Thomas Lin et al v. Shellpoint Mortgage Servicing, et al
| Lily W. Lin and Thomas S. Lin |
| Does 1-10, inclusive, Shellpoint Mortgage Servicing, New Penn Financial, LLC, New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing and The Bank of New York Mellon |
| 2:2018cv01153 |
| February 12, 2018 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Dolly M Gee |
| Jean P Rosenbluth |
| George H Wu |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Notice of Removal - Foreclosure |
| None |
Docket Report
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This docket was last retrieved on August 13, 2018. A more recent docket listing may be available from PACER.
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Filing 35
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION TO ALTER OR AMEND JUDGMENT #31 by Judge Dolly M. Gee: In light of the foregoing, the Court DENIES the MTA. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 34
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiffs' Motion to Alter or Amend Judgment Pursuant to Rule 59(e) #31 presently scheduled for hearing on July 20, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 33 REPLY IN SUPPORT OF MOTION TO ALTER OR AMEND filed by Plaintiff Thomas S. Lin. (Attachments: #1 Exhibit Exhibit A)(Moussazadeh, Alexander) |
| Filing 32 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #30 . #31 filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank of New York Mellon. (Cutchshaw, Benjamin) |
| Filing 31 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #30 . filed by PLAINTIFF Thomas S. Lin. Motion set for hearing on 7/20/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Moussazadeh, Alexander) |
| Filing 30 JUDGMENT by Judge Dolly M. Gee: On 5/24/2018, this Court having granted Defendant's motion to dismiss with prejudice, IT IS ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of Defendants Shellpoint Mortgage Servicing; and The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate-Holders of CWALT, Inc., Alternative Loan Trust 2005-38 and against Plaintiffs Thomas S. Lin and Lily W. Lin, and that this action is dismissed with prejudice. (MD JS-6, Case Terminated). (gk) |
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Filing 29
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO DISMISS by Judge Dolly M. Gee: The Court GRANTS Defendants New Penn Financial, LLC dba Shellpoint Mortgage Servicing and The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate-Holders of CWALT, Inc., Alternative Loan Trust 2005-38 Mortgage Pass-Through Certificates, Series 2005-38's Motion to Dismiss #24 based on the doctrine of res judicata. The 5/25/2018 hearing is VACATED. Court Reporter: Not Reported. (gk)
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| Filing 28 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #24 filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank of New York Mellon. (Cutchshaw, Benjamin) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) #26 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) |
| Filing 26 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #24 filed by Plaintiff Thomas S. Lin. (Moussazadeh, Alexander) |
| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #24 filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cutchshaw, Benjamin) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank of New York Mellon. Motion set for hearing on 5/25/2018 at 09:30 AM before Judge Dolly M. Gee. (Attorney Benjamin M Cutchshaw added to party The Bank of New York Mellon(pty:dft)) (Cutchshaw, Benjamin) |
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Filing 23
ORDER by Judge Dolly M. Gee. IT IS HEREBY ORDERED that based on the Stipulated Agreement #22 executed by the undersigned parties and filed April 18, 2018, SHELLPOINT MORTGAGE SERVICING's, hereinafter referred to as SHELLPOINT, and THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-38, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-38's, hereinafter referred to as BONY, responsive pleading to Plaintiff's Second Amended Complaint is due by April 27, 2018. The Order to Show Cause dated April 10, 2018 is DISCHARGED. (Doc. No. 21.) (smo)
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| Filing 22 First STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition #13 , Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #21 filed by PLAINTIFF Thomas S. Lin. (Attachments: #1 Proposed Order Proposed Stipulation Order)(Moussazadeh, Alexander) |
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Filing 21
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FORLACK OF PROSECUTION by Judge Dolly M. Gee. In the present case, it appears that one or more of these time periods has not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before April 24, 2018 why this action should not be dismissed as to defendant Shellpoint Mortgage Servicing for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): Shellpoint Mortgage Servicing;Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. No oral argument of this matter will be heard unless ordered by the Court. (lom)
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| Filing 20 21-Day Summons Issued re First Amended Complaint #13 as to Defendant The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc., Alternative Loan Trust 2005-38, Mortgage Pass-Through Certificates, Series 2005-38. (gk) |
| Filing 19 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,,, #18 , Summons Request #17 filed by PLAINTIFF Thomas S. Lin. (Moussazadeh, Alexander) |
| Filing 18 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: First Amended Complaint #13 . The following error(s) was found: The phrase "et. al," should not be used on the Summons form. The section that begins with, "To: (Defendant's name and address)," has a small typographical error as to The Bank of New York Mellon. The filer indicates that The Bank is "Trustee for the Certificateholders of CWALT, Inc..." The First Amended Complaint has "certificate holders" as two words, not one. Lastly, please type below the words, "SUMMONS IN A CIVIL ACTION," "ON THE FIRST AMENDED COMPLAINT." The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) |
| Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition #13 , Notice of Deficiency in Request to Issue Summons,,,,, #16 filed by PLAINTIFF Thomas S. Lin. (Moussazadeh, Alexander) |
| Filing 16 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: First Amended Complaint #13 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached."Next, attach a face page of the complaint or a second page addendum to the Summons. The party caption on the summons is made as to, "Select Portfolio Servicig, Inc., et al (see attached addendum)." Select Portfolio Servicig, Inc. is not a named party to the action. The phrase "et. al," should not be used on the Summons form. There is no "attached addendum" to the Summons. The section that begins with, "To: (Defendant's name and address)," has a small typographical error as to The Bank of New York Mellon. The filer indicates that The Bank is "Trustee for the Certificateholders of CWALT, Inc..." The First Amended Complaint has "certificate holders" as two words, not one. Lastly, please type below the words, "SUMMONS IN A CIVIL ACTION," "ON THE FIRST AMENDED COMPLAINT.". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) |
| Filing 15 Request for Clerk to Issue Summons on Amended Complaint/Petition #13 , Notice (Other) #14 filed by PLAINTIFF Thomas S. Lin. (Moussazadeh, Alexander) |
| Filing 14 NOTICE OF ERRATA filed by PLAINTIFF Thomas S. Lin. (Moussazadeh, Alexander) |
| Filing 13 FIRST AMENDED COMPLAINT against DEFEDANTS All Defendants amending Complaint - (Discovery), filed by PLAINTIFF Thomas S. Lin (Attachments: #1 Exhibit A-C)(Moussazadeh, Alexander) |
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Filing 12
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT NEW PENN FINANCIAL, LLC DBA SHELLPOINT MORTGAGE SERVICING'S MOTION TO DISMISS by Judge Dolly M. Gee: Defendant New Penn Financial, LLC dba Shellpoint Mortgage Servicing's motion to dismiss #10 is GRANTED for failure to oppose. The 3/23/2018 hearing on the motion is therefore VACATED. Plaintiffs shall file an amended pleading, or notify Defendant of their intent not to do so, within 15 days from the date of this Order. Failure to timely file an amended complaint will result in the summary dismissal of this action with prejudice. Court Reporter: Not Reported. (gk)
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| Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint #10 filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit A: Plaintiffs' FAC (original action), #2 Exhibit B: Stipulation Dismissing SPS (original action), #3 Exhibit C: Order Dismissing SPS (original action))(Cutchshaw, Benjamin) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint filed by Defendant New Penn Financial, LLC, Shellpoint Mortgage Servicing. Motion set for hearing on 3/23/2018 at 09:30 AM before Judge Dolly M. Gee. (Attorney Benjamin M Cutchshaw added to party Shellpoint Mortgage Servicing(pty:dft)) (Cutchshaw, Benjamin) |
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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Filing 8
MINUTE ORDER (IN CHAMBERS)- TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee. Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 16-05 filed on February 14, 2018. Please substitute the initials DMG in place of the current initials, so that the case number will now read CV 18-1153-DMG (JPRx). (iv)
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Filing 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:16-cv-00130 DMG (JPRx). Case transferred from Magistrate Judge Paul L. Abrams and Judge George H. Wu to Judge Dolly M. Gee and Magistrate Judge Jean P. Rosenbluth for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-01153 DMG (JPRx). Signed by Judge Dolly M. Gee (esa)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Paul L. Abrams. (esa) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant New Penn Financial, LLC dba Shellpoint Mortgage Servicing. Related Case(s): 2:16-cv-00130-DMG-JPR (Cutchshaw, Benjamin) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant New Penn Financial, LLC dba Shellpoint Mortgage Servicing identifying The Bank of New York Mellon Corporation as Corporate Parent. (Cutchshaw, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed by Defendant New Penn Financial, LLC dba Shellpoint Mortgage Servicing. (Cutchshaw, Benjamin) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC687531 Receipt No: 0973-21243187 - Fee: $400, filed by Defendant New Penn Financial, LLC dba Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit All other pleadings filed in state court action) (Attorney Benjamin M Cutchshaw added to party New Penn Financial, LLC dba Shellpoint Mortgage Servicing(pty:dft))(Cutchshaw, Benjamin) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1-10, inclusive, Shellpoint Mortgage Servicing, filed by plaintiffs Lily W. Lin, Thomas S. Lin. (esa) Modified on 2/12/2018 (esa). |
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