McCune v. PHH Mortgage
| Mark McCune |
| PHH Mortgage |
| 4:2019cv00525 |
| October 30, 2019 |
| US District Court for the District of Arizona |
| Cindy K Jorgenson |
| Real Property: Foreclosure |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 32 RESPONSE to Motion re: #31 MOTION for Hearing or Conference filed by PHH Mortgage. (Krotzer, Solomon) |
| Filing 31 EMERGENCY MOTION for Hearing to Amend Stipulated Order to Stop Forclosing Jan 8th 2019 Thru Feb 27th as Both Parties Agreed by Mark McCune. (KEP) |
Filing 30
ORDERED: Plaintiff shall have twenty-one (21) days from the date of filing this Order to file an amended complaint. All causes of action alleged in the original complaint which are not alleged in any amended complaint will be waived. An Evidentiary Hearing addressing Plaintiff's pending preliminary injunction motion is set for 2/12/2020 at 02:00 PM before Senior Judge Cindy K Jorgenson. The deadline for Defendant to file a response to Plaintiffs Motion for Injunction is extended from December 2, 2019 to January 25, 2020. The deadline for the parties to submit their witness and exhibit lists for a future evidentiary hearing is extended from November 29, 2019 to January 25, 2020. Signed by Senior Judge Cindy K Jorgenson on 12/19/2019. (BAR)
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Filing 29
ORDER: IT IS ORDERED Plaintiff's #4 Emergency Motion for Debt Validation is DENIED. Plaintiff's #27 Emergency Motion to Enforce Stipulation is DENIED. Plaintiff's #26 filing entitled "Objections to Solomons [sic] Krotzer Answer Brief Attorney for PHH Mortgage" shall be stricken from the record. Signed by Senior Judge Cindy K Jorgenson on 2/4/19. (BAC)
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| Filing 28 NOTICE: There has Never Been Validation of Debt or Debt Amount Ruled on in any Arizona Court by Mark McCune. (1 page) (BAR) |
| Filing 27 MOTION to Enforce 3 Page Nov 26th 430 PM Joint Sight Stipulation be Put in Place as a Order by Mark McCune. (3 pages) (BAR) |
| Filing 26 STRICKEN by doc. #29 . OBJECTIONS to: #21 Answer to Complaint by Plaintiff Mark McCune. (3 pages) (BAR) Modified on 12/5/2019 (BAC). |
| Filing 25 Witness List for Evidentiary Hearing by Mark McCune. (1 page)(BAR) |
| Filing 24 MOTION for Debt Validation as Per FDCPA by Mark McCune. (2 pages) (BAR) |
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Filing 23
ORDER GRANTING #22 Joint MOTION to Vacate 12/4/19, Evidentiary Hearing and Associated Deadlines: IT IS ORDERED the pending evidentiary hearing scheduled for 12/4/19 is vacated. The Court will provide a new date for an evidentiary hearing in a subsequent Order, the hearing will not take place prior to 2/9/20. Deadline for Defendant to file a response to Plaintiff's #20 Motion for Injunction is extended from 12/2/19 to 1/25/20. Deadline for parties to submit witness and exhibit lists for future evidentiary hearing is extended from 11/29/19 to 1/25/20. Signed by Senior Judge Cindy K Jorgenson on 11/27/19.(BAC)
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| Filing 22 Joint MOTION to Vacate December 4, 2019, Evidentiary Hearing and Associated Deadlines by PHH Mortgage. (Krotzer, Solomon) |
| Filing 21 Defendant's ANSWER to #1 Complaint by PHH Mortgage.(Krotzer, Solomon) |
| Filing 20 EMERGENCY MOTION for Injunction by Mark McCune. (Attachments: #1 Exhibit)(DLC) |
| Filing 18 NOTICE of Appearance by Solomon Scott Krotzer on behalf of PHH Mortgage. (Krotzer, Solomon) |
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Filing 17
AMENDED ORDER the Motion for Injunction Against Foreclosure (Docs. #13 and #14 ) is DENIED to the extent it seeks the issuance of a TRO without notice. To the extent the Motion seeks a preliminary injunction, the Court defers ruling on this request. McCune shall serve this Order, his Complaint, a Summons and his Motion for Injunction Against Foreclosure upon PHH within five business (5) days of this Order being filed. This matter is scheduled for an evidentiary hearing and argument on Wednesday, December 4, 2019, at 2:00 p.m. for two hours. McCune and counsel shall file their witness and exhibit lists on or before 12:00 p.m. on Friday, November 29, 2019. Signed by Senior Judge Cindy K Jorgenson on 11/19/2019. (See attached Order for details). (KEP)
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Filing 16
ORDERED the Motion for Injunction Against Foreclosure (Docs. #13 and #14 ) is DENIED to the extent it seeks the issuance of a TRO without notice. To the extent the Motion seeks a preliminary injunction, the Court defers ruling on this request. McCune shall serve this Order, his Complaint, a Summons and his Motion for Injunction Against Foreclosure upon PHH within five business (5) days of this Order being filed. This matter is scheduled for an evidentiary hearing and argument on Wednesday, December 4, 2019, at 2:00 p.m. for two hours. McCune and counsel shall file their witness and exhibit lists on or before 12:00 p.m. on Friday, November 29, 2019. Signed by Senior Judge Cindy K Jorgenson on 11/19/2019. (See attached Order for details) (KEP)
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| Filing 19 MINUTE ENTRY for proceedings held before Senior Judge Cindy K Jorgenson: Evidentiary Hearing held on 11/18/2019. Attorney for the plaintiff: Mark McCune (Pro se). The defendant is not present. The November 8, 2019 foreclosure sale did not take place and has been rescheduled for December 9, 2019. ORDERS these documents be filed with the clerks office. Mr. McCune orally motions the Court to issue new injunctive relief regarding the December 9, 2019 trustee's sale. The Court will review and consider the documents submitted by Mr. McCune but declines to order further injunctive relief at this time. Therefore, the oral motion is DENIED. (Court Reporter Cheryl Cummings.) Hearing held 2:04 PM to 2:25 PM.(KEP) |
| Filing 15 2nd NOTICE AND SERVICE EXECUTED filed by Mark McCune: Proof of Service re: Amended Order and Copies of all Court Filed Documents upon PHH Mortgage Corp on 11/6/2019 and 11/7/2019. (KEP) |
| Filing 14 EMERGENCY MOTION for Injunction Against Foreclosure (Amended) by Mark McCune. (Attachments: #1 Exhibit)(KEP) |
| Filing 13 MOTION for Injunction Against Foreclosure by Mark McCune. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(KEP) |
| Filing 12 NOTICE AND SERVICE EXECUTED filed by Mark McCune: Proof of Service re: Amended Order and Copies of all court filed documents upon PHH Mortgage Corp on 11/7/2019. (Attachments: #1 Exhibit)(KEP) |
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Filing 11
SECOND AMENDED TEMPORARY RESTRAINING ORDER: (amended page 2, line 4 and to correct case number) The Application to Proceed In Forma Pauperis (Doc. #3 ) is GRANTED. McCune's Emergency Motion for TRO (Doc. #2 ) is GRANTED. PHH Mortgage, Ocwen Loan Servicing LLC, and Western Progressive, as well as their attorneys, officers, agents, servants, employees, and any and all other persons in active concert or participation with them, are enjoined from holding or authorizing a Trustee's Sale of the real property located at 2131 N. Frannea, Tucson, Arizona 85712. This TRO is issued on November 5, 2019, at 1:10 p.m. This Temporary Restraining Order shall expire no later than fourteen (14) days after the date of entry and shall not be extended absent the parties joint written consent. This matter is scheduled for evidentiary hearing and argument on whether the TRO should be converted into a preliminary injunction on Monday, November 18, 2019, at 2:00 p.m. for two hours. Signed by Senior Judge Cindy K Jorgenson on 11/6/2019. (See attached Order for details) (KEP)
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Filing 10
AMENDED TEMPORARY RESTRAINING ORDER: (amended page 2, line 4) The Application to Proceed In Forma Pauperis (Doc. #3 ) is GRANTED. McCune's Emergency Motion for TRO (Doc. #2 ) is GRANTED. PHH Mortgage, Ocwen Loan Servicing LLC, and Western Progressive, as well as their attorneys, officers, agents, servants, employees, and any and all other persons in active concert or participation with them, are enjoined from holding or authorizing a Trustee's Sale of the real property located at 2131 N. Frannea, Tucson, Arizona 85712. This TRO is issued on November 5, 2019, at 1:10 p.m. This Temporary Restraining Order shall expire no later than fourteen (14) days after the date of entry and shall not be extended absent the parties joint written consent. This matter is scheduled for evidentiary hearing and argument on whether the TRO should be converted into a preliminary injunction on Monday, November 18, 2019, at 2:00 p.m. for two hours. Signed by Senior Judge Cindy K Jorgenson on 11/6/2019. (See attached Order for details) (KEP)
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| Filing 9 MINUTE ENTRY for proceedings held before Senior Judge Cindy K. Jorgenson: Motion Hearing re: Temporary Restraining Order held on 11/5/2019. See formal order for proceeding specifics. APPEARANCES: Pro Se Plaintiff Mark McCune. (Court Reporter Cheryl Cummings.) Hearing held 11:11 AM to 11:28 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SSG) |
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Filing 8
TEMPORARY RESTRAINING ORDER: The Application to Proceed In Forma Pauperis (Doc. #3 ) is GRANTED. McCune's Emergency Motion for TRO (Doc. #2 ) is GRANTED. PHH Mortgage, Ocwen Loan Servicing LLC, and Western Progressive, as well as their attorneys, officers, agents, servants, employees, and any and all other persons in active concert or participation with them, are enjoined from holding or authorizing a Trustee's Sale of the real property located at 2131 N. Frannea, Tucson, Arizona 85712. This TRO is issued on November 5, 2019, at 1:10 p.m. This Temporary Restraining Order shall expire no later than fourteen (14) days after the date of entry and shall not be extended absent the parties joint written consent. This matter is scheduled for evidentiary hearing and argument on whether the TRO should be converted into a preliminary injunction on Monday, November 18, 2019, at 2:00 p.m. for two hours. Signed by Senior Judge Cindy K Jorgenson on 11/5/2019. (See attached Order for details) (KEP)
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Filing 7
ORDER Setting Hearing on Motion #2 MOTION for Temporary Restraining Order: Motion Hearing set for 11/5/2019 at 11:00AM before Senior Judge Cindy K Jorgenson. Plaintiff is required to provide the Court with proof that he has provided notice of his pending Motion for Temporary Restraining Order (Doc. 2) to Defendant or a justification for why such notice should not be required. Plaintiff must provide this information to the Court by November 4, 2019. Signed by Senior Judge Cindy K Jorgenson on 10/31/2019. (DLC)
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| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC) |
| Filing 5 *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. (DLC) *Modified on 10/31/2019 to correct file date(DLC). |
| Filing 4 This case has been assigned to the Honorable Cindy K Jorgenson. All future pleadings or documents should bear the correct case number: CV-19-525-TUC-CKJ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
| Filing 3 APPLICATION for Leave to Proceed In Forma Pauperis by Mark McCune. (DLC) |
| Filing 2 MOTION for Temporary Restraining Order by Mark McCune. (Attachments: #1 Exhibit, #2 Exhibit)(DLC) |
| Filing 1 COMPLAINT (TRO Requested) filed by Mark McCune.(DLC) |
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| Defendant: PHH Mortgage | |
| Represented By: | Solomon Scott Krotzer |
| Represented By: | Robert Wayne Norman, Jr. |
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| Plaintiff: Mark McCune | |
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