U.S. Bank, N.A. v. Ocean Towers Housing Corporation et al
| U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2 and U.S. Bank, N.A. |
| Omar Spahi, Ocean Towers Housing Corporation, a California corporation, Seif Ascar, Seif Ascar, as the Trustee of the Ascar Family Trust, John Spahi, Dorothea Schiro, Ocean Towers Housing Corporation, Joseph Orlando and Does 1 through 10, Inclusive |
| 2:2018cv05965 |
| July 9, 2018 |
| US District Court for the Central District of California |
| Charles F Eick |
| Dale S Fischer |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Notice of Withdrawal of Motion to Dismiss (cause or other), #40 , Request for Judicial Notice #41 filed by Defendant Ocean Towers Housing Corporation. (Laughlin, Samuel) |
| Filing 43 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff U.S. Bank, N.A... (Solitro, Daniel) |
| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #40 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties.. 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. (bp) |
| Filing 41 REQUEST FOR JUDICIAL NOTICE re Second NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #40 filed by Defendant Ocean Towers Housing Corporation. (Laughlin, Samuel) |
| Filing 40 Second NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant Ocean Towers Housing Corporation. Motion set for hearing on 1/28/2019 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Samuel B. Laughlin in Support of Defendant Ocean Towers Housing Corporation's Second Motion to Dismiss, #2 Proposed Order Granting Defendant Ocean Towers Housing Corporation's Second Motion to Dismiss) (Laughlin, Samuel) |
Filing 39
ORDER GRANTING Ocean Towers Housing Corporations Motion to Dismiss (Dkt. No. 35) by Judge Dale S. Fischer: Therefore, the motion is GRANTED. Plaintiff's quiet title and declaratory relief claims fail to the degree that they are based on a right to a lien under the Schiro Deed of Trust. Leave to amend is granted. An amended complaint is to be filed no later than 21 days after the entry of this order. IT IS SO ORDERED. (See order for further details)granting #35 MOTION to Dismiss (yl)
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| Filing 38 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #35 filed by Defendant Ocean Towers Housing Corporation. (Laughlin, Samuel) |
| Filing 37 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #35 filed by Plaintiff U.S. Bank, N.A.. (Attachments: #1 Request for Judicial Notice)(Solitro, Daniel) |
| Filing 36 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #35 filed by Defendant Ocean Towers Housing Corporation. (Laughlin, Samuel) |
| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant Ocean Towers Housing Corporation. Motion set for hearing on 11/19/2018 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Samuel B. Laughlin in Support of Defendant Ocean Towers Housing Corporation's Motion to Dismiss, #2 Proposed Order Granting Defendant Ocean Towers Housing Corporation's Motion to Dismiss) (Laughlin, Samuel) |
| Filing 34 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Joseph Orlando.(Attorney David E Rosen added to party Joseph Orlando(pty:dft))(Rosen, David) |
| Filing 33 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Dorothea Schiro.(Attorney Alfred J Verdi added to party Dorothea Schiro(pty:dft))(Verdi, Alfred) |
| Filing 32 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendants Seif Ascar(as the Trustee of the Ascar Family Trust Dated July 5, 2012 ), Seif Ascar(an individual).(Landau, Bruce) |
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Filing 31
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 1/7/2019 at 11:00 AM before Judge Dale S. Fischer. (dp)
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| Filing 30 NOTICE AND CERTIFICATE of Interested Parties filed by Defendant John Spahi, Omar Spahi, (Nassirzadeh, Edmond) |
| Filing 29 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant Omar Spahi.(Attorney Edmond Nassirzadeh added to party Omar Spahi(pty:dft))(Nassirzadeh, Edmond) |
| Filing 28 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant John Spahi.(Attorney Edmond Nassirzadeh added to party John Spahi(pty:dft))(Nassirzadeh, Edmond) |
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Filing 27
ORDER DENYING Seif Ascar's Motion to Dismiss (Dkt. No. 16) by Judge Dale S. Fischer: (SEE ORDER FOR SPECIFICS) (bp)
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Filing 26
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT BY 32 DAYS, granting Stipulation to Extend Time to Answer (More than 30 days), #24 , Defendant Ocean Towers Housing Corporation answer due 10/8/2018 by Judge Dale S. Fischer (SEE ORDER FOR SPECIFICS) (bp)
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| Filing 25 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION Judge Dale S. Fischer. The Court, on its own motion, takes the Motion set for 9/10/18 off calendar and under submission. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY |
| Filing 24 Joint STIPULATION for Extension of Time to File Answer to October 8, 2018 re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Ocean Towers Housing Corporation. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Complaint by 32 Days)(Attorney Samuel B Laughlin added to party Ocean Towers Housing Corporation(pty:dft))(Laughlin, Samuel) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim #16 filed by Defendants Seif Ascar, Seif Ascar. (Attachments: #1 Supplemental Request for Judicial Notice)(Landau, Bruce) |
| Filing 22 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim #16 filed by Plaintiff U.S. Bank, N.A.. (Attachments: #1 Request for Judicial Notice)(Solitro, Daniel) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by Plaintiff U.S. Bank, N.A.. upon Omar Spahi waiver sent by Plaintiff on 7/20/2018, answer due 9/18/2018. Waiver of Service signed by Edmond Nassirzadeh. (Solitro, Daniel) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by Plaintiff U.S. Bank, N.A.. upon John Spahi waiver sent by Plaintiff on 7/20/2018, answer due 9/18/2018. Waiver of Service signed by Edmond Nassirzadeh. (Solitro, Daniel) |
| Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff U.S. Bank, N.A., upon Defendant Dorothea Schiro served on 8/1/2018, answer due 8/22/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Solitro, Daniel) |
| Filing 18 STIPULATION Extending Time to Answer the complaint as to Ocean Towers Housing Corporation answer now due 9/6/2018, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Ocean Towers Housing Corporation.(Attorney Christina M Vander Werf added to party Ocean Towers Housing Corporation(pty:dft))(Vander Werf, Christina) |
| Filing 17 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim #16 filed by Defendants Seif Ascar, Seif Ascar. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Landau, Bruce) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim filed by Defendant Seif Ascar(as the Trustee of the Ascar Family Trust Dated July 5, 2012 ), Seif Ascar(an individual). Motion set for hearing on 9/10/2018 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Landau, Bruce) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Plaintiff U.S. Bank, N.A.. upon Joseph Orlando waiver sent by Plaintiff on 7/23/2018, answer due 9/21/2018. Waiver of Service signed by David E. Rosen. (Solitro, Daniel) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Bruce Geoffrey Landau counsel for Defendants Seif Ascar, Seif Ascar. Adding Bruce G. Landau as counsel of record for SEIF ASCAR, AS TRUSTEE OF THE ASCAR FAMILY TRUST DATED JULY 5, 2012 and SEIF ASCAR, an Individual for the reason indicated in the G-123 Notice. Filed by Defendants SEIF ASCAR, AS TRUSTEE OF THE ASCAR FAMILY TRUST DATED JULY 5, 2012 and SEIF ASCAR, an Individual. (Attorney Bruce Geoffrey Landau added to party Seif Ascar(pty:dft), Attorney Bruce Geoffrey Landau added to party Seif Ascar(pty:dft))(Landau, Bruce) |
| Filing 13 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff U.S. Bank, N.A., upon Defendant Ocean Towers Housing Corporation served on 7/17/2018, answer due 8/7/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Solitro, Daniel) |
| Filing 12 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff U.S. Bank, N.A., upon Defendant Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Solitro, Daniel) |
| Filing 11 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff U.S. Bank, N.A., upon Defendant Seif Ascar(as the Trustee of the Ascar Family Trust Dated July 5, 2012 ) served on 7/11/2018, answer due 8/1/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Solitro, Daniel) |
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Filing 10
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp)
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:12-cv-10493 DSF(Ex). Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge Otis D. Wright, II to Judge Dale S. Fischer and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-05965 DSF(Ex). Signed by Judge Dale S. Fischer (rn)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Seif Ascar(an individual), Seif Ascar(as the Trustee of the Ascar Family Trust Dated July 5, 2012 ), Ocean Towers Housing Corporation, Dorothea Schiro, John Spahi, Omar Spahi. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (car) |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2, identifying U.S. Bancorp, a parent of defendant U.S. Bank National Association; Select Portfolio Servicing, Inc.; Plaintiff U.S. Bank, N.A., as trustee of the Thornburg Mortgage Securities Trust 2007-2; Defendant Ocean Towers Housing Corporation; Defendant Seif Ascar, as the Trustee of the Ascar Family Trust Dated July 5, 2012; Seif Ascar; Defendant John Spahi; Defendant Omar Spahi; Defendant Dorothea Schiro. (Solitro, Daniel) |
| Filing 4 NOTICE of Related Case(s) filed by Plaintiff U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2. Related Case(s): 2:16-cv06251-DSF, 2:16-cv-03487-DSF, 2:14-cv-06017-DSF (Solitro, Daniel) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2. (Solitro, Daniel) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2. (Solitro, Daniel) |
| Filing 1 COMPLAINT Receipt No: 0973-22057887 - Fee: $400, filed by Plaintiff U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Attorney Daniel A Solitro added to party U.S. Bank, as Trustee for the Thornburg Mortgage Securities Trust 2007-2(pty:pla))(Solitro, Daniel) |
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