WNJ24K LLC et al v. Civic Financial Services LLC et al
| David Hersh and WNJ24K LLC |
| Trustee for Civic Holdings III Trust, Unknown Parties, Fay Servicing LLC, DLJ Mortgage Capital Incorporated and Civic Financial Services LLC |
| Kira A Schlesinger Conrad |
| 2:2021cv00322 |
| February 23, 2021 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Eileen S Willett |
| Real Property: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 50 MOTION to Dismiss for Failure to State a Claim by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Riether, Robert) |
| Filing 49 WITHDRAWAL OF DOCUMENT re: #47 MOTION to Dismiss for Failure to State a Claim by Defendants Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Riether, Robert) |
Filing 48
SEALED ORDER - IT IS THEREFORE ORDERED that the Emergency Motion to Withdraw as Counsel of Record (Doc. #34 ) is granted. (See document for further details). Signed by Judge Steven P Logan on 4/21/2021.(LAD) cc: Plaintiff & Plaintiff's Counsel
|
| Filing 47 *MOTION to Dismiss for Failure to State a Claim by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee For Civic Holdings III Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Riether, Robert) *Modified on 4/22/2021 to correct filers (KAH). |
| Filing 46 MINUTE ORDER: The exhibits in the case at the time of hearing on 3/22/2021 are returned to respective counsel. Signed by the clerk on 4/12/2021. (LMR) |
| Filing 45 SEALED REPLY to Ms. Schlesinger re: #44 Reply to #40 Response to #34 Motion by David Hersh. (Attachments: #1 Exhibit, #2 Exhibit)(LAD) (120 pages, filed as pro se) |
| Filing 44 SEALED REPLY to Response to Motion re: #34 Emergency MOTION to Withdraw as Attorney for Plaintiffs David Hersh and WNJ24k, LLC by Kira A Schlesinger Conrad. (Attachments: #1 Affidavit Declaration of K. Schlesinger, #2 Text of Proposed Order Proposed Order)(Schlesinger, Kira) |
| Filing 43 WITHDRAWAL OF DOCUMENT re: #41 Reply to Response to Motion to Withdraw and Declaration 41-1 by Movant Kira A Schlesinger Conrad. (Attachments: #1 Text of Proposed Order)(Schlesinger, Kira) |
|
Filing 42
ORDER - Counsel may file an ex parte affidavit under seal, explaining the reasons justifying withdrawal, no later than 4/9/21, and shall file proof of service of this order and the affidavit on Plaintiff. Plaintiff David Hersh may file an ex parte response under seal by 4/16/21. Signed by Judge Steven P Logan on 3/31/21. (DXD)
|
| Filing 41 *WITHDRAWN pursuant to #43 -- REPLY to Response to Motion re: #34 Emergency MOTION to Withdraw as Attorney for Plaintiffs filed by Kira A Schlesinger Conrad. (Attachments: #1 Affidavit Declaration in Support of Reply to Opposition to Motion to Withdraw)(Schlesinger, Kira) *Modified on 4/5/2021 (MHW). |
| Filing 40 RESPONSE to Motion re: #34 Emergency MOTION to Withdraw as Attorney for Plaintiffs filed by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Riether, Robert) |
|
Filing 39
ORDER: The parties' Stipulation #38 is granted. Defendants shall have until April 22, 2021, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 3/29/2021. (LMR)
|
| Filing 38 STIPULATION to Extend Deadline for Defendants to File Response to Plaintiffs' Complaint by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Attachments: #1 Text of Proposed Order)(Riether, Robert) |
|
Filing 37
ORDER: Plaintiffs' Application for Temporary Restraining Order #2 is denied. See order for details. Signed by Judge Steven P. Logan on 3/24/2021. (LMR)
|
| Filing 36 SUPPLEMENT Defendants' Supplemental Opposition to Plaintiffs' Application for Temporary Restraining Order/Preliminary Injunction re: #14 Response to Motion by Defendants Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Riether, Robert) |
| Filing 35 SUPPLEMENT Supplemental Briefing re: #32 Motion Hearing Re Application for Preliminary Injunction by Plaintiffs David Hersh, WNJ24K LLC. (Attachments: #1 Affidavit David Hersh)(Schlesinger, Kira) |
| Filing 34 *Emergency MOTION to Withdraw as Attorney for Plaintiffs by David Hersh, WNJ24K LLC. (Attachments: #1 Text of Proposed Order (Proposed) Order Re Emergency Motion to Withdraw as Counsel)(Schlesinger, Kira) *Modified to remove ex parte on 3/24/2021 (DXD). |
| Filing 33 AMENDED TRANSCRIPT REQUEST pursuant to 30 Notice of Deficiency by David Hersh, WNJ24K LLC for proceedings held on 3/22/21, Judge Steven P Logan hearing judge(s). (Schlesinger, Kira) |
| Filing 30 NOTICE TO FILER OF DEFICIENCY re: AO435 #29 Transcript Request filed by David Hersh, WNJ24K LLC. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. 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 29 TRANSCRIPT REQUEST by David Hersh, WNJ24K LLC for proceedings held on 3/22/21, Judge Steven P Logan hearing judge(s). (Schlesinger, Kira) |
| Filing 32 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Evidentiary Hearing on Plaintiff's Motion for Temporary Restraining Order held on 3/22/2021. The parties shall submit additional briefing, not longer than five pages, by 5:00 p.m. on March 24, 2021. See attached minutes for details. (Court Reporter Elva Cruz-Lauer.) Hearing held 10:34 AM to 12:33 PM.(LMR) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing proceedings held on 03/22/2021, before Judge STEVEN P. LOGAN. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. 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 4/12/2021. Redacted Transcript Deadline set for 4/22/2021. Release of Transcript Restriction set for 6/21/2021. (RAP) |
| Filing 28 AMENDED TRANSCRIPT REQUEST pursuant to 27 Notice of Deficiency by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust for proceedings held on 3/22/2021, Judge Steven P Logan hearing judge(s). (Riether, Robert) |
| Filing 27 NOTICE TO FILER OF DEFICIENCY re: AO435 #26 Transcript Request filed by DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust, Civic Financial Services LLC. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. 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 26 TRANSCRIPT REQUEST by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust for proceedings held on 3/22/2021, Judge Steven P Logan hearing judge(s). (Riether, Robert) |
| Filing 25 NOTICE TO FILER OF DEFICIENCY re: #23 Report - Status. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please corect future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 24 NOTICE TO FILER OF DEFICIENCY re: #20 Statement, #19 Notice. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. (DXD) |
| Filing 23 STATUS REPORT re: Telephonic Appearance in Advance of March 22, 2021 Evidentiary Hearing by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Riether, Robert) |
|
Filing 22
ORDER: Defendant's Motion to Appear Remotely #16 is granted. Defendant's counsel, Robert Riether and Michael Paterno, may appear telephonically at the March 22, 2021 preliminary injunction hearing. Counsel shall email Judge Logan's chambers by March 19, 2021 at 3:00 p.m. to obtain the call-in information. The parties shall jointly file a Status Report no later than March 19, 2021 at 3:00 p.m. The report shall specifically detail which witnesses will testify telephonically. Signed by Judge Steven P. Logan on 3/19/2021. (LMR)
|
| Filing 21 NOTICE re: Notice of Filing Proposed Findings of Fact and Conclusions of Law; Order by David Hersh, WNJ24K LLC re: #15 Order . (Attachments: #1 Exhibit Proposed Findings of Fact and Conclusions of Law and (proposed) Order)(Schlesinger, Kira) |
| Filing 20 STATEMENT of Joint Pre-Hearing Statement by Defendants Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Riether, Robert) |
| Filing 19 NOTICE re: Notice of Filing Proposed Findings of Fact, Conclusions of Law by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust . (Attachments: #1 Exhibit 1)(Riether, Robert) |
| Filing 18 NOTICE TO FILER OF DEFICIENCY re: #17 Reply to 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. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 17 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order filed by David Hersh, WNJ24K LLC. (Schlesinger, Kira) |
| Filing 16 MOTION to Appear Remotely at the March 22, 2021 Preliminary Injunction Hearing by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Riether, Robert) |
|
Filing 15
ORDER: The Preliminary Injunction Hearing presently scheduled for March 22, 2021 at 10:30am before the Honorable Judge Steven P. Logan, United States District Judge, shall be held in person in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 503. If remote appearances are needed, the parties shall make any such request by motion by March 18, 2021.The hearing shall be an evidentiary hearing and shall be set for 1.5 hours. The parties shall jointly prepare and file a joint pre-hearing statement by March 18, 2021. See order for additional deadlines and details. Signed by Judge Steven P. Logan on 3/15/2021. (LMR)
|
| Filing 14 RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order filed by Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC. (Riether, Robert) |
| Filing 13 NOTICE re: Notice of Parties' Positions on Evidentiary Hearing by David Hersh, WNJ24K LLC re: #10 Order, Set Motion Hearing . (Schlesinger, Kira) |
| Filing 12 NOTICE re: Notice of Filing Proofs of Service by David Hersh, WNJ24K LLC re: #10 Order, Set Motion Hearing . (Schlesinger, Kira) |
|
Filing 11
PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion 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. Unless the Court orders otherwise, on May 24, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 2/25/2021. (LMR)
|
|
Filing 10
ORDER: Plaintiffs' Motion for Temporary Restraining Order #2 is denied in part to the extent it requests issuance of a temporary restraining order. Plaintiffs have until March 5, 2021 to file proof of service on Defendants of the Complaint, the Motion for Temporary Restraining Order, and this Order. Defendants have until March 12, 2021 to file a response to the Motion for Temporary Restraining Order. Plaintiff shall have until March 17, 2021 to file a reply in support of the Motion for Temporary Restraining Order. The Court will hold a hearing on the Motion for Temporary Restraining Order #2 on March 22, 2021 at 10:30 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. The hearing shall be held telephonically, and the parties shall jointly email Judge Logan's Chambers by March 19, 2021 to obtain the call-in information. The parties shall file a Joint Notice by March 12, 2021 indicating whether the Motion may be decided on the briefing and oral argument, or whether an evidentiary hearing is needed. See order for additional details. Signed by Judge Steven P. Logan on 2/25/2021. (LMR)
|
| Filing 9 AMENDED Filing fee paid, receipt number 0970-19191623. This case has been randomly reassigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-21-00322-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 8 MINUTE ORDER: Judge Willett was assigned in error. This case has been randomly reassigned to the Honorable Steven P Logan. All future filings shall reflect the following case number CV-21-00322-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by David Hersh, WNJ24K LLC. 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. (BAC) |
| Filing 6 Summons Issued as to Civic Financial Services LLC, DLJ Mortgage Capital Incorporated, Fay Servicing LLC, Trustee for Civic Holdings III Trust. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 Filing fee paid, receipt number 0970-19191623. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-21-00322-PHX-ESW. Magistrate Election form attached. (BAC) |
| Filing 4 SUMMONS Submitted by David Hersh, WNJ24K LLC. (Schlesinger, Kira) (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC) |
| Filing 3 Corporate Disclosure Statement by WNJ24K LLC. (Schlesinger, Kira) (BAC) |
| Filing 2 MOTION for Temporary Restraining Order by David Hersh, WNJ24K LLC. (Schlesinger, Kira) (Attachments: #1 Affidavit Declaration of David Hersh, #2 Affidavit Declaration of Schlesinger, #3 Text of Proposed Order Proposed Order)(BAC) |
| Filing 1 COMPLAINT FOR DAMAGES; INJUNCTIVE RELIEF (TRO Requested). Filing fee received: $402.00, receipt number 0970-19191623 filed by WNJ24K LLC, David Hersh. (Schlesinger, Kira) (Attachments: #1 Civil Cover Sheet)(BAC) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
