Gardina v. M&T Bank et al
| Mitchell Steven Gardina |
| Mr. Cooper Group also known as Nationstar Mortgage LLC doing business as Community Loan Servicing doing business as Nationstar Mortgage, M&T Bank, Quality Loan Services, Lakeview Loan Servicing LLC, Community Loan Servicing LLC, Nationstar Mortgage LLC, Blue Water Capital LLC, Mr. Cooper, Mr. Cooper Home Loan, Nationstar Mortgage Holding LLC, Nationstar Revese Mortgage Funding LLC, Bayview Residential Capital LLC, Nationstar Mortgage Holdings LLC, Nationstar Reverse Mortgage Funding LLC, Quality Loan Service Corporation, Mr. Cooper Group Incorporated and Mr. Cooper Home Loans |
| 2:2023cv00888 |
| May 19, 2023 |
| US District Court for the District of Arizona |
| Steven P Logan |
| 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 June 27, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ORDER: the Motion to Dismiss (Doc. #30 ) is granted and this matter is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41. All pending motions are denied as moot. The Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 6/26/2023. (KJ)
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| Filing 30 MOTION to Dismiss Case by Mitchell Steven Gardina. (KJ) |
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Filing 28
ORDER: IT IS ORDERED that no later than June 28, 2023, Plaintiff must file a Notice clarifying whether he seeks voluntary dismissal of this action or whether he seeks leave to file a fourth amended complaint. IT IS FURTHER ORDERED that if Plaintiff fails to file such a Notice by June 28, 2023, the Court will construe Plaintiff's "Motion to Dismiss Second Amended Complaint for Failure to Assert Any Claims" as a notice of voluntary dismissal, and the action will be subject to immediate dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) [see attached Order for details]. Signed by Judge Steven P Logan on 6/14/23. (MAW)
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| Filing 23 Corporate Disclosure Statement by Community Loan Servicing LLC. (Pelcic, Collette) |
| Filing 22 Corporate Disclosure Statement by Bayview Residential Capital LLC. (Pelcic, Collette) |
| Filing 21 MOTION to Dismiss Party Blue Water Capital, LLC by Blue Water Capital LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Grandmont, Gregory) |
| Filing 20 Corporate Disclosure Statement by Blue Water Capital LLC identifying Corporate Parent Blue Water Capital LLC for Blue Water Capital LLC. (Grandmont, Gregory) |
| Filing 27 *RESPONSE to Motion re: #26 MOTION to Dismiss for Failure to State a Claim filed by Mitchell Steven Gardina. (KJ) *Modified docket text on 6/14/2023 to indicate this document was filed as a response based on the language contained within Doc. #18 suggesting it was a possible response to Doc. #26 (NKS). |
| Filing 26 MOTION to Dismiss for Failure to State a Claim by Quality Loan Service Corporation. (7 pages) (KJ) |
| Filing 19 Corporate Disclosure Statement by Quality Loan Service Corporation, Quality Loan Services. (Coutts, Melissa) |
| Filing 18 NOTICE re: of Pending Motion by Quality Loan Service Corporation, Quality Loan Services . (Coutts, Melissa) |
| Filing 17 NOTICE re: of Pending Motion by Quality Loan Service Corporation, Quality Loan Services . (Coutts, Melissa) |
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Filing 16
ORDER: IT IS ORDERED that Plaintiff shall have until June 29, 2023 to file responses to the Motions to Dismiss (Docs. #9 , #10 , #12 ). Signed by Judge Steven P Logan on 5/30/23. (MJW)
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| Filing 15 *NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Collette Nicole Pelcic. (Pelcic, Collette) *Modified to correct event on 5/31/2023 (KJ). |
| Filing 14 Corporate Disclosure Statement by Lakeview Loan Servicing LLC. (Krotzer, Solomon) |
| Filing 13 Corporate Disclosure Statement by Nationstar Mortgage LLC identifying Corporate Parent Mr. Cooper Group for Nationstar Mortgage LLC. (Krotzer, Solomon) |
| Filing 12 MOTION to Dismiss Case by Lakeview Loan Servicing LLC, Mr. Cooper, Mr. Cooper Group, Mr. Cooper Group Incorporated, Mr. Cooper Home Loan, Mr. Cooper Home Loans, Nationstar Mortgage Holding LLC, Nationstar Mortgage Holdings LLC, Nationstar Mortgage LLC, Nationstar Reverse Mortgage Funding LLC, Nationstar Revese Mortgage Funding LLC. (Attachments: #1 Attachment Certificate of Compliance)(Krotzer, Solomon) |
| Filing 11 *MOTION for Judicial Notice in Support of Motion to Dismiss by Defendant Community Loan Servicing LLC. (Pelcic, Collette) *Modified to motion on 5/31/2023 (KJ). |
| Filing 10 MOTION to Dismiss Case by Community Loan Servicing LLC. (Pelcic, Collette) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by M&T Bank. (Attachments: #1 Attachment LRCiv 12.1(c) Certification, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Riether, Robert) |
| Filing 8 Corporate Disclosure Statement by M&T Bank identifying Other Affiliate M&T Bank Corporation for M&T Bank. (Riether, Robert) |
| Filing 7 MOTION to Consolidate Cases by Lakeview Loan Servicing LLC, Nationstar Mortgage LLC. (Associated Cases: CV-23-00896-ESW) (Krotzer, Solomon) |
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Filing 6
PRELIMINARY ORDER. Signed by Judge Steven P Logan on 5/23/23. (MJW)
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Filing 5
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 with the Clerk of Court no later than July 3, 2023. See attached Order for complete details. Signed by Judge Steven P Logan on 5/23/23. (MJW)
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| Filing 4 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 Bayview Residential Capital LLC, Blue Water Capital LLC, Community Loan Servicing LLC, M&T Bank, Nationstar Mortgage LLC, Quality Loan Service Corporation. (ARC) |
| 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. (ARC) |
| Filing 2 Filing fee paid, receipt number AAZDC-21927348. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-23-888-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-091287. Filing fee received: $ 402.00, receipt number AAZDC-21927348 filed by Nationstar Mortgage LLC. (Krotzer, Solomon) (Attachments: #1 Civil Cover Sheet and Supplemental Civil Cover Sheet, #2 Exhibit A)(ARC) |
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