Vien Phuong Thi Ho v. Nationstar Mortgage, LLC et al
| Vien Phuong Thi Ho |
| Affinia Default Services, LLC, Nationstar Mortgage, LLC, Does 1 through X, inclusive, Mortgage Electronic Registration Systems Inc, HSBC Bank USA NA, Does 1 to 10, Mr. Cooper Group Inc., HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency, All Persons Claiming, Nationstar Mortgage Holdings Inc. and Nationstar Mortgage, LLC doing business as Mr. Cooper |
| 2:2019cv10532 |
| December 12, 2019 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Otis D Wright |
| Real Property: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 29, 2020. A more recent docket listing may be available from PACER.
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Filing 32
ORDER GRANTING DEFENDANT HSBC BANK USA, N.A. CTLA HSBC BANK USA, CORP TRUST ANDLOAN AGENCYS MOTION TO VACATE ENTRY OF DEFAULT #23 , #26 AND DEFENDANT SHALL FILE RESPONSE TO COMPLAINT ON OR BEFORE FEBRUARY 14, 2020 by Judge Otis D. Wright, II (lc)
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Filing 31
ORDER GRANTING AFFINIA DEFAULT SERVICES, LLCS MOTION TO ENLARGE TIME TO RESPOND TO PLAINTIFFS COMPLAINT #27 by Judge Otis D. Wright, II: Defendants Motion (ECF No. 27) is GRANTED. IT IS FURTHER ORDERED that Defendants responsive pleading shall be DUE ON or before February 24, 2020. IT IS FURTHER ORDERED that Plaintiffs request for default #29 is DENIED as MOOT. (lc)
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| Filing 30 NOTICE OF DEFICIENCY Re: NOTICE OF MOTION AND MOTION for Enlargement of Time to File Responsive Pleading #27 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. 1) Defendant filed a Motion for enlargment of time to respond on 1/29/20, docket no. 27, set for hearing 2/24/20 1:30 PM. No ruling has been issued yet. (lc) |
| Filing 29 APPLICATION for Clerk to Enter Default against defendant Affinia Default Services, LLC filed by plaintiff Vien Phuong Thi Ho. (lc) |
| Filing 28 NOTICE of Interested Parties filed by Defendant Affinia Default Services, LLC, (Zuberi, Nabeel) |
| Filing 27 NOTICE OF MOTION AND MOTION for Enlargement of Time to File Responsive Pleading filed by Defendant Affinia Default Services, LLC. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order, #2 Affidavit Proof of Service) (Zuberi, Nabeel) |
| Filing 26 NOTICE OF MOTION AND MOTION to Vacate Clerks Entry of Default (CV-37) - optional html form #23 filed by Defendant HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency. (Attachments: #1 Proposed Order) (Attorney Patrick Jeffrey Kane added to party HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency(pty:dft)) (Kane, Patrick) |
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Filing 25
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff(s) is ordered to show cause in writing no later than January 31, 2020 why this action shouldnot be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's request for entry of default as to the defendant-Affinia Default Services, LLC. In the event both documents are filed before the above date, the answer will take precedence. Answer by the defendant(s). The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
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| Filing 24 PROOF OF SERVICE Executed by Plaintiff Vien Phuong Thi Ho, upon Defendant Affinia Default Services, LLC served on 1/6/2020, answer due 1/27/2020. Service of the Summons and Complaint were executed upon Megan Isner, authorized to accept service for Affinia Deault Services, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation (lc) |
| Filing 23 [VACATED PER 1/30/2020 ORDER, DOCKET NO. 32] DEFAULT BY CLERK F.R.Civ.P.55(a) as to HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency (lc) Modified on 1/30/2020 (lc). |
| Filing 22 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendants HSBC Bank USA NA, HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency, Mortgage Electronic Registration Systems Inc, Mr. Cooper Group Inc., Nationstar Mortgage Holdings Inc., Nat #13 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. The capacity of signatory Missing, required for service re a corporation.. (lc) |
| Filing 21 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendants HSBC Bank USA NA, Mortgage Electronic Registration Systems Inc, Nationstar Mortgage, LLC #13 . The Clerk cannot enter the requested relief as: Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. 1/21/20 minute order extended defendants time to answer to 2/14/20, see docket no. 12. (lc) |
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Defendants Nationstar Mortgage LLC dba Mr. Cooper, Mortgage Electronic Registration Systems, Inc., and HSBC Bank USA, N.A.s move for an extension of time to respond to the initial Complaint #8 , for good cause shown, IT IS HEREBY ORDERED that Defendants responsive pleading shall be due on or before February 14, 2020. (lc)
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Filing 11
SELF-REPRESENTATION ORDER by Judge Otis D. Wright, II, (lc)
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents (lc)
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| Filing 20 PROOF OF SERVICE Executed by Plaintiff Vien Phuong Thi Ho, upon Defendant HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency served on 12/24/2019, answer due 1/14/2020. Service of the Summons and Complaint were executed personally upon Daisy Monegegro, Intake Specialist, for CT Corporation in compliance with California Code of Civil Procedure by service. (lc) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Vien Phuong Thi Ho, upon Defendant HSBC Bank USA NA served on 12/24/2019, answer due 1/14/2020. Service of the Summons and Complaint were executed upon CT Corporation, agent, return receipt attached, No name nor signatory, only date stamped received 12/31/19, in compliance with California Code of Civil Procedure by service on a domestic corporation. (lc) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Vien Phuong Thi Ho, upon Defendant MERS-Mortgage Electronic Registration Systems Inc served on 12/24/2019, answer due 1/14/2020. Service of the Summons and Complaint were executed by certified mail, signed by V. Casseth (illegible) no title in compliance with California Code of Civil Procedure by service on a domestic corporation (lc) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Vien Phuong Thi Ho, upon Defendant Mr. Cooper Group Inc. served on 12/24/2019, answer due 1/14/2020. Service of the Summons and Complaint were executed in compliance with California Code of Civil Procedure by certified mail, executed return receipt signed by Allan Van Landingham (no title) by service on a domestic corporation (lc) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Vien Phuong Thi Ho, upon Defendant Nationstar Mortgage, LLC dba Mr. Cooper served on 12/24/2019, answer due 1/14/2020. Service of the Summons and Complaint were executed upon CSC Lawyers Inc, authorized agent in compliance with California Code of Civil Procedure by service on a domestic corporation by certified mail, no executed return receipt, tracking sheet attached, no name of person accepting service (lc) |
| Filing 15 CERTIFICATE OF MAIL SERVICE re Declaration (Motion related) #14 , APPLICATION for Clerk to Enter Default #13 served on 1/17/19 filed by plaintiff Vien Phuong Thi Ho. (lc) |
| Filing 14 DECLARATION UNDER PENALTY OF PERJURY UNDER 28 USC 1746 IN SUPPORT OF APPLICAITON FOR ENTRY OF DEFAULT #13 filed by Plaintiff Vien Phuong Thi Ho. (lc) |
| Filing 13 APPLICATION for Clerk to Enter Default against defendants Nationstar Mortgage LLC dba Mr. Cooper; Mr. Cooper Group, Inc; HSBC BANK USA, NA CTLA HSBC BANK USA CORP TRUST & LOAN AGENCY; HSBC BANK USA, NA; MORTGAGE ELECTRONIC REGISTRATIONSYSTEMS, INC filed by plaintiff; LODGED ENTRY OF DEFAULT WITHIN APPLICATION filed by Plaintiff Vien Phuong Thi Ho. (lc) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed by Defendant Nationstar Mortgage, LLC identifying Mr. Cooper Group Inc. as Corporate Parent. (Kane, Patrick) |
| Filing 8 NOTICE OF MOTION AND MOTION for Enlargement of Time to File Response to Plaintiff's Complaint filed by Defendant HSBC Bank USA NA, Mortgage Electronic Registration Systems Inc, Nationstar Mortgage, LLC. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Otis D. Wright II. (Attorney Patrick Jeffrey Kane added to party HSBC Bank USA NA(pty:dft), Attorney Patrick Jeffrey Kane added to party Mortgage Electronic Registration Systems Inc(pty:dft), Attorney Patrick Jeffrey Kane added to party Nationstar Mortgage, LLC(pty:dft)) (Kane, Patrick) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Nabeel M Zuberi counsel for Defendant Affinia Default Services, LLC. Adding Nabeel M. Zuberi as counsel of record for Affinia Default Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Affinia Default Services, LLC. (Attorney Nabeel M Zuberi added to party Affinia Default Services, LLC(pty:dft))(Zuberi, Nabeel) |
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Filing 6
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge George H. Wu, for the reasons set forth on this order. Related Case No. 2:10-cv-00741 GW(SSx) (rn)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jean P. Rosenbluth. (et) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Vien Phuong Thi Ho. (et) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Affinia Default Services, LLC, HSBC Bank USA NA, HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency, Mortgage Electronic Registration Systems Inc, Mr. Cooper Group Inc., Nationstar Mortgage Holdings Inc., Nationstar Mortgage, LLC. (et) |
| Filing 1 COMPLAINT against Defendants Affinia Default Services, LLC, All Persons Claiming, Does(1 through X, inclusive), Does(1 to 10), HSBC Bank USA NA, HSBC Bank USA, N.A. CTLA HSBC Bank USA, Corp Trust and Loan Agency, Mortgage Electronic Registration Systems Inc, Mr. Cooper Group Inc., Nationstar Mortgage Holdings Inc., Nationstar Mortgage, LLC. Case assigned to Judge Otis D. Wright, II for all further proceedings. Discovery referred to Magistrate Judge Jean P. Rosenbluth. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Vien Phuong Thi Ho. (Attachments: #1 Civil Cover Sheet) (et) |
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