Gardina v. Bayview Residential Capital LLC et al
| Mitchell Steven Gardina |
| Mr. Cooper Group, Bayview Residential Capital LLC, Blue Water Capital LLC, Community Loan Servicing LLC, Lakeview Loan Servicing LLC, M&T Bank, Unknown Cooper, Mr. Cooper Group Incorporated, Nationstar Mortgage LLC, Community Loan Servicing, Nationstar Mortgage, Mr. Cooper Home Loans, Nationstar Mortgage Holdings LLC, Nationstar Reverse Mortgage Funding LLC and Quality Loan Service Corporation |
| 2:2023cv00896 |
| May 19, 2023 |
| US District Court for the District of Arizona |
| Eileen S Willett |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 45
MINUTE ORDER: That having Plaintiff failed to comply with the Order to Show Cause issued June 26, 2023 by Chief Judge G Murray Snow, this case is hereby dismissed without prejudice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
|
| Filing 44 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 43 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 42 MOTION Incorporate Motion to Dismiss Filed in Parallel Case by Bayview Residential Capital LLC. (Pelcic, Collette) |
| Filing 41 RESPONSE TO ORDER TO SHOW CAUSE re: #36 Order by Defendant Bayview Residential Capital LLC. (Pelcic, Collette) |
| Filing 38 Corporate Disclosure Statement by Community Loan Servicing LLC identifying Corporate Parent Bayview Asset Management, LLC for Community Loan Servicing LLC. (Pelcic, Collette) |
| Filing 37 Corporate Disclosure Statement by Bayview Residential Capital LLC identifying Corporate Parent Community Loan Servicing, LLC for Bayview Residential Capital LLC. (Pelcic, Collette) |
|
Filing 36
ORDER that Plaintiff show cause in writing within seven (7) days of the date of this Order why this case should not be dismissed without prejudice. If Plaintiff fails to respond, this case will be dismissed without further notice. FURTHER ORDERED that Defendants Bayview Residential Capital LLC and Community Loan Servicing LLC each show cause in writing within seven (7) days of the date of this Order why Defendants and/or their counsel should not be sanctioned pursuant to 18 U.S.C. 401 and/or the Courts inherent authority for failing to comply with the Court's prior order. If each Defendant complies with the Court's Order, or if a Defendant has already done so, but their consent or election has not yet been docketed by the Clerk, the Order to Show Cause will automatically discharge without imposing any sanctions. FURTHER ORDERED directing the Clerk of Court to terminate this action if Plaintiff fails to timely comply with the Court's Order on 7/5/2023. Signed by Chief Judge G Murray Snow on 6/26/2023. (KFZ)
|
| Filing 35 AMENDED MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Amending Doc. 34 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Show Cause Hearing held on 6/26/2023. On 6/6/2023, an Order to Show Cause Hearing was set for Plaintiff and Defendants Bayview Residential Capital LLC and Community Loan Servicing LLC's failure to comply with LRCiv 3.7(b). Plaintiff and defendants have failed to appear this date. Order to follow. (Court Reporter Teri Veres.) Hearing held 9:21 AM to 9:21 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) Reason for Amendment: To modify hearing language. (Court Reporter Teri Veres.) Hearing held 9:21 AM to 9:21 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 34 AMENDED by Doc. 35 -- MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Show Cause Hearing held on 6/26/2023. On 6/6/2023, an Order to Show Cause Hearing was set for Plaintiff's failure to comply with LRCiv 3.7(b). Plaintiff has failed to appear this date. Order to follow. (Court Reporter Teri Veres.) Hearing held 9:21 AM to 9:21 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) Modified on 6/26/2023 (KFZ). |
| Filing 32 MINUTE ORDER: AFFIRMING the June 26, 2023 Order to Show Cause Hearing before Chief Judge G. Murray Snow at 9:00 AM for failure to comply with LRCiv 3.7(b) for the following parties: Bayview Residential Capital LLC, Community Loan Servicing LLC, and Mitchell Steven Gardina. FURTHER ORDERED VACATING the Order to Show Cause Hearing as to the following parties: Blue Water Capital LLC, Unknown Cooper, Lakeview Loan Servicing LLC, M&T Bank, Mr. Cooper Group, Mr. Cooper Group Incorporated, Mr. Cooper Home Loans, Nationstar Mortgage Holdings LLC, Nationstar Mortgage LLC, Nationstar Reverse Mortgage Funding LLC, Quality Loan Service Corporation. FURTHER ORDERED finding moot Defendant Blue Water Capital LLC's Motion for Leave for Non-Appearance #31 . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 31 MOTION for Leave to Appear Non-Appearance by Blue Water Capital LLC. (Attachments: #1 Proposed Order)(Grandmont, Gregory) |
| Filing 33 MOTION to Dismiss Case for Lack of Factual Allegtions by Mitchell Steven Gardina. (WLP) |
| Filing 30 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 28 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 26 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
|
Filing 24
ORDER that Plaintiff shall have until June 23, 2023 to file a response to the Motion to Dismiss (Doc. #22 ). IT IS FURTHER ORDERED that Defendant M&T Bank shall file any reply within seven days from the date Plaintiff's response is filed. IT IS FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 6/7/2023. (WLP)
|
| Filing 23 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 22 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 20 Corporate Disclosure Statement by M&T Bank identifying Corporate Parent M&T Bank Corporation for M&T Bank. (Riether, Robert) |
|
Filing 19
ORDER that Bayview Residential Capital LLC, Blue Water Capital LLC, Community Loan Servicing LLC, Unknown Cooper, Lakeview Loan Servicing LLC, M&T Bank, Mr. Cooper Group, Mr. Cooper Group Incorporated, Mr. Cooper Home Loans, Nationstar Mortgage Holdings LLC, Nationstar Mortgage LLC, Nationstar Reverse Mortgage Funding LLC, Quality Loan Service Corporation show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 6/26/2023 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
|
|
Filing 18
ORDER that Mitchell Steven Gardina show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 6/26/2023 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form) (MAP)
|
|
Filing 17
ORDER that Plaintiff shall have until June 19, 2023 to file a response to the Motion to Dismiss #16 . Defendant Blue Water Capital, LLC shall file any reply within seven days from the date Plaintiff's response if filed. The Motions shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 6/05/2023. (REK)
|
| Filing 16 MOTION to Dismiss Party Blue Water Capital LLC by Blue Water Capital LLC. (Filed in State Court on 5/4/2023 and docketed in District Court pursuant to #15 Notice.) (WLP) |
| Filing 15 NOTICE re: Notice of Pending Motion by Blue Water Capital LLC . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Grandmont, Gregory) |
| Filing 14 Corporate Disclosure Statement by Blue Water Capital LLC identifying Corporate Parent Blue Water Capital LLC for Blue Water Capital LLC. (Grandmont, Gregory) |
|
Filing 13
ORDER that Plaintiff shall have until June 19, 2023 to file a response to the Motion to Dismiss (Doc. #11 ). IT IS FURTHER ORDERED that Defendant shall file any reply within seven days from the date Plaintiff's response is filed. IT IS FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 5/31/2023. (WLP)
|
|
Filing 12
ORDER that Plaintiff shall have until June 19, 2023 to file a response to the Motion to Dismiss (Doc. #6 ). IT IS FURTHER ORDERED that Defendants shall file any reply within seven days from the date Plaintiff's response is filed. IT IS FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 5/31/2023. (WLP)
|
| Filing 11 MOTION to Dismiss for Failure to State a Claim by Quality Loan Service Corporation. (Filed in State Court on 5/10/2023 and docketed in District Court pursuant to #9 Notice.) (WLP) |
| Filing 10 Corporate Disclosure Statement by Quality Loan Service Corporation. (Coutts, Melissa) |
| Filing 9 NOTICE re: of Pending Motion by Quality Loan Service Corporation . (Coutts, Melissa) |
| Filing 8 Corporate Disclosure Statement by Lakeview Loan Servicing LLC. (Krotzer, Solomon) |
| Filing 7 Corporate Disclosure Statement by Nationstar Mortgage LLC identifying Corporate Parent Mr. Cooper Group for Nationstar Mortgage LLC. (Krotzer, Solomon) |
| Filing 6 MOTION to Dismiss Case by Unknown Cooper, Lakeview Loan Servicing LLC, Mr. Cooper Group, Mr. Cooper Group Incorporated, Mr. Cooper Home Loans, Nationstar Mortgage Holdings LLC, Nationstar Mortgage LLC, Nationstar Reverse Mortgage Funding LLC. (Attachments: #1 Attachment Certificate of Compliance)(Krotzer, Solomon) |
| Filing 5 MOTION to Consolidate Cases by Lakeview Loan Servicing LLC, Nationstar Mortgage LLC. (Associated Cases: CV-23-00896-ESW) (Krotzer, Solomon) |
| 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. (MYE) |
| 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. (MYE) |
| Filing 2 Filing fee paid, receipt number AAZDC-21927429. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-23-896-PHX-ESW. Magistrate Election form attached.PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (MYE) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-091288. Filing fee received: $ 402.00, receipt number AAZDC-21927429 filed by Nationstar Mortgage LLC. (Krotzer, Solomon) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A)(MYE) |
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.
