Manual Sosa et al v. Loan Depot LLC et al
| Manuel Sosa and Steven De La Paz Guijarro |
| Prestige Default Services, LLC, Loan Depot LLC dba IMortgage, Cenlar Capital Corporation dba Cenlar, FSB, Cenlar FSB, Does 1-10, inclusive, LoanDepot.com, LLC, Cenlar FSB doing business as Cenlar, FSB Erroneously Sued As Cenlar Capital Corporation and LoanDepot.com, LLC doing business as IMortgage Erroneously Sued As Loan Depot LLC |
| 2:2019cv07034 |
| August 13, 2019 |
| US District Court for the Central District of California |
| Charles F Eick |
| John F Walter |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 NOTICE OF LODGING filed [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 (Attachments: #1 Exhibit)(Beall, Kelly) |
| Filing 29 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 filed by Defendants Cenlar FSB, LoanDepot.com, LLC. (Beall, Kelly) |
| Filing 28 NOTICE of Voluntary Dismissal filed by Plaintiffs Steven De La Paz Guijarro, Manuel Sosa. Dismissal is without prejudice. (Cara, Anthony) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 filed by Plaintiffs Steven De La Paz Guijarro, Manuel Sosa. (Cara, Anthony) |
| Filing 26 DECLARATION of Tony Cara RE: COMPLIANCE WITH LOCAL RULES GOVERNING ELECTRONIC FILING filed by Plaintiffs Steven De La Paz Guijarro, Manuel Sosa. (Cara, Anthony) |
| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 filed by Defendants Cenlar FSB, LoanDepot.com, LLC. (Attachments: #1 Exhibit Exhibits 1 - 6)(Beall, Kelly) |
| Filing 24 NOTICE OF ERRATA filed by Defendants Cenlar FSB, LoanDepot.com, LLC. correcting Request for Judicial Notice #21 (Beall, Kelly) |
| Filing 23 NOTICE OF ERRATA filed by Defendants Cenlar FSB, LoanDepot.com, LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 and the attached [Proposed] Order (Beall, Kelly) |
| Filing 22 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 (Attachments: #1 Exhibit 1)(Beall, Kelly) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service #20 filed by Defendants Cenlar FSB, LoanDepot.com, LLC. (Attachments: #1 Exhibit Exhibits 1 - 6)(Beall, Kelly) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case w/ Proof of Service filed by defendants Cenlar FSB, LoanDepot.com, LLC. Motion set for hearing on 10/21/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Beall, Kelly) |
| Filing 19 RESPONSE filed by Plaintiffs Steven De La Paz Guijarro, Manuel Sosato Text Only Scheduling Notice,,, 16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cara, Anthony) |
Filing 18
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 1/17/2020 at 10:00 PM. Court Trial set for 1/28/2020 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 17
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on September 23, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: November 18, 2019. The Joint Report re: Results of Settlement Conference due on: November 22, 2019. (iv)
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| Filing 16 Text Entry Order: Based on the unilateral Joint Report filed by Defendants (Docket No. #15 ), it appears that Plaintiffs counsel failed to participate in the early meeting of counsel and the preparation of the Joint Report required by the Courts August 15, 2019 Order. Accordingly, lead counsel for Plaintiffs is ordered to show cause in writing by September 11, 2019 why he should not be sanctioned in the amount of $1,500.00 or why this case should not be dismissed. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and dismissal of this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Defendants Cenlar FSB, LoanDepot.com, LLC.. (Attachments: #1 Certificate of Service)(Beall, Kelly) |
| Filing 14 STATEMENT re: Meet and Confer re: Filing of Motion to Dismiss filed by Defendants Cenlar FSB, LoanDepot.com, LLC (Joint Statement) (Attachments: #1 Certificate of Service)(Beall, Kelly) |
| Filing 13 CERTIFICATE OF SERVICE filed by defendants Cenlar FSB, LoanDepot.com, LLC, re Notice to Adverse Party of Removal served on 8/14/2019. (Attachments: #1 Exhibit 1 - Notice of Adverse Party of Removal)(Beall, Kelly) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Cenlar FSB answer now due 9/20/2019; LoanDepot.com, LLC answer now due 9/20/2019, re Complaint - (Discovery), filed by defendants Cenlar FSB; LoanDepot.com, LLC.(Beall, Kelly) |
| Filing 11 DECLARATION of of Lead Trial Counsel re: Compliance with Local Rules Governing Electronic Filing filed by Defendants Cenlar FSB, LoanDepot.com, LLC. (Beall, Kelly) |
| Filing 10 NOTICE of Issuance of Standing Order filed by defendants Cenlar FSB, LoanDepot.com, LLC. (Attachments: #1 Exhibit 1 - Standing Order)(Beall, Kelly) |
| Filing 9 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Cenlar FSB, LoanDepot.com, LLC. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - Proof of Service - Cenlar FSB, #4 Exhibit D - Proof of Service - Loan Depot LLC, #5 Exhibit E - Proof of Service - Prestige Default Services, #6 Exhibit F - Declaration of Non-Monetary Status)(Beall, Kelly) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for September 23, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before September 6, 2019. (iv)
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Filing 7
STANDING ORDER by Judge John F. Walter. 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 John F. Walter. (iv)
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| Filing 6 NOTICE of Interested Parties filed by Defendants Cenlar FSB, LoanDepot.com, LLC, (Beall, Kelly) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening),, #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Charles F. Eick. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Cenlar FSB, LoanDepot.com, LLC, Prestige Default Services, LLC., filed by plaintiffs Manuel Sosa, Steven De La Paz Guijarro. (FILED IN STATE COURT ON 7/8/2019 SUBMITTED ATTACHED EXHIBIT B) (ghap) Modified on 8/14/2019 (ghap). |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Manuel Sosa, Steven De La Paz Guijarro, upon Plaintiff Cenlar FSB served on 7/15/2019, answer due 8/5/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Person Authorized to Accept in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 7/25/2019 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Manuel Sosa, Steven De La Paz Guijarro, upon Defendant Prestige Default Services, LLC served on 7/18/2019, answer due 8/8/2019. Service of the Summons and Complaint were executed upon Michelle Ghidotti, Agent for Service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 7/25/2019 SUBMITTED ATTACHED EXHIBIT E) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Manuel Sosa, Steven De La Paz Guijarro, upon Defendant LoanDepot.com, LLC served on 7/19/2019, answer due 8/9/2019. Service of the Summons and Complaint were executed upon Susan Martinez, Person Authorized to Accept in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 7/25/2019 SUBMITTED ATTACHED EXHIBIT D) (ghap) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Cenlar Capital Corporation dba Cenlar, FSB, Loan Depot LLC dba IMortgage. (Beall, Kelly) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court - Compton, case number 19CMCV00204 Receipt No: 0973-24253946 - Fee: $400, filed by defendants Cenlar Capital Corporation dba Cenlar, FSB, Loan Depot LLC dba IMortgage. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - Proof of Personal Service - Cenlar FSB, #4 Exhibit D - Proof of Personal Service - Loan Depot LLC, #5 Exhibit E - Proof of Personal Service - Prestige Default Services, #6 Exhibit F - Declaration of Non-Monetary Status) (Attorney Kelly Andrew Beall added to party Cenlar Capital Corporation dba Cenlar, FSB(pty:dft), Attorney Kelly Andrew Beall added to party Loan Depot LLC dba IMortgage(pty:dft))(Beall, Kelly) |
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