Varrato et al v. Specialized Loan Servicing LLC et al
| George Varrato and Lori Klindera |
| Bank of New York Mellon, Specialized Loan Servicing LLC, Bank of New York as Indentured Trustee of CWHEO Revolving Home Equity Loan Trust, Series and Mortgage Law Firm PC |
| 2:2022cv00324 |
| March 1, 2022 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER that the Clerk of Court shall, without further notice, dismiss this entire case on 5/2/2022, with prejudice, unless prior thereto a party withdraws the Notice of Settlement (Doc. #30 ). FURTHER ORDERED that any pending deadlines in this matter are stayed. FURTHER ORDERED vacating the Preliminary Injunction Hearing scheduled for Monday, 4/4/2022, at 1:00 PM. FURTHER ORDERED that the Temporary Restraining Order (Doc. #22 ), which enjoins the Defendants from proceeding with the trustee's sale of the real property located at 10017 N. 37th Drive, Phoenix, Arizona, 85051, and which is set to expire at 12:00 PM on 4/5/2022, is extended to 5/3/2022. Signed by Judge Michael T. Liburdi on 4/1/2022. (RMW)
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Filing 30
NOTICE of Settlement by Bank of New York Mellon, Specialized Loan Servicing LLC. (Nelson, Kevin)
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Filing 29
*Amended RESPONSE in Opposition re: #26 MOTION for Preliminary Injunction filed by Bank of New York Mellon, Specialized Loan Servicing LLC. (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)(Nelson, Kevin) *Modified to correct docket text on 4/4/2022 (SST).
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Filing 28
RESPONSE in Opposition re: #26 MOTION for Preliminary Injunction filed by Bank of New York Mellon, Specialized Loan Servicing LLC. (Nelson, Kevin)
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Filing 27
ORDER granting #25 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 five (5) days of the date of this Order. See document for complete details. Signed by Judge Michael T Liburdi on 3/30/22. (SST)
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Filing 26
MOTION for Preliminary Injunction (Titled: Plaintiffs' Brief in Support of Motion for Preliminary Injunction) by George Varrato. (36 Pages) (REK)
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Filing 24
ORDER: Good cause appearing, IT IS ORDERED granting the Stipulation for Extension of Time (Doc. #23 ). The deadline for Plaintiffs to file their motion for preliminary injunction is extended to midnight on 3/29/2022. Plaintiffs shall email a copy of the motion for preliminary injunction to Defendants' counsel on or before the deadline. IT IS FURTHER ORDERED that Defendants' deadline to file their response to Plaintiffs' motion is extended to noon on 4/1/2022. Defendants' counsel shall email a copy of the response to Plaintiffs on or before the deadline. IT IS FURTHER ORDERED that Plaintiffs shall have until noon on 4/3/2022, to file their reply to Defendants' response to the motion for preliminary injunction. Plaintiffs shall email a copy of the reply to Defendants' counsel on or before the deadline. There will be no further extensions. Ordered by Judge Michael T. Liburdi on 3/29/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 25
MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by George Varrato. (9 Pages) (REK)
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Filing 23
STIPULATION FOR EXTENSION OF TIME by Bank of New York Mellon, Specialized Loan Servicing LLC. (Attachments: #1 Proposed Order (Proposed) Order Regarding Stipulation for Extension of Time)(Nelson, Kevin)
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Filing 22
ORDER granting Plaintiffs' Motion for a Temporary Restraining Order (Doc. #17 ). Defendants are enjoined from proceeding with the trustee's sale of the real property located at 10017 N. 37th Drive, Phoenix, Arizona, 85051. FURTHER ORDERED this TRO shall remain in effect until 12:00 PM on 4/5/2022. FURTHER ORDERED that the Court will hold a Preliminary Injunction Hearing on Monday, 4/4/2022 at 1:00 PM. FURTHER ORDERED that Plaintiffs shall file a Motion for Preliminary Injunction by 3/25/2022. Defendants shall file a response by 3/30/2022. Plaintiffs shall file a Reply by 4/3/2022. FINALLY ORDERED dismissing Defendant's Motion to Dismiss (Doc. #11 ) without prejudice. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 3/22/2022. (RMW)
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Filing 21
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: In-Court Hearing held on 3/22/2022. Discussion held regarding Plaintiff's Renewed Verified Emergency Motion for Temporary Restraining Order/Preliminary Injunction, (Doc. 17). 3:24 PM - Court stands at recess. 3:59 PM - Court reconvenes. For reasons stated on the record, Plaintiff's motion will be granted. Separate order to issue. APPEARANCES: George Varrato (Pro Se Plaintiff). Telephonic appearance by Kevin Nelson for Defendants. (Court Reporter Christine Coaly) Hearing held 3:06 PM - 3:24 PM and 3:59 PM - 4:10 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 20
NOTICE of Hearing for Plaintiff's Motion for TRO/Injunction by George Varrato. (SST) (4 pages)
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Filing 19
ORDER: IT IS ORDERED setting a hearing for today, Tuesday, 3/22/2022 at 3:00 PM, in Courtroom 505. Counsel for either party may appear in person or by telephone. Parties will call in to the conference line at 1-888-363-4735, access code 7144701 to participate by telephone. IT IS FURTHER ORDERED that Plaintiff must give notice to Defendants' counsel of the hearing and the call-in instructions. By 2:45 PM today, 3/22/2022, Plaintiff must file a notice with the Court indicating how notice was given to Defendants. Ordered by Judge Michael T. Liburdi on 3/22/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 18
First AMENDED COMPLAINT against Bank of New York Mellon, Specialized Loan Servicing LLC filed by George Varrato, Lori Klindera. (SST) (44 pages)
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Filing 17
Renewed Verified Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Lori Klindera, George Varrato. (SST) (50 pages)
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Filing 16
MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Motion Hearing Re: #8 Plaintiffs' Motion for Temporary Restraining Order ("TRO") and Motion for Preliminary Injunction held on 3/17/2022. For the reasons stated on the record, the Motions (Doc. #8 ) are DENIED. The Court will grant Plaintiff leave to amend his Complaint. The Amended Complaint shall be filed by no later than March 31, 2022. If a renewed motion for TRO is filed, it must be emailed to defense counsel and delivered to the Court and filed with the Clerk. If an Amended Complaint is not filed, Plaintiff has until 4/8/2022 to file a response to the pending Motion to Dismiss (Doc. #11 ). APPEARANCES: Pro Se Plaintiffs George Varrato. Evan Schube for Defendants (Court Reporter Christine Coaly.) Hearing held 1:14 PM to 1:57 PM.(AO)
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Filing 15
REPLY to Response to Motion re: #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Lori Klindera, George Varrato. (REK)
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Filing 14
NOTICE TO FILER OF DEFICIENCY re: #13 Notice of Attorney Appearance/Substitution - USA filed by Bank of New York Mellon, Specialized Loan Servicing LLC. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Evan Schube but submitted using the log-in and password belonging to attorney Kevin Nelson. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST)
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Filing 13
*NOTICE of Appearance by Evan P. Schube on behalf of Bank of New York Mellon, Specialized Loan Servicing LLC. . (Nelson, Kevin) *Modified to reflect correct event and Local Rule violation; attorney noticed on 3/15/2022 (SST).
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Filing 12
RESPONSE in Opposition re: #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response in Opposition to Plaintiff's Verified Emergency Motion for Temporary Restraining Order/Preliminary Injunction filed by Bank of New York Mellon, Specialized Loan Servicing LLC. (Nelson, Kevin)
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Filing 11
MOTION to Dismiss for Failure to State a Claim by Bank of New York Mellon, Specialized Loan Servicing LLC. (Attachments: #1 Exhibit Certificate of Conferral, #2 Exhibit Home Equity Line of Credit (HELOC), #3 Exhibit Deed of Trust, #4 Exhibit Modification, #5 Exhibit Statement of Breach, #6 Exhibit Notice of Trustee's Sale)(Nelson, Kevin)
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Filing 10
ORDER: IT IS ORDERED that Defendants shall file a response brief to the pending Motion for Temporary Restraining Order (Doc. #8 ) by no later than Monday, 3/14/2022, at noon. Defendants shall email a copy of their response brief to Plaintiffs. Plaintiffs shall file their reply brief by no later Wednesday 3/16/2022, at noon. Plaintiffs shall email a copy of their reply brief to Defendants and file their reply brief with the Clerk of the Court's office. A curtesy copy of the response brief and reply brief shall be sent to chambers. IT IS FURTHER ORDERED setting an in-person oral argument on the motion for Temporary Restraining Order (Doc. #8 ) for Thursday, 3/17/2022 at 1:00 PM, to be held at 401 W. Washington Street, Phoenix, Arizona, Courtroom 504. Ordered by Judge Michael T. Liburdi on 3/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 9
BRIEF in Support of #8 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs Lori Klindera, George Varrato. (SST) (14 pages)
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Filing 8
Verified Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Lori Klindera, George Varrato. (SST) (4 pages)
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Filing 7
Corporate Disclosure Statement by Bank of New York Mellon identifying Corporate Parent The Bank of New York Mellon Corporation for Bank of New York Mellon. (Nelson, Kevin)
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Filing 6
Corporate Disclosure Statement by Specialized Loan Servicing LLC identifying Other Affiliate Specialized Loan Servicing Holdings LLC, Other Affiliate Computershare Mortgage Services Incorported for Specialized Loan Servicing LLC. (Nelson, Kevin)
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Filing 5
NOTICE of Errata re: #1 Notice of Removal, by Defendants Bank of New York Mellon, Specialized Loan Servicing LLC.. (Nelson, Kevin)
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Filing 4
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)
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Filing 3
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 Bank of New York Mellon, Specialized Loan Servicing LLC. (MCO)
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Filing 2
Filing fee paid, receipt number AAZDC-20400125. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-22-324-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
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Filing 1
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-050435. Filing fee received: $ 402.00, receipt number AAZDC-20400125 filed by Bank of New York Mellon, Specialized Loan Servicing LLC. (Nelson, Kevin) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(MCO)
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***STATE COURT RECORD RECEIVED*** SERVICE EXECUTED : Certificate of Service re: Summons/Certificate of Compulsory Arbitration/Civil Complaint/Plaintiff's Demand for Jury Trial/Verified Complaint upon Christine Garrett, United Agent Group on behalf of Specialized Loan Servicing LLC on 2/9/2022. (Original filed in Maricopa County Superior Court on 2/12/2022) Certificate of Service re: Summons/Certificate of Compulsory Arbitration/Civil Complaint/Plaintiff's Demand for Jury Trial/Verified Complaint upon Christine Garrett, United Agent Group on behalf of The Mortgage Law Firm, PC on 2/11/2022. (Original filed in Maricopa County Superior Court on 2/12/2022) (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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