Fishburne v. CitiMortgage Incorporated et al
| Cherie A Fishburne |
| Sarah Sabalos-LaSpaluto, David M LaSpaluto, CitiMortgage Incorporated, S Matt Collins, Unknown Hegyi, Leonard J McDonald, Unknown Parties, Hugh Hegyi, Tiffany & Bosco PA and Carrie L Collins |
| 2:2019cv00256 |
| January 15, 2019 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| John J Tuchi |
| Real Property: Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 33 NOTICE TO FILER OF DEFICIENCY re: #31 Response to Motion. 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. (DXD) |
Filing 32
ORDER: IT IS ORDERED denying Plaintiff's Emergency Motion for Preliminary Injunction (Doc. #28 ). (See attached Order). Signed by Judge John J Tuchi on 3/8/19. (JAMA) Modified on 3/8/2019 to include WO (JAMA).
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| Filing 31 RESPONSE to Motion re: #19 MOTION to Dismiss Case filed by Cherie A Fishburne. (Fishburne, Cherie A) |
| Filing 30 SUPPLEMENT Supplemental Request for Judicial Notice re: #19 MOTION to Dismiss Case by Defendant CitiMortgage Incorporated. (Attachments: #1 Exhibit Supplemental Request for Judicial Notice Exhibit A- Part 1 of 2, #2 Exhibit Supplemental Request for Judicial Notice Exhibit A- Part 2 of 2, #3 Exhibit Supplemental Request for Judicial Notice Exhibit B, #4 Exhibit Supplemental Request for Judicial Notice Exhibit C)(Swartz, Ryan) *Modified linkage on 3/7/2019 (DXD). |
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Filing 29
ORDER: IT IS ORDERED excusing Defendants from filing Responses to Plaintiff's Emergency Motion for Preliminary Injunction (Doc. #28 ), in light of their pending Motions to Dismiss (Docs. #16 , #18 , #19 , #23 ). IT IS FURTHER ORDERED that Plaintiff may file any Response to CitiMortgage Inc.'s Motion to Dismiss (Doc. #19 ) pertinent to the Court's resolution of Plaintiff's Emergency Motion for Preliminary Injunction (Doc. #28 ) by March 7, 2019. (See attached Order). Signed by Judge John J Tuchi on 3/5/19. (JAMA)
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| Filing 28 Emergency MOTION for Preliminary Injunction by Cherie A Fishburne. (DXD) |
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Filing 27
ORDER: IT IS ORDERED that Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendants' Collins and LaSpaluto's Motion to Dismiss (Doc. #23 ), no later than March 22, 2019. (See attached Order). Signed by Judge John J Tuchi on 3/1/19. (JAMA)
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Filing 26
ORDER granting #9 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within 5 days of the date of this Order. See document for complete details. Signed by Judge John J Tuchi on 2/27/19. (DXD)
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Filing 25
ORDER - Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a Responsive memorandum to each of the referenced Motions to Dismiss (Docs. #16 , #18 , #19 ) no later than 3/22/2019. Signed by Judge John J Tuchi on 2/27/19. (DXD)
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| Filing 24 Corporate Disclosure Statement by Tiffany & Bosco PA. (McDonald, Leonard) |
| Filing 23 *MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Carrie L Collins, S Matt Collins, David M LaSpaluto, Sarah Sabalos-LaSpaluto. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18)(Fredenberg, Daniel). *Modified to correct event/add motion on 2/28/2019 (DXD). |
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Filing 22
ORDER OF RECUSAL. That that this case be reassigned by random draw to another Judge in the District of Arizona. FURTHER ORDERED that this matter is reassigned by random draw to the Honorable John T. Tuchi. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-00256-PHX-JJT. Signed by Magistrate Judge Eileen S Willett on 2/26/19. (MAP)
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| Filing 21 Corporate Disclosure Statement by CitiMortgage Incorporated identifying Corporate Parent Citigroup Incorporated for CitiMortgage Incorporated. (Swartz, Ryan) |
| Filing 20 NOTICE TO FILER OF DEFICIENCY re: #19 MOTION to Dismiss Case filed by CitiMortgage Incorporated. 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. (SLQ) |
| Filing 19 MOTION to Dismiss Case by CitiMortgage Incorporated. (Attachments: #1 Points and Authorities in Support of Motion to Dismiss, #2 Affidavit Declaration of Ryan P. Swartz Re: Meet and Confer Efforts Prior to Filing Motion to Dismiss, #3 Request for Judicial Notice iso Motion to Dismiss)(Swartz, Ryan) |
| Filing 18 *MOTION to Dismiss Case by Leonard J McDonald, Tiffany & Bosco PA. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDonald, Leonard) *Modified removed motion part on 2/25/2019 (SLQ). |
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Filing 17
ORDER OF RECUSAL. That this case be reassigned, by lot, to another Judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Eileen S. Willett. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-00256-PHX-ESW. Signed by Judge Susan M Brnovich on 2/22/19. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 16 MOTION to Dismiss Case by Hugh Hegyi, Unknown Hegyi. (Attachments: #1 Exhibit)(Gould, Connie) |
| Filing 15 SERVICE EXECUTED filed by Cherie A Fishburne: Affidavit of Service re: Summons/ Complaint/ Notice/ Order upon David M LaSpaluto on 2/9/19. (DXD) |
| Filing 14 SERVICE EXECUTED filed by Cherie A Fishburne: Affidavit of Service re: Summons/ Complaint/ Notice/ Order upon S Matt Collins on 2/9/19. (DXD) |
| Filing 13 SERVICE EXECUTED filed by Cherie A Fishburne: Affidavit of Service re: Summons/ Complaint/ Notice/ Order upon Hugh Hegyi on 2/1/19. (DXD) |
| Filing 12 SERVICE EXECUTED filed by Cherie A Fishburne: Affidavit of Service re: Summons/ Complaint/ Notice/ Order upon CitiMortgage Incorporated on 2/6/19. (DXD) |
| Filing 11 SERVICE EXECUTED filed by Cherie A Fishburne: Affidavit of Service re: Summons/ Complaint/ Notice/ Order upon Leonard J McDonald on 2/1/19. (DXD) |
| Filing 10 SERVICE EXECUTED filed by Cherie A Fishburne: Affidavit of Service re: Summons/ Complaint/ Notice/ Order upon Tiffany & Bosco PA on 2/1/19. (DXD) |
| Filing 9 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Cherie A Fishburne. (DXD) |
| Summons Issued n person at the Customer Service Intake Counter as to CitiMortgage Incorporated, S Matt Collins, Hugh Hegyi, David M LaSpaluto, Leonard J McDonald, Tiffany & Bosco PA on 2/1/19. (GMP) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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Filing 8
ORDER granting #2 Motion for Leave to Proceed In Forma Pauperis. Signed by Judge Susan M Brnovich on 1/30/2019. (TCA)
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M Brnovich on 1/17/2019. (TCA)
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Filing 6
ORDER: Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on April 17, 2019. Signed by Judge Susan M Brnovich on 1/17/2019. (TCA)
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| 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. (SST) |
| Filing 4 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. (SST) |
| Filing 3 This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-19-00256-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SST) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Cherie A Fishburne. (SST) |
| Filing 1 COMPLAINT filed by Cherie A Fishburne. (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, #15 Exhibit 15, #16 Exhibit 16, #17 Civil Cover Sheet)(SST) |
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