing LP (Doc. No. 750) (Freeto) filed by Bank of New York Mellon, JPMorgan Chase Bank NA, Litton Loan Servicing LP. (Blase, Gregory) |
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Filing 1375
ORDER granting # 1271 Motion to Transfer as to Lady Jennifer Barone v. Chase Home Finance LLC, et al., CV-11-8016-PCT-FJM. FURTHER ORDERED that with respect to the transferred case, the Clerk of the Court shall reassign it to the undersigned, but shall not consolidate it into the MDL. FURTHER ORDERED that even though this case has not been consolidated into the MDL, the parties are nonetheless bound by the Initial Practice and Procedure Order (Doc. # 25 ) in the MDL. FURTHER ORDERED that all pending motions in the transferred case are denied, without prejudice. Any hearings or pretrial deadlines previously set by any other court are hereby vacated. The refiling of any such motions is addressed below...See Order FURTHER ORDERED that the Clerk of the Court shall file a copy of this order in docket of the transferred case. Signed by Judge James A Teilborg on 4/5/11. (CV 11-8016-PCT)(MAP)
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| Filing 1374 STIPULATION of Dismissal Without Prejudice by Greenhead Investments Incorporated, Sierra Pacific Mortgage Company Incorporated, Sierra Pacific Mortgage Services Incorporated. (Attachments: # 1 Text of Proposed Order Proposed Order for Dismissal Without Prejudice)(Williams, Todd) |
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Filing 1372
ORDER granting # 1365 Stipulation. That Defendant Sierra Pacific Mortgage Company, Inc. shall be dismissed without prejudice from the member case, CV 10-1418-PHX, the parties to bear their own costs and attorney's fees. Signed by Judge James A Teilborg on 4/4/11. (MAP)
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Filing 1371
ORDER granting # 1368 Stipulation of Dismissal. ORDERED that Defendants Sierra Pacific Mortgage Company, Inc. and Greenhead Investments shall be dismissed without prejudice from member case, CV 10-1083-PHX, the parties to bear their own costs and attorney's fees. Signed by Judge James A Teilborg on 4/4/11. (MAP)
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| Filing 1373 Mail Returned as Undeliverable. Mail sent to Regan Velasquez. Reason for return: Return to Sender. Not here. Document number 1319, 1320, and 1321. (HLA) |
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Filing 1370
ORDER that Defendant MortgageIT, Inc.'s Motion for Summary Disposition (Doc. # 853 ) is granted, thus IT IS FURTHER ORDERED that MortgageIT, Inc.'s Motion to Dismiss (Doc. # 592 ), Defendant Countrywide Home Loans, Inc.'s Motion to Dismiss (Doc. # 607 ), Defendants MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (Doc. # 782 ), and Defendant Chicago Title's Motion to Dismiss (Doc. # 850 ) are granted. Therefore, all claims pending before this Court in Hall v. MortgageIT, Inc., et al., CV 10-473-PHX-JAT are dismissed. FINALLY ORDERED that the Clerk of the Court shall close the above captioned member case. Signed by Judge James A Teilborg on 3/31/11. (MAP)
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| Remark as to out of state attorney Patricia McHenry - removed for noncompliance with admission procedures - party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1369 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Attempted - Not Known. Unable to Forward.. Document number 1351, 1352, 1353, 1354, and 1355. (HLA) |
| Filing 1368 STIPULATION of Dismissal Without Prejudice by Greenhead Investments Incorporated, Sierra Pacific Mortgage Company Incorporated, Sierra Pacific Mortgage Services Incorporated. (Attachments: # 1 Text of Proposed Order)(Williams, Todd) |
| Filing 1367 REPLY to Response to Motion re # 1304 MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, filed by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
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Filing 1366
ORDER (re Order # 1353 ) that the Motion to Remand Certain Claims (Doc. # 475 ) is granted such that claim 10 of Beebe remains with the undersigned as part of the MDL. FURTHER ORDERED that MERS shall file a copy of this Order with the transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in the above captioned member case. Signed by Judge James A Teilborg on 3/30/11. (CV 10-786-PHX) (MAP)
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| Remark: Certified Copy of Order # 1366 sent to District of Nevada (MAP) |
| Filing 1365 STIPULATION of Dismissal Without Prejudice by Sierra Pacific Mortgage Company Incorporated, Sierra Pacific Mortgage Services Incorporated. (Attachments: # 1 Text of Proposed Order Order for Dismissal Without Prejudice)(Williams, Todd) |
| Filing 1364 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Sean D Thueson, counsel for Defendant Pulte Mortgage LLC (Thueson, Sean) |
| Filing 1363 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Return to Sender. Unable to Forward. Document number 1328. (HLA) |
| Filing 1362 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender. Attempted - Not Known. Document number 1351, 1352, 1353, 1354, 1355, and 1356. (HLA) |
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Filing 1361
ORDER pursuant to General Order 05-25 granting # 1359 Motion for Admission Pro Hac Vice; granting # 1360 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX107944 as to Gary Victor Dubin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX107945 as to Frederick J Arensmeyer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1360 MOTION for Admission Pro Hac Vice as to attorney Gary Victor Dubin on behalf of Juanita Faye Pualani Lee. (BAS) |
| Filing 1359 MOTION for Admission Pro Hac Vice as to attorney Frederick J Arensmeyer on behalf of Juanita Faye Pualani Lee. (BAS) |
| Filing 1358 RESPONSE in Opposition re # 778 MOTION to Dismiss Case Huck , # 1289 MOTION to Dismiss Case (Duncan) , # 752 MOTION to Dismiss Case (Duncan) , # 1291 MOTION to Dismiss Case (Huck) filed by Dennis Duncan. (Lawton, Rick) |
| Filing 1357 RESPONSE in Opposition re # 712 MOTION to Dismiss Counts/Claims : Retained Claims, # 708 MOTION to Dismiss Case filed by Stuart M Ellifritz. (Lawton, Rick) |
| Remark: Certified Copies of the following Orders sent to following districts: Order # 1352 sent to District of Nevada; Order # 1353 sent to District of Nevada and C. D. California; Order # 1354 sent to District of Nevada, South Carolina, Oregon and E.D. California; Order # 1355 , # 1356 sent to District of Nevada. All Orders regarding Partial Remand. (MAP) |
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Filing 1356
AMENDED ORDER (Re Order # 1355 ) that the Motions to Remand Certain Claims # 1163 are GRANTED as follows: With respect to Huyhn and Youngren claims 7-10 and part of claims 1-5 and 14 remain with the undersigned as part of the MDL and claim 6 and part of claims 1-5 and 14 have been remanded to the transferor court. In Youngren, no claim against Litton Loan Servicing LP is remanded. With respect to Lee claims 8-10 and part of claims 1-5, 7 and 14 remain with the undersigned as part of the MDL and claim 6 and part of claims 1-5, 7 and 14 have been remanded to the transferor court. FURTHER ORDERED that MERS shall file a copy of this Order with the each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed. Signed by Judge James A Teilborg on 3/21/11. (CV 10-217-PHX; CV 10-219-PHX; CV 10-268-PHX) (MAP)
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Filing 1355
*AMENDED By Doc. # 1356 ORDER that the Motions to Remand Certain Claims # 1163 are GRANTED as follows: With respect to Huyhn and Youngren claims 7-10 and part of claims 1-5 and 14 remain with the undersigned as part of the MDL and claim 6 and part of claims 1-5 and 14 have been remanded to the transferor court. In Youngren, no claim against Litton Loan Servicing LP is remanded. With respect to Lee claims 8-10 and part of claims 1-5, 7 and 14 remain with the undersigned as part of the MDL and claim 6 and part of claims 1-5, 7 and 14 have been remanded to the transferor court. FURTHER ORDERED that MERS shall file a copy of this Order with the each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed...SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 3/21/11. (CV 10-207-PHX; CV 10-219-PHX; CV 10-268-PHX) (MAP) *Modified on 3/21/2011 (MAP)*.
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Filing 1354
ORDER that the Motions to Remand Certain Claims # 891 , # 1031 , # 1176 are GRANTED as follows: With respect to Ludlow claims 1-4, 8, and 9 and part of claims 5-7, 10 and 11 remain with the undersigned as part of the MDL and part of claims 5-7, 10 and 11 have been remanded to the transferor court. With respect to Sedlmayr, Gothan and Meyer claims 2, 5-9, and 13 and part of claims 1, 3, 4, 10, 11 and 12 remain with the undersigned as part of the MDL and part of claims 1, 3, 4, 10, 11 and 12 have been remanded to their respective transferor courts. With respect to Yeghiyaian and Camacho-Villa claims 2, 5-9, and 13 and part of claims 3, 4, 10, 11 and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4, 10, 11 and 12 have been remanded to their respective transferor courts. With respect to Riger claims 1 and 2 and part of claims 3 and 4 remain with the undersigned as part of the MDL and part of claims 3 and 4 have been remanded to the transferor court. With respect to Habon claims 1, 2, 3, and 5 and part of claims 4 and 6 remain with the undersigned as part of the MDL and part of claims 4 and 6 have been remanded to the transferor court. With respect to Youmans, Sandefur and Spracklin the entirety of each case shall remain with the undersigned. With respect to Leon claims 1, 2, 3, 4, 10 and 11 and part of claims 8, 9, and 12 remain with the undersigned as part of the MDL and claims 5, 6 and 7 and part of claims 8, 9, and 12 have been remanded to the transferor court. In regard to the Eighth Claim, alleged violations 1-6, 16-17, and 19-21 remain with the undersigned and alleged violations 7-15, 18, 22, and 23 are remanded. With respect to Singh claims 4, 5, 8 and 9 and part of claims 6, 7, and 10 remain with the undersigned as part of the MDL and claims 1-3 and part of claims 6, 7, and 10 have been remanded to the transferor court. With respect to Harnist and Vega claims 2, 5-9 and 12-13 and part of claims 1, 3-4 and 10-11 remain with the undersigned as part of the MDL and part of claims 1, 3-4 and 10-11 have been remanded to the transferor court. FURTHER ORDERED that MERS shall file a copy of this Order with the each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed on page 2....SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 3/21/11. (CV 10-1205-PHX; 10-206-PHX; 10-1207-PHX; 10-1208-PHX-JAT; 10-1209-PHX; 10-1210-PHX; 10-1418-PHX; 10-1419-PHX; 10-1420-PHX; 10-1421-PHX; 10-1422-PHX; 10-1474-PHX; 10-1873-PHX; 10-1874-PHX; 10-1875-PHX) (MAP)
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Filing 1353
ORDER that the Motions to Remand Certain Claims # 475 , # 642 are granted as follows: With respect to Beebe claims 2, 3, 4 and 5 and part of claims 6-9 remain with the undersigned as part of the MDL and claim 1 and part of claims 6-9 have been remanded to the respective transferor court. With respect to Martinez and Kelley the entirety of each case shall remain with the undersigned. With respect to Fund and Gothan claims 2, 5-9, and 13 and part of claims 1, 3, 4, 10, 11 and 12 remain with the undersigned as part of the MDL and part of claims 1, 3, 4, 10, 11 and 12 have been remanded to their respective transferor courts. With respect to Sieben and Sanchez claims 2, 5-9, and 13 and part of claims 3, 4, 10, 11 and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4, 10, 11 and 12 have been remanded to their respective transferor courts. FURTHER ORDERED that MERS shall file a copy of this Order with the each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed...SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 3/21/11. (CV 10-786-PHX; CV 10-1082-PHX; CV 10-1083-PHX; CV 10-1084-PHX-CV 10-1085-PHX; CV 10-1086-PHX; CV 10-1087-PHX) (MAP)
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Filing 1352
ORDER that the Motion to Remand Certain Claims # 397 is granted as follows: With respect to Labasan claims 1, 2, 7 and 8 and part of claim 6 remain with the undersigned as part of the MDL and part of claims 3-5 have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. With respect to Mausert claims 1-4 and 8 and part of claims 5-7 and 9 remain with the undersigned as part of the MDL and part of claims 5-7 and 9 have been remanded to their respective transferor courts. With respect to Riehm claims 1-4, part of claim 5, and part of claim 6 (i.e., injunctive relief, declaratory relief, and quiet title) remain with the undersigned as part of the MDL and claim 7, part of claim 5, and parts of claim 6 (i.e., injunctive relief, declaratory relief, and reformation) have been remanded to their respective transferor courts. With respect to Roberts, Mikulaco, Tyler, and Gutierrez claims 2, 5-9, 13 and 14 and part of claims 1, 3, 4, 10, 11 and 12 remain with the undersigned as part of the MDL and part of claims 1, 3, 4, 10, 11 and 12 have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in each member case listed...SEE ORDER FOR COMPLETE DETAILS. Signed by Judge James A Teilborg on 3/21/11. (CV 10-699-PHX; 10-702-PHX; 10-703-PHX; 10-704-PHX; CV 10-705-PHX; CV 10-706-PHX; CV 10-707-PHX) (MAP)
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Filing 1351
ORDER Dismissing Member Case Sieben, et al. v. Countrywide Home Loans, Inc., et al., CV 10-416-PHX-JAT, with prejudice, the parties to bear their own costsand attorneys fees. FURTHER ORDERED that the Clerk of the Court shall close the above captioned member case. Signed by Judge James A Teilborg on 3/21/11.(MAP)
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| Filing 1350 *Joinder by One West Bank, FSB's Joinder to # 1330 Certain Defendants' Motion to Strike Request to Submit Motion for Reconsideration by Defendant OneWest Bank FSB filed by OneWest Bank FSB. (Fine, Marilyn) Modified to add # 1330 on 3/21/2011 (LSP).* |
| Filing 1349 *LODGED Proposed Order Granting Chase Home Finance LLC's Joinder to Motions to Dismiss Filed by Mortgage Electronic Registration Systems, Inc. and First Horizon Home Loans, a Division of First Tennessee Bank National Association re: # 1292 MOTION to Dismiss Case Barlow #10-455 . Filed by Chase Home Finance LLC. (Smith, Jay) Modified from "Lodged Proposed Document" on 3/21/2011 (LSP).* |
| Filing 1348 *Joinder re # 1292 MOTION to Dismiss Case Barlow #10-455 by Defendant Chase Home Finance LLC. (Smith, Jay) Modified to include "Motion to Expunge Lis Pendens on 3/21/2011 (LSP).* |
| Filing 1347 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Unable to Forward; Return to Sender. Document number 1319, 1320, 1321, and 1324. (Attachments: # 1 Returned Mail)(MHU) |
| Filing 1346 *MOTION for Attorney Substitution by Zachary T Ball (Ball, Zachary) Modified from "Notice of Attorney Substitution" on 3/17/2011 (LSP).* |
| Filing 1345 RESPONSE to Motion re # 1304 MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, filed by Dustin Rollins. (Ates, John) |
| Filing 1344 AMENDED DOCUMENT by Countrywide Bank FSB. Amendment to # 1342 Response to Motion,. (Yenouskas, Joseph) |
| Filing 1342 AMENDED by (Doc. 1344). RESPONSE to Motion re # 1304 MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, filed by Countrywide Bank FSB. (Yenouskas, Joseph) Modified on 3/15/2011 (LSP). |
| Filing 1340 RESPONSE to Motion re # 1304 MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, filed by Aurora Loan Services LLC. (Attachments: # 1 Exhibit 1)(Perdew, P) |
| Filing 1343 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted Not Known; Return to Sender. Document number 1319, 1320, 1321, and 1324. (Attachments: # 1 Returned Mail)(MHU) |
| Filing 1341 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Attempted Not Known; Unable to Forward; Return to Sender. Document number 1312. (MHU) |
| Filing 1339 LODGED Proposed COVER SHEET LODGE DOCUMENT WITH ATTACHED re: # 750 MOTION to Dismiss Case (Freeto) , # 401 MOTION to Dismiss Party Ticor Title of Nevada, # 736 MOTION to Dismiss Case Motion To Dismiss Complaint Against T.D. Service Company , # 1266 MOTION to Dismiss Party T.D. Service Company T.D. Service Company's Motion to Dismiss . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Tammy Vo. (Lawton, Rick) |
| Filing 1338 LODGED Proposed COVER SHEET LODGED DOC re: # 1293 MOTION to Dismiss Case Ellifritz #10-0427 , # 1292 MOTION to Dismiss Case Barlow #10-455 , # 1295 MOTION to Dismiss Case Sage #10-456 , # 1283 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 , # 1294 MOTION to Dismiss Case McConathy #10-428 . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by William C Barlow. (Lawton, Rick) |
| Filing 1337 *LODGED Proposed Opposition motion to dismiss re: # 1293 MOTION to Dismiss Case Ellifritz #10-0427 , # 1292 MOTION to Dismiss Case Barlow #10-455 , # 1295 MOTION to Dismiss Case Sage #10-456 , # 1283 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 , # 1294 MOTION to Dismiss Case McConathy #10-428 . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by William C Barlow. (Lawton, Rick) Modified to include COVER SHEET missing on 3/14/2011 (LSP).* |
| Filing 1336 MOTION for Leave to File Excess Pages for motion leave file excessive pages by William C Barlow. (Attachments: # 1 Exhibit 1)(Lawton, Rick) |
| Filing 1335 *LODGED Proposed Opposition Motion to Dismiss re: # 750 MOTION to Dismiss Case (Freeto) , # 401 MOTION to Dismiss Party Ticor Title of Nevada, # 736 MOTION to Dismiss Case Motion To Dismiss Complaint Against T.D. Service Company , # 1266 MOTION to Dismiss Party T.D. Service Company T.D. Service Company's Motion to Dismiss , # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Tammy Vo. (Lawton, Rick) Modified to include COVER SHEET missing on 3/14/2011 (LSP).* |
| Filing 1334 MOTION for Leave to File Excess Pages for Motion to file excessive pages by Tammy Vo. (Attachments: # 1 Exhibit 1)(Lawton, Rick) |
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Filing 1333
ORDER pursuant to General Order 05-25 granting # 1331 Motion for Admission Pro Hac Vice; granting # 1332 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 1332 MOTION for Admission Pro Hac Vice as to attorney Stephanie EW Thompson on behalf of Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), Mortgage Electronic Registration Systems Incorporated. (BAS) |
| Filing 1331 MOTION for Admission Pro Hac Vice as to attorney Lane Hornfeck on behalf of Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), Mortgage Electronic Registration Systems Incorporated. (BAS) |
| PRO HAC VICE FEE PAID. $100, receipt number PHX107484, PHX107485 as to Stephanie EW Thompson, Lane C Hornfeck. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1330 MOTION to Strike # 1327 MOTION for Reconsideration by BAC Home Loans Servicing LP, Bank of America NA(a Delaware corporation), Countrywide Bank NA, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, First Horizon Home Loan Corporation, First Horizon Home Loans, ReconTrust Company NA. (Yenouskas, Joseph) |
| Filing 1329 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted Unknown; Return to Sender. Document number 1311 and 1312. (Attachments: # 1 Returned Mail)(MHU) |
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Filing 1328
ORDER that the time within which Litton may respond to Plaintiff's amended complaint is hereby enlarged up through and including thirty (30) days after the Court acts on the motion to remand filed by MERSCORP, Inc. and MortgageElectronic Registration Systems, Inc. ("MERS") (Doc. # 1163 ). FURTHER ORDERED that the partie' earlier stipulation for enlargement of time (Doc. # 1110 ) is DENIED AS MOOT. Signed by Judge James A Teilborg on 3/7/11. (CV 10-219-PHX)(MAP)
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| Filing 1327 *Motion for Reconsideration re Exhibits to # 1256 Motion for Reconsideration by Plaintiff Dennis Duncan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lawton, Rick) Modified from "Request" on 3/7/2011 (LSP).* |
| Filing 1325 RESPONSE to Motion re # 1271 MOTION Motion to Transfer by Mortgage Electronic Registration System, Inc. and MERSCORP, Inc. filed by Lady Jennifer Barone. (Nebeker, William) |
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Filing 1324
ORDER that both motions to strike (Doc. # 1318 and CV 10-455-PHX-JAT, Doc. 49) are granted. FURTHER ORDERED that Plaintiffs' oppositions to the motions to dismiss (Doc. # 1314 and CV 10-455-PHX-JAT, Doc. 48) are stricken (and the Clerk of the Court shall strike each from the record) for exceeding page limits set forth in LRCiv 7.2(e). FURTHER ORDERED that Plaintiffs will have until 3/24/11, to file responses to the motions to dismiss pending in the above-captioned member cases and that Defendants will have until 4/7/11, to file replies to any such responses. Signed by Judge James A Teilborg on 3/3/11. CV 10-414-PHX-JAT (CV 10-425; 427; 428; 429; 455; 456; 459; 705; 706; 707; 1083; 1084; 1085; 1208; 1418; 1419-PHX) (MAP)
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| Filing 1323 STIPULATION Stipulation and Order for Partial Dismissal with Prejudice (Sieben) by Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1322 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 01/19/2011, before Judge James A Teilborg. Court Reporter David C German. 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.. Redaction Request due 3/24/2011. Redacted Transcript Deadline set for 4/4/2011. Release of Transcript Restriction set for 6/1/2011. (BAS) |
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Filing 1321
ORDER granting # 1233 Stipulation. ORDERED that the Stipulation entered into by and between the Parties (Doc. # 1233 ) is adopted as the Order of this court, and that Defendant Ticor Title of Nevada, Inc., also named as Ticor Title Reno (a) will be bound by any injunctive or declaratory relief entered by this court, and shall not be subject to any monetary awards for damages, attorney fees, or costs, (b) is not required to further appear and defend this action, (c) is not required to respond to any further pleadings in this action, (d) is not required to appear at any hearings or trial of this matter, and (e) shall respond to any discovery requests as a non-party with each side to bear their own costs and attorney fees. Signed by Judge James A Teilborg on 3/2/11. (CV 10-1874-PHX) (MAP)
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Filing 1320
ORDER granting # 1313 Stipulation. ORDERED that Defendant Pulte Mortgage, LLC shall be dismissed with prejudice from the captioned member case (CV 10-1419-PHX), the parties to bear their own costs and attorney's fees. Signed by Judge James A Teilborg on 3/2/11. (MAP)
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Filing 1319
ORDER granting # 1282 Stipulation. ORDERED that Defendants Sierra Pacific Mortgage Company, Inc. and Greenhead Investments shall be dismissed without prejudice from member case (CV 10-1875-PHX), the parties to bear their own costs and attorneys fees. Signed by Judge James A Teilborg on 3/2/11. (MAP)
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| Filing 1326 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Attempted-Not Known; Return to Sender. Document number # 1277 & # 1278 . (MHU) |
| Filing 1318 MOTION to Strike # 1314 Response to Motion,,,,,,,,, by Bank of America NA, Countrywide Bank NA, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, First Horizon Home Loans, Kumud Patel, ReconTrust Company NA. (Yenouskas, Joseph) |
| Filing 1317 NOTICE of Change of Address by Gregory W Falls (Falls, Gregory) |
| Filing 1316 Mail Returned as Undeliverable. Mail sent to Beth McNamara Wilson. Reason for return: Attempted Not Known 2/14/11, Return to Sender, Unable to Forward. Document number 1264. (MHA) |
| Filing 1315 RESPONSE to Motion re # 1290 MOTION to Dismiss Case (Sieben) , # 766 MOTION to Dismiss Case Sieben , # 1287 MOTION for Joinder re # 776 Wells Fargo Bank, N.A.s Motion to Dismiss Plaintiffs Claims MOTION for Joinder re # 776 Wells Fargo Bank, N.A.s Motion to Dismiss Plaintiffs Claims , # 1288 MOTION for Joinder re # 766 MOTION to Dismiss Case Sieben MOTION for Joinder re # 766 MOTION to Dismiss Case Sieben NON-OPPOSITIOIN filed by Jonathon E Sieben. (Lawton, Rick) |
| Filing 1314 STRICKEN By Doc. # 1324 RESPONSE to Motion re # 1293 MOTION to Dismiss Case Ellifritz #10-0427 , # 1295 MOTION to Dismiss Case Sage #10-456 , # 1266 MOTION to Dismiss Party T.D. Service Company T.D. Service Company's Motion to Dismiss , # 401 MOTION to Dismiss Party Ticor Title of Nevada, # 736 MOTION to Dismiss Case Motion To Dismiss Complaint Against T.D. Service Company , # 1294 MOTION to Dismiss Case McConathy #10-428 , # 753 MOTION to Dismiss Case and Joinder in Motion to Dismiss by Litton Loan Servicing LP (Doc. No. 750) (Freeto) , # 752 MOTION to Dismiss Case (Duncan) , # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 , # 641 MOTION to Dismiss Case Defendants Ticor Title of Nevada, Inc. and Susan Longero's Motion to Dismiss and/or For Summary Judgment , # 787 MOTION to Dismiss Case, # 750 MOTION to Dismiss Case (Freeto) , # 712 MOTION to Dismiss Counts/Claims : Retained Claims, # 713 MOTION for, # 708 MOTION to Dismiss Case, # 1289 MOTION to Dismiss Case (Duncan) , # 789 MOTION to Dismiss Case (Freeto Claims) , # 1290 MOTION to Dismiss Case (Sieben) , # 1292 MOTION to Dismiss Case Barlow #10-455 , # 1291 MOTION to Dismiss Case (Huck) , # 1284 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 , # 1286 MOTION for Joinder re # 778 MOTION to Dismiss Case Huck MOTION for Joinder re # 778 MOTION to Dismiss Case Huck , # 778 MOTION to Dismiss Case Huck , # 1283 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 , # 1285 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 filed by Tammy Vo. (Lawton, Rick) Modified on 3/3/2011 (MAP). |
| Filing 1313 STIPULATION to Dismiss Defendant Pulte Mortgage, LLC by Pulte Mortgage LLC. (Thueson, Sean) |
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Filing 1312
ORDER pursuant to # 1310 Stipulation of Dismissal: member case Smith v. First National Bank of Nevada, et al., CV 10-429-PHX-JAT, is dismissed with prejudice, the parties to bear their own costs and attorney's fees. IT IS FURTHER ORDERED that the Clerk shall close the above captioned member case. Signed by Judge James A Teilborg on 2/25/11. (LSP)
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Filing 1311
ORDER granting # 1237 Motion to Appoint Counsel; William A. Nebeker and Valerie R. Edwards and Robert R. Hager are appointed as Plaintiffs' lead counsel in this matter. See PDF document for details. Signed by Judge James A Teilborg on 2/24/11.(LSP)
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| Filing 1310 STIPULATION of Dismissal AS TO SMITH #10-429 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Text of Proposed Order)(Condo, James) |
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Filing 1307
ORDER pursuant to General Order 05-25 granting # 1306 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX106762 as to Aaron S Dutra. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1309 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender, Attempted-Not Known. Document number 1275. (MHA) |
| Filing 1308 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to sender, Attempted not known. Document number 1264. (MHA) |
| Filing 1306 MOTION for Admission Pro Hac Vice as to attorney Aaron S Dutra on behalf of Deutsche Bank National Trust Company. (BAS) |
| Filing 1305 JOINDER re # 1270 Response to Motion, # 1268 Response to Motion T.D. Service Companys Joinder to Opposition to Plaintiffs Motion to Reconsider Order Denying Request to File Amended Complaints by TD Service Company. (Wilde, Gregory) Modified on 2/23/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1304 MOTION Remand Certain Claims from CTO-1 CTO-9 CTO-10 re # 1254 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,, by MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 1303 REPLY to Response to Motion re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND filed by Dennis Duncan. (Lawton, Rick) |
| Filing 1302 NOTICE re Filing Proposed Order Granting # 1237 Joint Motion for Appointment of Plaintiffs' Lead Counsel by Jonathan E Robinson re # 1264 Order, (Robinson, Vargas, Goodwin, Lopez, Dalton, Green) . (Attachments: # 1 Exhibit 1 - Proposed Order)(Nebeker, William) Modified on 2/22/2011 (LSP). CORRECTION to document linkage. |
| Filing 1301 Joinder in # 1293 Motion to Dismiss Filed by MERS Defendants by Defendant HSBC Bank USA filed by HSBC Bank USA(National Association of the Luminent Mortgage Trust 2007-1). (Fine, Marilyn) Modified on 2/22/2011 (LSP). CORRECTION to document linkage. |
| Filing 1300 NOTICE of Settlement RE SMITH #10-429 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation) (Condo, James) |
| Filing 1299 ERRATA re # 1288 MOTION for Joinder re # 766 MOTION to Dismiss Case Sieben MOTION for Joinder re # 766 MOTION to Dismiss Case Sieben by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 1298 ERRATA re # 1285 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 1297 ERRATA re # 1284 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 1296 ERRATA re # 1283 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 MOTION for Joinder re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by Defendants MERSCORP Incorporated, Mortgage Electronic Registration Systems Incorporated. (Brochin, Robert) |
| Filing 1295 MOTION to Dismiss Case Sage #10-456 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Condo, James) |
| Filing 1294 MOTION to Dismiss Case McConathy #10-428 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Condo, James) |
| Filing 1293 MOTION to Dismiss Case Ellifritz #10-0427 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Condo, James) |
| Filing 1292 MOTION to Dismiss Case Barlow #10-455 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Condo, James) |
| Filing 1291 MOTION to Dismiss Case (Huck) by Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, Kumud Patel, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1290 MOTION to Dismiss Case (Sieben) by Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1289 MOTION to Dismiss Case (Duncan) by Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, ReconTrust Company NA. (Jorgensen, J) |
| Filing 1288 JOINDER re # 766 MOTION to Dismiss Case Sieben by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) Modified on 2/18/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1287 JOINDER re # 776 Wells Fargo Bank, N.A.s Motion to Dismiss Plaintiffs Claims by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) Modified on 2/18/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1286 JOINDER re # 778 MOTION to Dismiss Case Huck by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) Modified on 2/18/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1285 JOINDER re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) Modified on 2/18/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1284 JOINDER re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) Modified on 2/18/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1283 JOINDER re # 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Brochin, Robert) Modified on 2/18/2011 (LSP). CORRECTION from "Motion for Joinder". |
| Filing 1282 STIPULATION of Dismissal Stpulation for Dismissal Without Prejudice by Sierra Pacific Mortgage Company Incorporated. (Attachments: # 1 Text of Proposed Order Order of Dismissal Without Prejudice)(Williams, Todd) |
| Filing 1281 Joinder re # 1276 Response to Motion, # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND Pulte Mortgage LLC's Joinder to Chase Home Finance LLC's Opposition to Reconsider Order Denying Request to File Amended Complaints (Doc. No. 1276) by Defendant Pulte Mortgage LLC filed by Pulte Mortgage LLC. (Thueson, Sean) |
| Filing 1280 MOTION to Dismiss Party by Christina Sage (Lawton, Rick) Modified on 2/18/2011 (LSP). CORRECTION from "Notice of Voluntary Dismissal". |
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Filing 1278
ORDER That Defendants DSL Service Company, Deutsche Bank National Trust Company (named as "DLSA [sic] Mortgage Loan Trust 2006-AR1"), US Bank, N.A., Successor in Interest to the Federal Deposit Insurance Corporation as Receiver for Downey Savings and Loan Association, F.A., and Central Mortgage Company(collectively "Defendants") shall have until 2/28/11 to file a responsivememorandum to Plaintiff's Response to Defendant's Motion to Dismiss (Doc. 7, in CV 10-1550-PHX-JAT). Signed by Judge James A Teilborg on 2/16/11. (CV 10-1550)(MAP)
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Filing 1277
ORDER that Defendants HSBC Mortgage Services, Inc. and Housekey Financial Corp's Motion for Summary Disposition (Doc. # 1042 ) and Defendant Fidelity National Title Insurance Co's Motion for Summary Disposition (Doc. # 1012 ) are granted, thus FURTHER ORDERED that Defendants HSBC Mortgage Services, Inc. andHousekey Financial Corp's Motion to Dismiss (Doc. # 606 ) and Defendant FidelityNational Title Insurance Co's Motion to Dismiss (Doc. # 849 ) are granted. Therefore, all claims pending before this Court in Velasquez, CV 10-475-PHX-JAT, are dismissed. FURTHER ORDERED that Defendant Wells Fargo Bank, N.A.'s Motion for Summary Disposition (Doc. # 929 ) is granted, thus FURTHER ORDERED that Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss (Doc. # 695 ) and Defendants MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (Doc. # 781 ) are granted. Therefore, all claims pending before this Court in Hora, CV 10-476-PHX-JAT, are dismissed. FURTHER ORDERED that Defendants OneWest Bank and Quality Loan Service Corp's Motion for Summary Disposition (Doc. # 993 ) is granted, thus FURTHER ORDERED that Defendants OneWest Bank and Quality Loan Service Corp's Motion to Dismiss (Doc. # 577 ) and Defendants MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (Doc. # 784 ) are granted. Therefore, all claims pending before this Court in Lalatag, CV 10-477-PHX-JAT, are dismissed. FINALLY ORDERED that the Clerk of the Court shall close the above captioned member cases. Signed by Judge James A Teilborg on 2/16/11. (CV 10-475; 476; 477) (MAP)
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| Filing 1276 RESPONSE to Motion re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND Chase Home Finance LLC's Opposition to Plaintiff's Motion to Reconsider Order Denying Request to File Amended Complaints filed by Chase Home Finance LLC. (Larsen, Kent) Modified on 2/16/2011 (LSP). DOCUMENT not in compliance with LRCiv 7.1(c). |
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Filing 1275
ORDER granting (Doc. 42) Defendant Quality Loan Service Corporation's Motion to Dismiss and (Doc. 46) Stipulation of Dismissal filed by Plaintiff and Defendant Stewart Title of Northern Nevada filed in Member Case CV 10-426 PHX-JAT. All claims pending before this Court in the Member Case as to Eastwood, CV 10-426 PHX-JAT and those as to Eastwood in this Lead Case: 2:09-md-2119 are dismissed. IT IS FURTHER ORDERED denying as moot (Doc. 43) Defendant Stewart Title of Northern Nevada's Motion to Dismiss filed in Member Case CV 10-426 PHX-JAT. The Clerk shall close the member case CV 10-426 PHX-JAT. Signed by Judge James A Teilborg on 2/14/11. (LSP)
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| Filing 1279 Substitution of Attorney by Levi Smith, Kathie Smith (CV 10-429) (MAP) |
| Filing 1274 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Chase Home Finance LLC. (Attachments: # 1 Text of Proposed Order)(Smith, Jay) |
| Filing 1273 Joinder re # 1270 Response to Motion, # 1268 Response to Motion California Reconveyance Company's Joinder to Oppositions to Plaintiff's Motion to Reconsider Order Denying Request to File Amended Complaint by Defendant California Reconveyance Company. (Larsen, Kent) |
| Filing 1272 RESPONSE in Opposition re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND filed by BAC Home Loans Servicing LP, Bank of America NA, Countrywide Bank NA, Countrywide Financial Corporation, Countrywide Home Loans Incorporated, First Horizon Home Loan Corporation, MERSCORP Incorporated(a Virginia corporation), Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation), ReconTrust Company NA, First Horizon Home Loans, a division of First Tennessee Bank National Association. (Hefferon, Thomas) |
| Filing 1271 MOTION Motion to Transfer by Mortgage Electronic Registration Systems Incorporated(a subsidiary of MERSCORP, Inc., a Delaware corporation). (Attachments: # 1 Exhibit)(Erickson, Douglas) |
| Filing 1270 RESPONSE to Motion re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND filed by Quality Loan Service Corporation. (Hunter, Christopher) |
| Filing 1269 RESPONSE in Opposition re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND filed by Robert J Funk. (Lawton, Rick) |
| Filing 1268 RESPONSE to Motion re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND filed by Aurora Loan Services LLC, Lehman Brothers Bank FSB. (Dodrill, Colt) |
| Filing 1267 RESPONSE in Opposition re # 1256 MOTION for Reconsideration DENIAL OF REQUEST TO AMEND Defendant Wells Fargo Bank N A'S Opposition To Plaintiffs Motion To Reconsider Order 1 28 2011 Denying Request To File Amended Complaint filed by Wells Fargo Bank NA. (Alexander, Cynthia) Modified on 2/14/2011 (LSP). DOCUMENT not in compliance with LRCiv 7.1(c). |
| Filing 1266 MOTION to Dismiss Party T.D. Service Company T.D. Service Company's Motion to Dismiss by T.D. Service Company. (Wilde, Gregory) |
| Filing 1265 NOTICE re Notice of Change of Firm Name by T.D. Service Company. (Wilde, Gregory) |
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Filing 1264
ORDER re # 1237 Joint Motion for Appointment of Plaintiffs' Lead Counsel. That unless any party or party's counsel responds in opposition by 2/16/11, the Court will grant the # 1237 Motion and Appoint Lead Counsel for all Plaintiffs. Signed by Judge James A Teilborg on 2/10/11. (MAP)
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| Filing 1263 TRANSCRIPT REQUEST (Amended as to Days) by Jonathan E Robinson for proceedings held on 1/19/11 before Judge Teilborg.. (Nebeker, William) |
| Filing 1262 TRANSCRIPT REQUEST by Jonathan E Robinson for proceedings held on 01/19/2011 before Judge Teilborg.. (Nebeker, William) |
| Filing 1261 Mail Returned as Undeliverable. Mail sent to Thomas Stafford. Reason for return: Return to Sender. Attempted - Not Known. Document number 1238. (SCANNED IMAGE IS BEST EFFORT). (HLA) |
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Filing 1260
ORDER Before the Court are Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss (Doc. # 695 ) and Motion for Summary Disposition (Doc. # 929 ) and Defendants MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (Doc. # 781 ) in member case Hora, et al. v. Credit Suisse First Boston Financial Corporation, et al., CV 10-476-PHX-JAT. Plaintiffs' time to file responses to the Motions to Dismiss has long passed and Plaintiffs have still not yet responded. If Plaintiffs fail to file responses within seven days of this Order, the Court will deem this as consent to the dismissal of the claims pending before this Court under Local Rule of Civil Procedure 7.2(i). Signed by Judge James A Teilborg on 1/31/11. (CV-10-476-PHX) (MAP)
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Filing 1259
ORDER Before the Court are Defendants OneWest Bank and Quality Loan ServiceCorporation's Motion to Dismiss (Doc. # 577 ) and Motion for Summary Disposition (Doc. # 993 ) and Defendants MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (Doc. # 784 ) in member case Lalatag v. Money First Financial Services, Inc., et al., CV 10-477-PHX-JAT. Plaintiff's time to file responses to the Motions to Dismiss has long passed. If Plaintiff fails to file responses within seven days of this Order, the Court will deem this as consent to the dismissal of the claims pending before this Court under Local Rule of Civil Procedure 7.2(i). Signed by Judge James A Teilborg on 1/31/11. (CV 10-477-PHX) (MAP)
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Filing 1258
ORDER Before the Court are Defendants HSBC Mortgage Services, Inc. and Housekey Financial Corporation's Motion to Dismiss (Doc. # 606 ) and Motion for Summary Disposition (Doc. # 1042 ) and Defendant Fidelity National Title Insurance Company's Motion to Dismiss (Doc. # 849 ) and Motion for Summary Disposition (Doc. # 1012 ) in member case Velasquez v. The Lending Group, Inc., et al., CV 10-475-PHX-JAT. Plaintiff had until June 18, 2010 and June 30, 2010, respectively, to file responses to the Motions to Dismiss. Those deadlines have long passed and Plaintiff has still not yet responded. If Plaintiff fails to file responses within seven days of this Order, the Court will deem this as consent to the dismissal of the claims pending before this Court under Local Rule of Civil Procedure 7.2(i). Signed by Judge James A Teilborg on 1/31/11. (CV 10-475-PHX)(MAP)
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| Filing 1257 MOTION to Dismiss Case Funk #10-1085, Freeto #10-459, Vo #10-425, Eastwood #10-426 by Quality Loan Service Corporation. (Attachments: # 1 Exhibit Funk deed of trust, # 2 Exhibit Funk substitution of trustee, # 3 Exhibit Funk notice of default, # 4 Exhibit Funk-notice of sale, # 5 Exhibit Funk trustee's deed, # 6 Exhibit Freeto deed of trust, # 7 Exhibit Freeto substitution of trustee, # 8 Exhibit Freeto notice of default, # 9 Exhibit Freeto notice of sale, # 10 Exhibit Vo deed of trust, # 11 Exhibit Vo assignment, # 12 Exhibit Vo subsitution, # 13 Exhibit Vo notice of default, # 14 Exhibit Vo-notice of sale, # 15 Exhibit Eastwood deed of trust, # 16 Exhibit Eastwood substitution, # 17 Exhibit Eastwood notice of default, # 18 Exhibit Eastwood notice of sale)(Hunter, Christopher) |
| Filing 1256 MOTION for Reconsideration re # 1255 Order filed 1/28/2011 re DENIAL OF REQUEST TO AMEND by Dennis Duncan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Lawton, Rick) Modified on 1/31/2011 (LSP). |
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Filing 1255
ORDER that Plaintiffs' Motions for Leave to Amend in Eastwood, CV 10-426-PHX-JAT, Vo, CV 10-425-PHX-JAT, Tyler, CV 10-706-PHX-JAT, Ellifritz, 10-427-PHX-JAT, McConathy, CV 10-428-PHX-JAT, Gutierrez, CV 10-707-PHX-JAT, Camacho-Villa, CV 10-1208-PHX-JAT, Freeto, CV 10-459-PHX-JAT, Funk, CV 10-1085-PHX-JAT, Sage, CV 10-456-PHX-JAT, Duncan, CV 10-414-PHX-JAT, Smith, CV 10-429-PHX-JAT, Gothan, et al. v. World Savings Bank, FSB, et al., CV 10-1418-PHX-JAT, Mikulaco, CV 10-705-PHX-JAT, Sieben, CV 10-1084-PHX-JAT, Yeghiyaian, CV 10-419-PHX-JAT, and Gothan, et al. v. Ownit Mortgage Solutions, Inc., et al., CV 10-1083-PHX-JAT, (Doc. # 636 , # 637 , # 638 , # 646 , # 647 , # 665 , # 677 , # 678 , # 819 , # 843 , # 908 , # 909 , # 917 , # 962 , # 977 , # 978 , # 1014 ) are DENIED. FURTHER ORDERED that Plaintiff Ronald E. Freeto's Motion to Remand to State Court (Doc. # 856 ) is DENIED, and, thus, Defendants' Motion to Strike Plaintiff's Reply to Response to Motion as Untimely and Oversized (Doc. # 1034 ) is DENIED AS MOOT. FURTHER ORDERED that as to Barlow, CV 10-455-PHX-JAT, claims 2, 5-9, 13 and 14 and part of claims 3, 4, 10, 11, and 12 remain with the undersigned as part of the MDL and claim 1 and part of claims 3, 4, 10, 11, and 12 have been remanded to their respective transferor courts. MERS shall file a copy of this Order with each transferor court within the next two business days. With respect to any claims that have been remanded to the transferor court, Defendants shall answer or otherwise respond to those claims within fifteen days of this Order, unless any order of the transferor court is inconsistent with this Order, in which case, the order of the transferor court shall control. FURTHER ORDERED that as to Duncan, Sieben, CV 10-416-PHX-JAT, Huck, CV 10-417-PHX-JAT, Vo, Eastwood, Ellifritz, McConathy |