Guadalupe Rosas v. JPMorgan Chase Bank, N.A. et al
| Guadalupe Rosas |
| JPMorgan Chase Bank, N.A, JPMorgan Chase Bank, National Association, Does 1-10, inclusive, JPMorgan Chase Bank, N.A. and APB Properties, LLC |
| Joan Kessler |
| 2:2016cv02564 |
| April 14, 2016 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Dolly M Gee |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2016. A more recent docket listing may be available from PACER.
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| Filing 42 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. BC613607, acknowledged on 11/29/2016. (iv) |
| Filing 41 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) |
Filing 40
MINUTES OF IN CHAMBERS - ORDER REMANDING CASE TO STATE COURT by Judge Dolly M. Gee: In response to this Court's 11/14/2016 Order #37 , Plaintiff filed a First Amended Complaint ("FAC") on 11/15/2016 #38 . The FAC adds APB Properties, LLC, a California corporation. As the addition of this defendant destroys diversity jurisdiction, the Court lacks subject matter jurisdiction over this case. The clerk shall therefore REMAND this case to the Los Angeles County Superior Court, Case No. BC613607. Defendant's Motion to Dismiss Plaintiff's Complaint #15 is DENIED as moot. Court Reporter: Not Reported. (gk)
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| Filing 39 MEDIATION REPORT Filed by Mediator (ADR Panel) Joan Kessler: Mediation held on 11/16/16. The parties are unable to reach an agreement at this time.(Kessler, Joan) |
| Filing 38 FIRST AMENDED COMPLAINT All Defendants amending Complaint - (Discovery) JURY DEMAND, filed by Guadalupe Rosas Guadalupe Rosas (Attachments: #1 Exhibit A-D)(Bergman, Penelope) |
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Filing 37
MINUTES OF IN CHAMBERS - ORDER GRANTING PLAINTIFF'S MOTION TO FILE FIRST AMENDED COMPLAINT AND REMAND CASE TO STATE COURT by Judge Dolly M. Gee: On 11/4/2016, Plaintiff filed a motion to file a First Amended Complaint ("FAC") and remand the case to state court #34 . The Court GRANTS Plaintiff's motion to file her FAC and GRANTS her motion for remand to state court due to Defendant's failure to file an opposition and because the amendment deprives the Court of diversity jurisdiction. Plaintiff may file the proposed FAC within three days from the date of this Order and, if she does, the clerk shall remand the case to the Los Angeles County Superior Court. The 12/2/2016 hearing is VACATED. Court Reporter: Not Reported. (gk)
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| Filing 36 NOTICE OF LODGING filed Proposed First Amended Verified Complaint re NOTICE OF MOTION AND MOTION to to file First Amended Verified Complaint and to Remand the Case back to state court #34 (Bergman, Penelope) |
| Filing 35 DECLARATION of Penelope P. Bergman In Support of Motion for Leave to File First Amended Verified Complaint and Remand case to state court NOTICE OF MOTION AND MOTION to to file First Amended Verified Complaint and to Remand the Case back to state court #34 filed by Plaintiff Guadalupe Rosas. (Attachments: #1 Proposed Order)(Bergman, Penelope) |
| Filing 34 NOTICE OF MOTION AND MOTION to to file First Amended Verified Complaint and to Remand the Case back to state court filed by Guadalupe Rosas Guadalupe Rosas. Motion set for hearing on 12/2/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Appendix Redline version of proposed amended pleading) (Bergman, Penelope) |
| Filing 33 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 32 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Joan Kessler has been assigned to serve as Panel Mediator. (mb) |
| Filing 31 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Joan B. Kessler may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Guadalupe Rosas(Bergman, Penelope) |
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Filing 30
MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: The Court has reviewed and considered Defendant's Status Report #29 . The parties are hereby referred to the Court's ADR Program. Within 21 days, the parties shall meet and confer to select a neutral listed on the Court's Mediation Panel who will conduct the mediation. If the parties have not selected and obtained the consent of a Panel Mediator within 21 days, the ADR Program will assign one. The parties shall complete their mediation by no later than 12/2/2016 and file a joint status report within seven days after they complete the mediation process. Court Reporter: Not Reported. (gk)
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| Filing 29 STATUS REPORT Regarding Participation in Loan Modification Mediation Program filed by Defendant JPMorgan Chase Bank, N.A.. (Garcia-Salgado, Rafael) |
| Filing 28 NOTICE OF READINESS CONFERENCE filed. Readiness Conference is set for August 26, 2016, at 1:30 p.m.(Killefer, Gail) |
| Filing 27 MINUTES OF IN CHAMBERS - NOTICE TO ALL PARTIES RE ADR PROCESS by Judge Dolly M. Gee: On 7/18/2016, Plaintiff filed a status report indicating that she has complied with the Court's 6/20/2016 Order #26 . By no later than 8/5/2016, the parties shall contact the Alternative Dispute Resolution ("ADR") Program for the Central District of California to schedule a Readiness Conference which shall take place by no later than 9/16/2016. No later than ten days before the Readiness Conference, Defendants shall notify Plaintiff in writing of any and all documents necessary for a loan modification determination that have not been received by Defendants. At least five calendar days before the Readiness Conference, Defendants shall provide notice in writing to the ADR Program whether the Readiness Conference remains necessary or may be vacated. At the time of the Readiness Conference, the ADR Program shall assign an Attorney Settlement Officer (ASO) to this case. The assigned ASO will conduct a Loan Modification Settlement Conference with the parties to take place no later than 10/28/2016. No later than seven days after the Loan Modification Settlement Conference, the parties shall file a Joint Status Report informing the Court whether they have been able to resolve their dispute. Court Reporter: Not Reported. (gk) |
| Filing 26 STATUS REPORT Re Compliance of June 20, 2016 Order re Mediation filed by Plaintiff Guadalupe Rosas. (Bergman, Penelope) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Penelope Bergman counsel for Plaintiff Guadalupe Rosas. Robert Paredes is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Guadalupe Rosas. (Bergman, Penelope) |
| Filing 24 NOTICE of Change of Attorney Business or Contact Information: for attorney Penelope Bergman counsel for Plaintiff Guadalupe Rosas. Changing firm name to Bergman Attorneys PC. Filed by plaintiff Guadalupe Rosas. (Bergman, Penelope) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Penelope Bergman counsel for Plaintiff Guadalupe Rosas. Deborah P. Gutierrez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Guadalupe Rosas. (Bergman, Penelope) |
| Filing 22 REPLY support to Dismiss Case #15 Reply in support of Motion to Dismiss Plaintiff's Complaint filed by Defendant JPMorgan Chase Bank, N.A.. (Garcia-Salgado, Rafael) |
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Filing 21
MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: Given Plaintiffs' allegations, this case may be suitable for participation in Loan Modification Mediation through the Alternative Dispute Resolution (ADR) Program for the Central District of California. As a first step, the Court orders Plaintiff to contact Melissa Luna at the Legal Aid Society of Orange County (LASOC) by no later than 7/11/2016, complete the intake form, and request a meeting, in person or by telephone, with a certified housing counselor. Plaintiff shall file a status report by 7/18/2016 regarding her compliance with this Order. The Court will then issue an order regarding the next steps to be taken in furtherance of the loan modification mediation process. This Order shall not affect Defendant's Motion to Dismiss Plaintiff's Complaint #15 , which will be taken under submission and will remain pending until further order of the Court. Court Reporter: Not Reported. (gk)
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| Filing 20 STATUS REPORT Regarding Participation in Loan Modification Mediation Program filed by Defendant JPMorgan Chase Bank, N.A.. (Garcia-Salgado, Rafael) |
| Filing 19 Opposition to Motion to Dismiss Opposition re: to Dismiss Case #15 filed by Plaintiff Guadalupe Rosas. (Attachments: #1 Request for Judicial Notice)(Bergman, Penelope) |
| Filing 18 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court and counsel confer regarding the participation in the Loan Modification Mediation Program ("LMMP"). Defendant shall submit a status report by June 17, 2016 to advise the Court is the parties in the related State Court action are amenable to participating in the LMMP. Court Reporter: Anne Kielwasser. (bm) |
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Filing 17
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The parties are ordered to participate in a telephonic status conference with the Court on June 10, 2016 at 11:30 a.m. No later than two days before the hearing, counsel shall contact the courtroom deputy clerk, Kane Tien, at dmg_chambers@cacd.uscourts.gov to confirm the telephone number (landline only) at which they wish to be contacted. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #15 . The following error(s) was found: Incorrect event selected. The correct event is: Applications/Ex Parte Applications/ Motions/Petitions/Requests - Dismiss Case. For this one time instance only, the clerk has converted the docketing event, and set the Motion for hearing on 7/8/2016 at 9:30 AM. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 15 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #11 Amended Notice of Motion and Motion to Dismiss Plaintiff's Complaint filed by Defendant JPMorgan Chase Bank, N.A.. (Attachments: #1 Proposed Order, #2 Request for Judicial Notice)(Garcia-Salgado, Rafael) Modified on 5/23/2016 (gk). |
| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #11 by Judge Dolly M. Gee. The document is stricken. (iv) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss #11 . The following error(s) was found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE filed by Defendant JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1)(Garcia-Salgado, Rafael) |
| Filing 11 ***STRICKEN*** NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant JPMorgan Chase Bank, N.A.. Motion set for hearing on 7/8/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Garcia-Salgado, Rafael) Modified on 5/19/2016 #14 (iv). |
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (clee)
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Filing 9
ORDER APPROVING JOINT STIPULATION TO EXTEND DATE TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT #6 by Judge Dolly M. Gee. The Court HEREBY ORDERS THAT the deadline for Defendant to file a responsive pleading shall be extended to May 16, 2016. IT IS SO ORDERED. (lom)
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Paul L. Abrams. (ghap) |
| CONFORMED COPY OF PROOF OF SERVICE Executed by Plaintiff Guadalupe Rosas, upon Defendant JPMorgan Chase Bank, N.A. served on 3/15/2016, answer due 4/5/2016. Service of the Summons and Complaint were executed upon Gladys Aguilera, Person Authorized to receive Hispanic Female 35 yrs 5"07" 170 lbs Black Hair Black Eyes in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 3/30/2016 SUBMITTED ATTACHED TO REQUEST FOR JUDICIAL NOTICE) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1-100, inclusive, JPMorgan Chase Bank, N.A., filed by plaintiff Guadalupe Rosas. (FILED IN STATE COURT ON 3/14/2016 SUBMITTED ATTACHED TO THE REQUEST FOR JUDICIAL NOTICE) (ghap) |
| Filing 6 Joint STIPULATION Extending Time to Answer the complaint as to JPMorgan Chase Bank, N.A. answer now due 4/21/2016, filed by Defendant JPMorgan Chase Bank, N.A.. (Attachments: #1 Proposed Order)(Garcia-Salgado, Rafael) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant JPMorgan Chase Bank, N.A. identifying JPMorgan Chase & Co. as Corporate Parent. (Garcia-Salgado, Rafael) |
| Filing 4 CERTIFICATE of Interested Parties filed by Defendant JPMorgan Chase Bank, N.A., identifying JPMorgan Chase & Co.. (Garcia-Salgado, Rafael) |
| Filing 3 REQUEST for Judicial Notice with filing fee previously paid ($400 paid on 04/14/2016, receipt number 0973-17644771), filed by Defendant JPMorgan Chase Bank, N.A..(Garcia-Salgado, Rafael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant JPMorgan Chase Bank, N.A.. (Garcia-Salgado, Rafael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC613607 Receipt No: 0973-17644771 - Fee: $400, filed by Defendant JPMorgan Chase Bank, N.A.. (Attorney Rafael Garcia-Salgado added to party JPMorgan Chase Bank, N.A.(pty:dft))(Garcia-Salgado, Rafael) |
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