Edwards v. PHH Mortgage Corporation et al
| Stephen S Edwards |
| Laura Sixkiller, Unknown Parties, PHH Mortgage Corporation, Clear Recon Corporation, Kate L Benveniste, Laurel L Handley, Robert Crowl and Tim R Pomeroy |
| 2:2018cv04040 |
| November 12, 2018 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.
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Filing 52
ORDER denying #16 Plaintiff's Motion to Voluntarily Dismiss Laura Sixkiller. Signed by Judge Steven P Logan on 1/9/19. (EJA)
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Filing 51
ORDER denying as moot #37 Defendant's Motion. Signed by Judge Steven P Logan on 1/9/19. (EJA)
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| Filing 50 RESPONSE to Motion re: #35 MOTION for Leave to File Second Amended Complaint, #34 MOTION for Alternative Service filed by Clear Recon Corporation. (Pomeroy, Timothy) |
| Filing 49 RESPONSE in Opposition re: #35 MOTION for Leave to File Second Amended Complaint filed by Kate L Benveniste, Laura Sixkiller. (Marshall, Gregory) |
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Filing 46
ORDER - Seven Motions to Dismiss have been filed in this case (Docs. #12 , #14 , #20 , #26 , #28 , #39 and #42 ). The Motions to Dismiss seeks to have all or part of your case dismissed. The failure of Plaintiff to respond to the Motions to Dismiss may in the discretion of the Court be deemed as consent to the granting of the Motions without further notice, and judgment may be entered dismissing the complaint and action with prejudice pursuant to LRCiv 7.2(i). Plaintiff shall have until February 6, 2019 to file responses to the pending Motions to Dismiss. See document for complete details. Signed by Judge Steven P Logan on 1/8/19. (MSA)
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Filing 45
ORDER denying #30 Motion to Allow Electronic Filing. See document for complete details. Signed by Judge Steven P Logan on 1/8/19. (MSA)
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Filing 44
RULE 16 CASE MANAGEMENT ORDER: Discovery due by 11/22/2019. Dispositive motions due by 12/20/2019. See order for additional deadlines and details. Signed by Judge Steven P Logan on 1/7/2019. (LMR)
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| Filing 48 MOTION to Stay all Proceedings Pending (Discovery) an FBI Investigation by Stephen S Edwards. (4 pages) (RMV) |
| Filing 47 RESPONSE to #42 MOTION to Dismiss for Failure to State a Claim , #20 MOTION to Dismiss for Failure to State a Claim, #39 MOTION to Dismiss for Failure to State a Claim , #14 MOTION to Dismiss for Failure to State a Claim with Prejudice, #26 MOTION to Dismiss for Failure to State a Claim, #28 MOTION to Dismiss Case First Amended Complaint with Prejudice, #12 MOTION to Dismiss for Failure to State a Claim filed by Stephen S Edwards. (27 pages; titled as Opposition to Dismiss) (RMV) |
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Filing 43
ORDER: The Rule 16 Case Management Conference, presently set for January 11, 2019 before Honorable Steven P. Logan, is vacated. Order to follow. Signed by Judge Steven P Logan on 1/7/2019. (LMR)
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| Filing 42 MOTION to Dismiss for Failure to State a Claim by Clear Recon Corporation. (Pomeroy, Timothy) |
| Filing 41 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Defendants Robert Crowl, PHH Mortgage Corporation. (Attachments: #1 Exhibit Proposed Order)(Benveniste, Katherine) |
| Filing 40 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Laura Sixkiller. (Marshall, Gregory) |
| Filing 39 MOTION to Dismiss for Failure to State a Claim by Kate L Benveniste. (Attachments: #1 Exhibit 1)(Marshall, Gregory) |
| Filing 38 *Joinder re: #28 MOTION to Dismiss Case First Amended Complaint with Prejudice by Robert Crowl. (Benveniste, Katherine) *Modified to correct event on 1/3/2019 (DXD). |
| Filing 37 MOTION for Leave to Appear Motion to Appear Telephonically by Clear Recon Corporation. (Pomeroy, Timothy) |
| Filing 36 NOTICE of Appearance by Katherine L Benveniste on behalf of Robert Crowl. (Benveniste, Katherine) |
| Filing 35 AMENDED MOTION for Leave to File Second Amended Complaint by Stephen S Edwards. (24 pages) (REK) |
| Filing 34 MOTION for Alternative Service by Stephen S Edwards. (EJA) |
| Filing 33 SUMMONS Submitted by Stephen S Edwards. (EJA) |
| Filing 32 LODGED Proposed Amended Complaint re: #31 MOTION for Leave to File Amended Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Stephen S Edwards. (EJA) |
| Filing 31 MOTION for Leave to File Amended Complaint by Stephen S Edwards. (EJA) |
| Filing 30 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Stephen S Edwards. (EJA) |
| Filing 29 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Stephen S Edwards. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (EJA) |
| Filing 28 MOTION to Dismiss Case First Amended Complaint with Prejudice by PHH Mortgage Corporation. (Benveniste, Katherine) |
| Filing 27 AMENDED COMPLAINT against Kate L Benveniste, Clear Recon Corporation, Robert Crowl, PHH Mortgage Corporation, Laura Sixkiller, Laurel L Handley, Tim R Pomeroy filed by Stephen S Edwards.(EJA) |
| Summons Issued as to Laurel L Handley, Tim R Pomeroy to plaintiff at counter. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| Filing 26 *MOTION to Dismiss for Failure to State a Claim by Laura Sixkiller. (Attachments: #1 Exhibit)(Marshall, Gregory) *Modified to correct event type on 12/26/2018 (EJA). |
| Filing 25 NOTICE TO FILER OF DEFICIENCY re: #23 Notice of Service of Responses to Mandatory Initial Discovery filed by Clear Recon Corporation. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 24 *NOTICE of Attorney Withdrawal by Kate L Benveniste, Laura Sixkiller . (Stutman, Erica) *Modified to correct event type on 12/20/2018 (EJA). |
| Filing 23 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Clear Recon Corporation. (Pomeroy, Timothy) |
| Filing 22 *AMENDED COMPLAINT against Clear Recon Corporation, PHH Mortgage Corporation, Laura Sixkiller, Unknown Parties, Kate L Benveniste, Robert Crowl filed by Stephen S Edwards.(EJA) *Modified text on 12/11/2018 (EJA). |
| Summons Issued as to Kate L Benveniste, Robert Crowl to plaintiff at counter. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| Filing 21 RESPONSE to Motion re: #16 MOTION to Dismiss Party Laura Sixkiller Under the Following Conditions [Doc 16] filed by Laura Sixkiller. (Stutman, Erica) |
| Filing 20 *MOTION to Dismiss for Failure to State a Claim With Prejudice by Laura Sixkiller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stutman, Erica) *Modified to correct event type on 12/4/2018 (EJA). |
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Filing 19
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: Case Management Conference is set for 1/11/2019 at 02:00 PM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. Signed by Judge Steven P Logan on 11/27/2018. (LMR)
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| Filing 18 NOTICE re: Certificate of Conferral by PHH Mortgage Corporation re: #14 MOTION to Dismiss for Failure to State a Claim with Prejudice . (Benveniste, Katherine) |
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Filing 15
PRELIMINARY ORDER: Plaintiff must promptly serve a copy of this Order and its Attachments on Defendants and file notice of service with the Clerk of Court. See document for complete details. Signed by Judge Steven P Logan on 11/20/18. (EJA)
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| Filing 17 NOTICE TO FILER OF DEFICIENCY re: #11 Answer to Complaint filed by Clear Recon Corporation, #12 MOTION to Dismiss, #13 REQUEST. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim with Prejudice by PHH Mortgage Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhbit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Benveniste, Katherine) |
| Filing 13 REQUEST re: Request for Judicial Notice by Defendant Clear Recon Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pomeroy, Timothy) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Clear Recon Corporation. (Pomeroy, Timothy) |
| Filing 11 CRC's ANSWER to #1 Notice of Removal by Clear Recon Corporation.(Pomeroy, Timothy) |
| Filing 16 MOTION to Dismiss Party Laura Sixkiller by Stephen S Edwards. (GMP) |
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Filing 10
ORDER: Defendant Laura Sixkiller's Motion to Extend Time to Respond to Complaint #7 is granted. Defendant's time to respond to the complaintis extended to 12/3/2018. No further extensions will be granted. See order for additional details. Signed by Judge Steven P Logan on 11/19/2018. (LMR)
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| Filing 9 ANSWER to Complaint by PHH Mortgage Corporation.(Benveniste, Katherine) |
| Filing 8 NOTICE TO FILER OF DEFICIENCY re: #7 MOTION for Extension of Time to File Answer re: #1 Notice of Removal filed by Laura Sixkiller. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 7 MOTION for Extension of Time to File Answer re: #1 Notice of Removal by Laura Sixkiller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Stutman, Erica) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO) |
| Filing 5 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing.(MCO) |
| Filing 4 (CORRECTED AT DOC. 6) ---- NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO) Modified on 11/13/2018 (MCO). |
| Remark: Incorrect Attachment at (Doc. 4). Updated Notice RE: Mandatory Initial Discovery Pilot (MIDP) filed at (Doc. 6). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 3 Filing fee paid, receipt number 0970-16187514. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-18-4040-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 2 Corporate Disclosure Statement by PHH Mortgage Corporation identifying Corporate Parent PHH Corporation for PHH Mortgage Corporation. (Benveniste, Katherine) (MCO) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2018-009743. Filing fee received: $ 400.00, receipt number 0970-16187514 filed by PHH Mortgage Corporation. (Benveniste, Katherine) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Declaration, #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)(MCO) |
| ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED: Declaration of Service re: Summons/Certificate of Compulsory Arbitration/Plaintiff's Demand for Jury Trial/Complaint upon PHH Mortgage Corporation by sub-service on Shanda Kelly, service of process coordinator on 10/12/2018, Laura Sixkiller by sub-service on Jason Sixkiller, husband on 10/11/2018, Clear Recon Corporation by sub-service on Krikor Kalaydjian, clerk on 10/12/20108. (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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