Virginia Mastroianni v. New Penn Financial, LLC et al
| Virginia Mastroianni |
| New Penn Financial, LLC, Does 1 Through 10, Inclusive and New Penn Financial, LLC a Delaware Limited Liability Company doing business as Shellpoint Mortgage Servicing |
| 2:2015cv09108 |
| November 24, 2015 |
| US District Court for the Central District of California |
| Percy Anderson |
| Frederick F Mumm |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 41
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson: The Court concludes that it must, or, in the alternative, should decline to exercise jurisdiction over this action. The Court therefore dismisses this action pursuant to 28 U.S.C. section 1332(d)(3) and (4). Defendant's pending Motions to Strike and Dismiss (Docket Nos. #24 and #25 ) are denied as moot. (Made JS-6. Case Terminated.) (mg)
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| Filing 40 RESPONSE filed by Defendant New Penn Financial, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, #36 (Yu, Jordan) |
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Filing 39
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has reviewed the Response #38 to the Court's April 14, 2016 #36 Minute Order requiring defendant New Penn Financial, LLC, doing business as Shellpoint Mortgage Servicing ("Defendant"), to to file a Declaration, signed under penalty of perjury, that identifies each of its members and their citizenship. Defendant requests an extension of time to April 28, 2016, to file this Declaration. The Court continues the deadline for Defendant to file its Declaration identifying each of its members and their citizenship to April 28, 2016. The hearing on Defendant's Motion to Dismiss and Motion to Strike, currently calendared for April 25, 2016, is vacated. IT IS SO ORDERED. (lom)
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| Filing 38 RESPONSE filed by Defendant New Penn Financial, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, #36 (Yu, Jordan) |
| Filing 37 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court vacates the hearing on the Motions to Dismiss [24 and 25], previously scheduled for 4/25/16 at 1:30 p.m. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
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Filing 36
MINUTE IN CHAMBERS ORDER by Judge Percy Anderson: The operative First Amended Complaint alleges that defendant New Penn Financial, LLC, dba Shellpoint Mortgage Servicing "is, and at all times mentioned herein was, a limited liability company organized under the laws of Delaware with principal place of business... [in] Pennsylvania...." Because the FAC alleges Defendant's citizenship as if it were a corporation, rather than a limited liability company, the Court is not certain that it possesses subject matter jurisdiction over this action. The Court therefore orders Defendant to file a Declaration, signed under penalty of perjury, that identifies each of its members and their citizenship. Defendant shall file this Declaration by no later than 4/21/2016. (jp)
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Filing 35
MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson: Before the Court is an Ex Parte Application to Continue Class Certification Schedule (Docket No. 30) filed by plaintiff Virginia Mastroianni #30 . Plaintiff seeks to continue the deadline for filing a Motion for Class Certification by approximately 50 days from April 25, 2016, to June 13, 2016. Defendant New Penn Financial, LLC, doing business as Shellpoint Mortgage Servicing (Defendant), had offered to stipulate to a 30 day continuance. The Court continues the deadline for the filing of a Motion for Class Certification to May 23, 2016. Defendants Opposition shall be due on June 6, 2013. Plaintiffs Reply is due on June 13, 2016, and the Motion shall be set for a hearing on June 27, 2016.. (pj)
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| Filing 34 OPPOSITION in opposition to re: EX PARTE APPLICATION to Continue Class Certification Schedule #30 filed by Defendant New Penn Financial, LLC. (Attachments: #1 Declaration of Jordan S. Yu in Support of Defendant's Opposition to Ex Parte Application for Continuance of Class Certification Schedule)(Yu, Jordan) Modified on 4/11/2016 (smo). |
| Filing 33 RESPONSE IN SUPPORT of Defendant New Penn Financial, LLC's Request for Judicial Notice in support of Motion to Dismiss and Motion to Strike First Amended Complaint filed by Defendant New Penn Financial, LLC. (Yu, Jordan) |
| Filing 32 REPLY in support of NOTICE OF MOTION AND MOTION to Strike Plaintiff's First Amended Complaint Amended Complaint/Petition #22 #24 filed by Defendant New Penn Financial, LLC. (Yu, Jordan) |
| Filing 31 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant New Penn Financial, LLC. (Attachments: #1 Exhibit A)(Yu, Jordan) |
| Filing 30 EX PARTE APPLICATION to Continue Class Certification Schedule filed by Plaintiff Virginia Mastroianni. (Attachments: #1 Declaration of Shehnaz M. Bhujwala in Support of Plaintiff's Ex Parte Application for Continuance of Class Certification Schedule, #2 Proposed Order Granting Plaintiff's Ex Parte Application for Continuance of Class Certification Schedule) (Bhujwala, Shehnaz) Modified on 4/11/2016 (smo). |
| Filing 29 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Strike Plaintiff's First Amended Complaint Amended Complaint/Petition #22 #24 , NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Virginia Mastroianni. (Bhujwala, Shehnaz) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Plaintiff's First Amended Complaint Amended Complaint/Petition #22 #24 filed by Plaintiff Virginia Mastroianni. (Attachments: #1 Proposed Order Denying Defendant's: (1) Motion to Dismiss First Amended Complaint; (2) Motion to Strike First Amended Complaint; and (3) Request for Judicial Notice in Support of Motions to Dismiss and Strike)(Bhujwala, Shehnaz) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Virginia Mastroianni. (Attachments: #1 Proposed Order Denying Defendant's: (1) Motion to Dismiss First Amended Complaint; (2) Motion to Strike First Amended Complaint; and (3) Request for Judicial Notice in Support of Motions to Dismiss and Strike)(Bhujwala, Shehnaz) |
| Filing 26 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Strike Plaintiff's First Amended Complaint Amended Complaint/Petition #22 #24 , NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant New Penn Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yu, Jordan) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant New Penn Financial, LLC. Motion set for hearing on 4/25/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Proposed Order) (Yu, Jordan) |
| Filing 24 NOTICE OF MOTION AND MOTION to Strike Plaintiff's First Amended Complaint Amended Complaint/Petition #22 filed by Defendant New Penn Financial, LLC. Motion set for hearing on 4/25/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Proposed Order) (Yu, Jordan) |
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Filing 23
PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re REQUEST for Protective Order Governing Confidential Treatment of Certain Discovery #17 (see attached) (jm)
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| Filing 22 FIRST (CLASS ACTION) AMENDED COMPLAINT Virginia Mastroianni amending Complaint (Attorney Civil Case Opening) #1 (Bhujwala, Shehnaz) |
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Filing 21
ORDER by Judge Percy Anderson Granting Stipulated Request for Briefing and Hearing Schedule on Plaintiff's Class Certification Motion #20 . Deadline to File Class Certification Motion: 4/25/16. (See document for further details). (mg)
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| Filing 20 STIPULATION for Order Stipulated Request for Briefing and Hearing Schedule on Plaintiff's Class Certification Motion filed by Plainitff Virginia Mastroianni. (Attachments: #1 Declaration Shehnaz M. Bhujwala in Support of Stipulated Request for Briefing and Hearing Schedule on Plaintiff's Class Certification Motion, #2 Proposed Order Granting Stipulated Request for Briefing and Hearing Schedule on Plaintiff's Class Certification Motion)(Bhujwala, Shehnaz) |
| Filing 19 MINUTES (IN CHAMBERS) by Judge Percy Anderson: Proceedings: Court Order. Before the Court is a #12 MOTION to Dismiss by Defendant New Penn Financial, LLC. Defendant challenges the sufficiency of the Complaint. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for February 22, 2016, is vacated, and the matter taken off calendar. The Court concludes that Plaintiff's Complaint fails to state any viable claims. The Court therefore dismisses the RFDCPA, fraud, unjust enrichment, and unfair business practices claims with leave to amend. The Court concludes that amendment of the Complaint's intentional interference with contract and negligence claims would be futile. Those claims are therefore dismissed without leave to amend. Plaintiff's First Amended Complaint, if any, shall be filed no later than March 7, 2016. Failure to file the First Amended Complaint by that date may result in the dismissal of this action with prejudice. (mg) |
| Filing 18 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court vacates the hearing on the Motion to Dismiss #12 , previously scheduled for 2/22/2016 at 1:30 p.m. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 17 REQUEST for Protective Order Governing Confidential Treatment of Certain Discovery filed by Plaintiff Virginia Mastroianni. (Attachments: #1 Proposed Order of Entry of Stipulated Proposed Protective Order Governing Confidential Treatment of Certain Discovery)(Bhujwala, Shehnaz) |
| Filing 16 REPLY filed by Defendant New Penn Financial, LLC. (Attachments: #1 Exhibit A)(Yu, Jordan) |
| Filing 15 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Defendant New Penn Financial, LLC. (Yu, Jordan) |
| Filing 14 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Virginia Mastroianni. (Attachments: #1 Plaintiff's Opposition to Defendant's Request for Judicial Notice in Support of Motion to Dismiss Complaint, #2 Proposed Order Denying Defendant's Motion to Dismiss Complaint and Request for Judicial Notice)(Bhujwala, Shehnaz) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Defendant New Penn Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yu, Jordan) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant New Penn Financial, LLC. Motion set for hearing on 2/22/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Proposed Order) (Attorney Jordan S Yu added to party New Penn Financial, LLC(pty:dft)) (Yu, Jordan) |
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Filing 11
ORDER Granting Stipulation to Continue #10 by Judge Percy Anderson. The Court, having considered the parties' stipulated request for extensions of the deadline to respond to the Plaintiff's Complaint and the Local Rule 23-3 deadline, determines good cause exists for granting the stipulated request in part and hereby enters the following orders: 1. The deadline for Defendant to respond to the Complaint shall be extended by 30 days to January 22, 2016; and 2. The request to extend the 90-day deadline for Plaintiff to file her opening class certification brief is denied. (smo)
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| Filing 10 STIPULATION to Continue Deadline for Defendant to Respond to the Complaint from December 23, 2015 to January 22, 2016 and vacate 90-day deadline for Plaintiff to file opening class certification brief filed by Plaintiff Virginia Mastroianni. (Attachments: #1 Declaration of Shehnaz M. Bhujwala in Support of Stipulated Request for Extension of Fed. R. Civ. P. 12(a)(1)(A)(i) and Local Rule 23-3 Deadlines, #2 Proposed Order, #3 Proof of Service)(Bhujwala, Shehnaz) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Virginia Mastroianni, upon Defendant New Penn Financial, LLC served on 12/2/2015, answer due 12/23/2015. in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Boucher, Raymond) |
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Filing 8
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. See document for details. (smo)
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant New Penn Financial, LLC. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Frederick F. Mumm. (esa) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiff Virginia Mastroianni, identifying Virginia Mastroianni - Plaintiff; New Penn Financial LLC, a Delaware Limited Liability Company Doing Business As Shellpoint Mortgage Servicing - Defendant; Does 1 Through 10, Inclusive. (Boucher, Raymond) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Virginia Mastroianni. (Boucher, Raymond) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Virginia Mastroianni. (Boucher, Raymond) |
| Filing 1 COMPLAINT Receipt No: 0973-16834980 - Fee: $400, filed by Class Action Virginia Mastroianni. (Attorney Raymond Paul Boucher added to party Virginia Mastroianni(pty:pla))(Boucher, Raymond) |
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