Polzin et al v. Carrington Mortgage Services LLC et al
| Lynn Marie Polzin and Michael Wade Bergstrom |
| Carrington Mortgage Services LLC and Jordan Elise Properties LLC |
| 2:2023cv00006 |
| January 3, 2023 |
| US District Court for the District of Arizona |
| Stephen M McNamee |
| Real Property: Foreclosure |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting Plaintiffs' Motion for Expedited Consideration of Motion for Consideration. (Doc. #29 ). IT IS FURTHER ORDERED denying Plaintiffs' Motion for Reconsideration. (Doc. #28 ). Signed by Senior Judge Stephen M McNamee on 2/27/2023. (LFIG)
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| Filing 29 First MOTION to Expedite #28 Motion for Reconsideration by Lynn Marie Polzin. (Attachments: #1 Attachment)(Polzin, Lynn Marie) Modified to add link and text on 2/27/2023 (WLP). |
| Filing 28 First MOTION for Reconsideration re: #25 Order by Lynn Marie Polzin. (Attachments: #1 Attachment)(Polzin, Lynn Marie) Modified link and text on 2/27/2023 (WLP). |
| Filing 27 NOTICE of Errata #9 Amended Motion for TRO and Preliminary Injunction by Plaintiff Lynn Marie Polzin. (Polzin, Lynn Marie) Modified to add link and text on 2/27/2023 (WLP). |
| Filing 26 AFFIDAVIT in Support re: #19 AMENDED MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Lynn Marie Polzin. (Polzin, Lynn Marie) Modified to correct link on 2/27/2023 (WLP). |
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Filing 25
ORDER: Plaintiffs' Amended Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #19 ) is denied. Plaintiff's original Motion for Preliminary Injunction (Doc. #13 ) is denied as moot. All deadlines set in the Court's previous Order (Doc. #15 ) are vacated. Defendant Carrington Mortgage Services LLC's Motion to Extend Time (Doc. #18 ) is granted in part and denied as moot in part. The deadline for Carrington to file a responsive pleading is extended to March 8, 2023. Plaintiffs' Motion to Expedite Consideration of Amended Motion (Doc. #20 ) is denied as moot. See order for details. Signed by Senior Judge Stephen M. McNamee on 2/24/2023. (LMR)
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| Filing 24 RESPONSE in Opposition re: #20 First MOTION to Expedite consideration of amended motion TRO and preliminary injunction filed by Carrington Mortgage Services LLC. (Gale, Jessica) |
| Filing 23 SERVICE EXECUTED filed by Lynn Marie Polzin: Certificate of Service re: Motions Expedited consider and amended motion upon Kyle Kramer on 2/24/2023. (Polzin, Lynn Marie) |
| Filing 22 RESPONSE in Opposition re: #18 MOTION for Extension of Time to File Answer and Motion for Preliminary Injunction filed by Lynn Marie Polzin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Polzin, Lynn Marie) |
| Filing 21 NOTICE TO FILER OF DEFICIENCY re: #18 MOTION for Extension of Time to File Answer and Motion for Preliminary Injunction filed by Carrington Mortgage Services 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 David E. Funkhouser III but submitted using the log-in and password belonging to attorney Jessica Gale. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 20 First MOTION to Expedite Consideration of #19 Amended Motion TRO and Preliminary Injunction by Lynn Marie Polzin. (Attachments: #1 Attachment)(Polzin, Lynn Marie) Modified to remove Ex Parte and to add link on 2/24/2023 (WLP). |
| Filing 19 AMENDED MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Lynn Marie Polzin. (Attachments: #1 Exhibit, #2 Exhibit)(Polzin, Lynn Marie) Modified to correct event on 2/24/2023 (WLP). |
| Filing 18 MOTION for Extension of Time to File Answer and Motion for Preliminary Injunction by Carrington Mortgage Services LLC. (Attachments: #1 Proposed Order)(Gale, Jessica) |
| Filing 17 SERVICE EXECUTED filed by Lynn Marie Polzin: Proof of Service re: Order upon Kyle Kramer on behalf of Jordan Elise Properties on 2/20/2023. (Polzin, Lynn Marie) |
| Filing 16 SERVICE EXECUTED filed by Lynn Marie Polzin: Proof of Service re: Motion and Order upon Robert Reither on behalf of Carrington Mortgage Services on 2/20/2023. (Polzin, Lynn Marie) |
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Filing 15
ORDER that Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, (Doc. #13 ), is denied in part to the extent that it requests a TRO. The Court will consider whether to issue a preliminary injunction after the parties have engaged in briefing. IT IS FURTHER ORDERED that Plaintiffs have until February 20, 2023 to file proof of service on Defendants of the Motion, (Doc. #13 ), and this Order. Defendants shall have until February 27, 2023 to file a response to the Motion. Plaintiffs shall have until March 3, 2023 to file a reply in support of their Motion. IT IS FURTHER ORDERED that by March 8, 2023, the parties must jointly file a notice indicating whether the Motion can be decided on briefing and oral argument, or whether an evidentiary hearing is needed. The Court will set a hearing after that date. Signed by Senior Judge Stephen M McNamee on 2/13/2023. (LFIG)
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Filing 14
ORDER granting #11 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 Senior Judge Stephen M McNamee on 2/13/2023. (LFIG)
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| Filing 13 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Michael Wade Bergstrom, Lynn Marie Polzin. (WLP) Modified to term on 2/24/2023 due to Amended Motion being filed (WLP). |
| Filing 12 DECLARATION of Michael Wade Bergstrom by Plaintiff Michael Wade Bergstrom. (WLP) |
| Filing 11 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Lynn Marie Polzin. (WLP) |
| Filing 10 SERVICE EXECUTED filed by Michael Wade Bergstrom, Lynn Marie Polzin: Proof of Service re: Summons, Complaint upon Carrington Mortgage Services LLC on 1/23/2023. (WLP) |
| Filing 9 SERVICE EXECUTED filed by Michael Wade Bergstrom, Lynn Marie Polzin: Proof of Service re: Summons, Complaint upon Jordan Elise Properties LLC c/o Kyle Cramer of Copper Canyon Law on 2/10/2023. (WLP) |
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Filing 8
ORDER denying without prejudice Plaintiff's Motion to Allow Electronic Filing. (Doc. #7 ). Plaintiff may re-file a motion requesting electronic filing and fill out all sections of the form. ORDERED by Senior Judge Stephen M McNamee on 1/23/2023. (LFIG)
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| Filing 7 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Lynn Marie Polzin. (CLM) (7 pages) |
| Filing 6 Summons Issued as to Carrington Mortgage Services LLC, Jordan Elise Properties LLC and provided to plaintiff at counter. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 SUMMONS Submitted by Michael Wade Bergstrom and Lynn Marie Polzin at counter. (BAS) |
| Filing 4 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Lynn Marie Polzin. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) |
| Filing 3 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. (BAS) |
| Filing 2 Filing fee paid, receipt number 200003969. This case has been assigned to the Honorable Stephen M. McNamee. All future pleadings or documents should bear the correct case number: CV-23-00006-PHX-SMM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAS) |
| Filing 1 COMPLAINT AND REQUEST FOR INJUNCTION. Filing fee received: $ 402.00, receipt number 200003969 filed by Lynn Marie Polzin, Michael Wade Bergstrom. (Attachments: #1 part 2)(BAS) |
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