Espinoza v. Crevecor Mortgage Incorporated et al
| Susana H Espinoza |
| Crevecor Mortgage Incorporated, HSBC Mortgage Services and Newrez LLC a Delaware Foreign LLC, (Arizona License No 91977) doing business as Shellpoint Mortgage Servicing NMLS ID 3013 |
| 2:2022cv00259 |
| February 17, 2022 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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Filing 25
ORDER that the parties' Stipulation of Dismissal with Prejudice is granted. (Doc. #24 .) IT IS FURTHER ORDERED that the Clerk of Court shall dismiss this action with prejudice. Signed by Judge Dominic W. Lanza on 3/14/22. (NKS)
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| Filing 24 STIPULATION of Dismissal With Prejudice by Newrez LLC. (Attachments: #1 Proposed Order)(Radmacher, Brenda) |
| Filing 23 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Oral Argument held on 3/11/2022 regarding the parties' briefs (Docs. #14 , #16 and #22 ). Argument held. For reasons as stated on the record, the Court will not grant Plaintiff's request for declaratory or injunctive relief. Further, the Court will not dismiss the case at this time since there is no motion to dismiss pending in this case. The Court denies Plaintiff's counsel's request for a $9,000.00 reduction on the balance of the note since this is not a form of relief requested in the complaint. Counsel are directed to meet and confer following the conclusion of this hearing to determine how this case will be proceeding. APPEARANCES: Thomas Horne (appearing telephonically) for Plaintiff. Plaintiff Susana Espinoza is present telephonically. C. Charles Townsend (appearing telephonically) for Defendant. (Court Reporter Christine Coaly) Hearing held 2:02 PM to 2:42 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 22 REPLY re: #14 Memorandum in Support of Plaintiffs Memorandum by Plaintiff Susana H Espinoza. (Horne, Thomas) *Modified linkage on 3/14/2022 (DXD). |
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Filing 21
ORDER: The Court issued an Order at Doc. 20 advising counsel that the hearing scheduled on March 11, 2022, would be converted from an in-person Evidentiary Hearing to a Telephonic Oral Argument unless counsel filed a notice by 4:00 p.m. this date setting forth rationale for the matter to remain as an Evidentiary Hearing. No notice having been filed, IT IS ORDERED vacating Evidentiary Hearing and converting the matter to a Telephonic Oral Argument on March 11, 2022, at 2:00 p.m. The call-in information is contained in the Court's Order at Doc. 20. Ordered by Judge Dominic W Lanza on 3/10/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 20
ORDER: Having reviewed the parties' briefs, it does not appear to the Court that it will be necessary to hold an evidentiary hearing on Friday, March 11, 2022. Instead, it appears that Friday's proceeding can be converted to a telephonic motion hearing. If either side disagrees, it may file a notice by 4:00 PM today setting forth its rationale. Otherwise, Friday's hearing will be converted to a telephonic motion hearing. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, headsets and connections through the internet are not permitted. Ordered by Judge Dominic W Lanza on 3/10/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 19 Corporate Disclosure Statement by Susana H Espinoza. (Horne, Thomas) |
| Filing 18 NOTICE re: of Availability of US Magistrate Judge to Exercise Jurisdiction *Modified on 3/9/22 to Reflect Consent Forms are not to be e-filed (MAP). |
| Filing 17 Corporate Disclosure Statement by Susana H Espinoza. (Horne, Thomas) |
| Filing 16 *RESPONSE re: #14 Memorandum by Newrez LLC. (Attachments: #1 Exhibit) (Townsend, C) *Modified from notice to response/ add linkage on 3/9/2022 (DXD). |
| Filing 15 NOTICE re: Defendant's Notice of Filing Amended Notice of Removal by Newrez LLC . (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit)(Townsend, C) |
| Filing 14 MEMORANDUM Plaintiff's Memorandum by Plaintiff Susana H Espinoza. (Horne, Thomas) |
| Filing 13 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 3/1/2022 set on the Court's own Motion (Doc. 10). Discussion held. For reasons as stated on the record, IT IS ORDERED denying without prejudice Plaintiff's Verified Application for Temporary Restraining Order and Mandatory Injunction (Doc. #2 ). IT IS FURTHER ORDERED directing Plaintiff's counsel to file no later than 5:00 p.m., March 4, 2022, a Motion for final determination of declaration on the merits. Defendant's response shall be filed no later than 5:00 p.m., March 9, 2022. Plaintiff's reply shall be filed no later than 5:00 p.m., March 10, 2022. IT IS FURTHER ORDERED setting Evidentiary Hearing and Motion Hearing on March 11, 2022, at 2:00 p.m. (2 hours). If, after reviewing the parties' briefs, the Court determines an evidentiary hearing is not necessary the Court will convert the hearing to a Telephonic Oral Argument and counsel will be provided with the call-in information. APPEARANCES: Thomas Horne (appearing telephonically) for Plaintiff. C. Charles Townsend (appearing telephonically) for Defendant. (Court Reporter Teri Veres) Hearing held 10:30 AM to 11:04 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) Modified on 3/1/2022 (MAW). |
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Filing 12
ORDER: IT IS ORDERED that Defendant's Motion for Leave to File an Amended Notice of Removal (Doc. #11 ) is granted. The deadline for Defendant Shellpoint to file an amended notice of removal is March 8, 2022. Ordered by Judge Dominic W Lanza on 2/28/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 11 MOTION to Amend/Correct #1 Notice of Removal, by Newrez LLC. (Attachments: #1 Proposed Order)(Townsend, C) |
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Filing 10
ORDER: The Court has reviewed the notice of removal (Doc. #1 ) and Defendant Newrez LLC's notice of pending motion (Doc. #8 ). IT IS ORDERED setting a telephonic status conference on March 1, 2022 at 10:30 AM to further discuss these matters. At the hearing, counsel for Defendant Newrez LLC should be prepared to address whether the notice of removal, which only alleges Plaintiff's state of residence (but not citizenship), properly establishes the existence of diversity jurisdiction. Steigleder v. McQuesten, 198 U.S. 141, 143 (1905). Both sides should also be prepared to address whether it is necessary to set a hearing on the pending motion (Doc. #2 ) and, if so, what schedule the Court should adopt. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, headsets and connections through the internet are not permitted. Ordered by Judge Dominic W Lanza on 2/25/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 9 Corporate Disclosure Statement by Newrez LLC. (Attachments: #1 Exhibit A)(Radmacher, Brenda) |
| Remark: Pro hac vice motion(s) granted for C Charles Townsend on behalf of Defendant Newrez LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 NOTICE re: of Pending Motion Re "Verified Application" for Temporary Restraining Order and Mandatory Injunction Pursuant to Local Rule 3.6(d) by Newrez LLC . (Radmacher, Brenda) |
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Filing 7
ORDER this case be reassigned, by lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Dominic W. Lanza. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-22-00259-PHX-DWL. Signed by Judge Susan M. Brnovich on 2/18/2022. (ESG)
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: Document not in compliance with LRCiv 3.6(d). FOLLOW-UP ACTION REQUIRED: Please file a "Notice" of Pending Motion. 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. (BAC) |
| Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Newrez LLC. (BAC) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Newrez 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 3 Filing fee paid, receipt number AAZDC-20361985. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-22-00259-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Mandatory Injunction by Susana H Espinoza. (BAC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-000547 (TRO Requested). Filing fee received: $402.00, receipt number AAZDC-20361985 filed by Newrez LLC. (Radmacher, Brenda) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Attachment)(BAC) |
| ***STATE COURT RECORDS RECEIVED: ANSWER to Complaint by Newrez LLC. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES***(BAC) |
| ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED: Certificate of Service re: TRO, Mandatory Injuction, Order to Show Cause petition, Ntc to court upon Crevecor Mortgage Incorporated on 1/28/22; TRO, Mandatory Injuction, Order to Show Cause petition, Ntc to court upon HSBC Mortgage Incorporated on 1/28/22 (original filed in Maricopa County Superior Court on 1/22/22).Certificate of Service re: TRO, Mandatory Injuction, Order to Show Cause petition, Ntc to court, date/time of appearance upon Crevecor Mortgage Incorporated on 1/31/22; TRO, Mandatory Injuction, Order to Show Cause petition, Ntc, date/time of appearance to court upon HSBC Mortgage Incorporated on 1/31/22 (original filed in Maricopa County Superior Court on 1/22/22).(BAC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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