BM Real Estate Services, Inc. v. Angel Oak Mortgage Solutions LLC et al
| BM Real Estate Services, Inc. d/b/a Priority Financial Network, BM Real Estate Services, Inc. and BM Real Estate Services, Inc. a California corporation doing business as Priority Financial Network |
| Angel Oak Mortgage Solutions LLC, DOES 1 through 10, inclusive, and Does 1 through 10, inclusive |
| 2:2020cv03974 |
| April 30, 2020 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 35
ORDER DISMISSING ACTION WITH PREJUDICE by Magistrate Judge Karen L. Stevenson, re Stipulation to Dismiss Case #34 . This action hereby is dismissed in its entirety, with prejudice; and this Court hereby retains jurisdiction of the above-captioned action solely for the purpose of enforcing the parties' settlement agreement. Case Terminated. Made JS-6. (hr)
|
| Filing 34 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(ii) filed by Plaintiff BM Real Estate Services, Inc. dba Priority Financial Network BM Real Estate Services, Inc.. (Attachments: #1 Proposed Order)(Taitelman, Michael) |
| Filing 33 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Angel Oak Mortgage Solutions LLC.(Shelton, Ian) |
|
Filing 32
MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TODISMISS by Magistrate Judge Karen L. Stevenson. For the reasons stated above, IT IS ORDERED that the Motion to Dismiss is GRANTED in part and DENIED in part, as follows. The Court hereby DISMISSES Claim Two, Claim Four, and Claim Five. Additionally, the Court hereby DISMISSES Plaintiff's prayer for punitive damages. Defendant is ordered to file an Answer to Claim One and Claim Three in the Complaint within 14 days of this Order. SEE ORDER FOR FURTHER DETAILS. #17 (ch)
|
| Filing 31 SEALED DOCUMENT (Sealed Exhibit F) re NOTICE OF MOTION AND MOTION to Dismiss Case #17 , Order on Motion for Leave to File Document Under Seal,,,, #25 filed by Defendant Angel Oak Mortgage Solutions LLC.(Shelton, Ian) |
| Filing 30 SEALED DOCUMENT (Sealed Exhibit E) re NOTICE OF MOTION AND MOTION to Dismiss Case #17 , Order on Motion for Leave to File Document Under Seal,,,, #25 filed by Defendant Angel Oak Mortgage Solutions LLC.(Shelton, Ian) |
| Filing 29 SEALED DOCUMENT (Sealed Exhibit D) re NOTICE OF MOTION AND MOTION to Dismiss Case #17 , Order on Motion for Leave to File Document Under Seal,,,, #25 filed by Defendant Angel Oak Mortgage Solutions LLC.(Shelton, Ian) |
| Filing 28 SEALED DOCUMENT (Sealed Exhibit C) re NOTICE OF MOTION AND MOTION to Dismiss Case #17 , Order on Motion for Leave to File Document Under Seal,,,, #25 filed by Defendant Angel Oak Mortgage Solutions LLC.(Shelton, Ian) |
| Filing 27 SEALED DOCUMENT (Sealed Exhibit B) re NOTICE OF MOTION AND MOTION to Dismiss Case #17 , Order on Motion for Leave to File Document Under Seal,,,, #25 filed by Defendant Angel Oak Mortgage Solutions LLC.(Shelton, Ian) |
| Filing 26 EXHIBIT B to NOTICE OF MOTION AND MOTION to Dismiss Case #17 The Court ordered Angel Oak to re-file a redacted version of Exhibit B consistent with the Sealing Order, Dkt. 25 filed by Defendant Angel Oak Mortgage Solutions LLC. (Shelton, Ian) |
|
Filing 24
MINUTE (IN CHAMBERS) ORDER VACATING HEARING ON DEFENDANTS MOTION TO DISMISS #17 by Magistrate Judge Karen L. Stevenson. Having reviewed the parties' briefing, the Court deems this matter suitable for decision with oral argument. Accordingly, the hearing on Defendant's Motion scheduled for Wednesday, September 2, 2020 at 10 a.m., is hereby VACATED. An order will issue. (hr)
|
| Filing 23 REPLY in Support of APPLICATION to file document (Exhibits B through F in Support of Motion to Dismiss) under seal #18 filed by Defendant Angel Oak Mortgage Solutions LLC. (Shelton, Ian) |
| Filing 22 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendant Angel Oak Mortgage Solutions LLC. (Shelton, Ian) |
|
Filing 25
MINUTE (IN CHAMBERS) ORDER RE: DEFENDANT ANGEL OAK MORTGAGE SOLUTIONS LLC'S APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN EXHIBITS TO MOTION TO DISMISS #18 by Magistrate Judge Karen L. Stevenson. IT IS HEREBY ORDERED that the Application is DENIED in part as to the Seller Guide: table of contents at pages 1-2; Section 1 "Overview," including "Holidays Observed" at page 3; general information in Section 2 "Connecting with Angel Oak" at page 4; and the sentences from Sections 5 and 9 that are quoted in the parties' briefing on the motion to dismiss. The Application is GRANTED as to the remaining sections of the Seller Guide. Within three (3) days of the date of this Order, Defendant shall re-file a redacted version of the Seller Guide consistent with this Order. The Application is GRANTED with respect to all personally identifying information concerning nonparty mortgage loan applicants in the CUAFs at Exhibits C, D, E, and F. (see document for further details) (hr)
|
| Filing 21 Opposition Opposition re: APPLICATION to file document (Exhibits B through F in Support of Motion to Dismiss) under seal #18 filed by Plaintiff BM Real Estate Services, Inc.. (Attachments: #1 Declaration Steven B.F. Stiglitz, #2 Exhibit 1 (part 1 of 9), #3 Exhibit 1 (part 2 of 9), #4 Exhibit 1 (part 3 of 9), #5 Exhibit 1 (part 4 of 9), #6 Exhibit 1 (part 5 of 9), #7 Exhibit 1 (part 6 of 9), #8 Exhibit 1 (part 7 of 9), #9 Exhibit 1 (part 8 of 9), #10 Exhibit 1 (part 9 of 9), #11 Exhibit 2, #12 Exhibit 3, #13 Exhibit 4)(Stiglitz, Steven) |
| Filing 20 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Plaintiff BM Real Estate Services, Inc.. (Stiglitz, Steven) |
| Filing 19 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits B through F in Support of Motion to Dismiss) under seal #18 filed by Defendant Angel Oak Mortgage Solutions LLC. (Attachments: #1 Unredacted Document Exhibit B, #2 Unredacted Document Exhibit C, #3 Unredacted Document Exhibit D, #4 Unredacted Document Exhibit E, #5 Unredacted Document Exhibit F)(Shelton, Ian) |
| Filing 18 APPLICATION to file document (Exhibits B through F in Support of Motion to Dismiss) under seal filed by Defendant Angel Oak Mortgage Solutions LLC. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit C, #3 Redacted Document Exhibit D, #4 Redacted Document Exhibit E, #5 Redacted Document Exhibit F)(Shelton, Ian) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Angel Oak Mortgage Solutions LLC. Motion set for hearing on 9/2/2020 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Attachments: #1 Declaration of Tom Hutchens, #2 Exhibit A, #3 Exhibit B (Under Seal), #4 Exhibit C (Redacted), #5 Exhibit D (Redacted), #6 Exhibit E (Redacted), #7 Exhibit F (Redacted), #8 Proposed Order) (Shelton, Ian) |
|
Filing 16
STANDING ORDER by Magistrate Judge Karen L. Stevenson. (see document for details) (hr)
|
| Filing 15 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before the Magistrate Judge, this case remains assigned to Magistrate Judge Karen L. Stevenson for final disposition re: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #11 , Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #14 (rn) |
| Filing 14 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Angel Oak Mortgage Solutions LLC. (Attorney Ian Scott Shelton added to party Angel Oak Mortgage Solutions LLC(pty:dft))(Shelton, Ian) |
| Filing 13 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiff BM Real Estate Services, Inc. dba Priority Financial Network BM Real Estate Services, Inc.. upon Angel Oak Mortgage Solutions LLC waiver sent by Plaintiff on 5/11/2020, answer due 7/10/2020. Waiver of Service signed by Ian S. Shelton. (Taitelman, Michael) |
| Filing 11 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Taitelman, Michael) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal #9 . The following error(s) was/were found: 1. The above document is missing counsel's signature. 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. (hr) |
| Filing 9 Notice of Withdrawal of Service of Summons and Complaint Returned Executed (21 days), #6 , Service of Summons and Complaint Returned Executed (21 days), #5 filed by Plaintiff BM Real Estate Services, Inc. dba Priority Financial Network BM Real Estate Services, Inc.. (Taitelman, Michael) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Angel Oak Mortgage Solutions LLC. (et) |
| Filing 7 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen L. Stevenson. (Attachments: #1 CV11C Statement of Consent) (et) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff BM Real Estate Services, Inc., upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Defendants NEWREZ, LLC, and DOES 1 through 10, inclusive, in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (POS 2) (Taitelman, Michael) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff BM Real Estate Services, Inc., upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Defendants NEWREZ, LLC, and DOES 1 through 10, inclusive, in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (POS 1) (Taitelman, Michael) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff BM Real Estate Services, Inc. dba Priority Financial Network BM Real Estate Services, Inc. d/b/a Priority Financial Network, (Taitelman, Michael) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff BM Real Estate Services, Inc. d/b/a Priority Financial Network. (Taitelman, Michael) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff BM Real Estate Services, Inc. dba Priority Financial Network BM Real Estate Services, Inc. d/b/a Priority Financial Network. (Taitelman, Michael) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26285877 - Fee: $400, filed by Plaintiff BM Real Estate Services, Inc. dba Priority Financial Network BM Real Estate Services, Inc. d/b/a Priority Financial Network. (Attorney Michael A Taitelman added to party BM Real Estate Services, Inc. d/b/a Priority Financial Network(pty:pla))(Taitelman, Michael) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
