Eugene Oak v. Michael C. Winter et al
| Eugene Oak |
| Sun Auck Park, Michael C. Winter, Federal Street Holdings, LLC, David Rotenberg, Daniel R. Bromson, Harlan D. Kahn, Bixby Bridge Fund, I, LLC, Bixby Bridge Capital, LLC, Bronson and Kahn, LLC, David Colburn, David Dunham, Ocwen PHH Mortgage Loan, Boylston Street Partners, I, LLC, Sister Sun Oak, Young Ah Park, Young Suk Park, Young Ro Park, Hee Kwon Jung, Michael Battin and Does 1 through 2000, Inclusive |
| 2:2022cv00517 |
| January 23, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Patricia Donahue |
| Maame Ewusi-Mensah Frimpong |
| Real Property: Other |
| Plaintiff |
Docket Report
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Filing 73
ORDER GRANTING DEFENDANT PHH CORPORATION'S REQUEST FOR JUDICIAL NOTICE [ECF NO. 63] AND MOTION TO QUASH [ECF NO. 28] AND ADDRESSING PLAINTIFFS MOTION TO QUASH DEFENDANT PHH CORPORATION'S MOTION TO QUASH [ECF NO. 30] by Judge Maame Ewusi-Mensah Frimpong. For the reasons stated above, the Court GRANTS Defendant PHH Mortgage's Request for Judicial Notice of Exhibits 13. ECF No. 62. The Court further GRANTS PHH Mortgage's Motion to Quash. ECF No. 28. Plaintiff Eugene Oak is ORDERED to properly serve PHH Mortgage in compliance with Federal Rule of Civil Procedure 4 within forty-five (45) days of this Order. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 72
ORDER DENYING PLAINTIFF'S REQUEST FOR GRANT OF SERVICE VIA EMAIL [ECF NO. #56 ] AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS by Judge Maame Ewusi-Mensah Frimpong. The Court DENIES Plaintiff's Request for Grant of Service. The Court will not accept Plaintiffs proof of service involving service to any defendant via email filed on February 2, 2022, or March 15, 2022. (See document for further details) (yl)
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| Filing 71 TEXT ONLY ENTRY by Maame Ewusi-Mensah Frimpong. The Court finds the Plaintiff's Request for Grant of Service via email #56 , the Request for Waiver of Service of Summons #59 , Defendant PHH Corporation's Request for Judicial Notice #63 , Defendant's Motion to Quash #28 , and the Plaintiff's Motion to Quash the Motion to Quash of OCWEN/PHH #30 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for MARCH 24, 2022, is removed from the calendar and the motions are taken under submission. NO APPEARANCES ARE NECESSARY NOR ALLOWED ON MARCH 24, 2022. There is no PDF document associated with this entry. (kd) TEXT ONLY ENTRY |
| Filing 76 PROOF OF SERVICE filed by Plaintiff Eugene Oak. The unspecified documents were served on 3/13/2022. (yl) |
| Filing 75 EXHIBIT 13 Filed filed by Plaintiff Eugene Oak #74 . (yl) |
| Filing 74 NOTICE OF ERRATA filed by Plaintiff Eugene Oak. (yl) |
| Filing 70 PROOF OF SERVICE filed by Plaintiff Eugene Oak. The (unspecified document) served on 3/13/2022. (yl) |
| Filing 69 REQUEST FOR TRANSFER DEFENDANT OLD REPUBLIC TITLE (ORT) FROM SANTA ANA COURT TO FEDERAL DISTRICT COURT by Plaintiff Eugene Oak. Motion set for hearing on 3/24/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (lom) |
| Filing 68 PROOF OF SERVICE Executed by Plaintiff Eugene Oak, upon Defendants Michael Battin served on 3/14/2022, answer due 4/4/2022; Bixby Bridge Capital, LLC served on 3/14/2022, answer due 4/4/2022; Bixby Bridge Fund, I, LLC served on 3/14/2022, answer due 4/4/2022; Boylston Street Partners, I, LLC served on 3/14/2022, answer due 4/4/2022; Daniel R. Bromson served on 3/14/2022, answer due 4/4/2022; Bronson and Kahn, LLC served on 3/14/2022, answer due 4/4/2022; David Colburn served on 3/14/2022, answer due 4/4/2022; David Dunham served on 3/14/2022, answer due 4/4/2022; Federal Street Holdings, LLC served on 3/14/2022, answer due 4/4/2022; Harlan D. Kahn served on 3/14/2022, answer due 4/4/2022; Ocwen PHH Mortgage Loan served on 3/14/2022, answer due 4/4/2022; David Rotenberg served on 3/14/2022, answer due 4/4/2022; Michael C. Winter served on 3/14/2022, answer due 4/4/2022. Service of the Summons and Complaint were executed upon Edwin Tape; Matthew McLaughlin in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. See attached document for details. (lom) |
| Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Transfer Case #64 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (yl) |
| Filing 67 SUBPOENA DUCES TECUM (SDT) filed by Plaintiff Eugene Oak. (yl) |
| Filing 65 PROOF OF SERVICE filed by Plaintiff Eugene Oak of unspecified document via email served on 2/15/2022. (yl) |
| Filing 64 MOTION TO TRANSFER DEFENDANT OLD REPUBLIC TITLE (ORT) FROM SANTA ANA COURT TO FEDERAL DISTRICT COURT filed by Plaintiff Eugene Oak. Motion set for hearing on 3/24/2022 before Judge Maame Ewusi-Mensah Frimpong. (yl) |
| Filing 63 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Quash Summons re: Complaint - (Discovery), #1 #28 filed by Defendant Ocwen PHH Mortgage Loan. (Attachments: #1 Exhibit 1- Central District Court Docket, #2 Exhibit 2- Ninth Circuit Court of Appeals Docket, #3 Exhibit 3- Orange County Superior Court Docket)(Johnson, Nicole) |
| Filing 62 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Quash Summons re: Complaint - (Discovery), #1 #28 filed by Defendant Ocwen PHH Mortgage Loan. (Johnson, Nicole) |
| Filing 61 NOTICE OF ERRATA filed by Plaintiff Eugene Oak Re #6 (yl) |
| Filing 60 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS filed by Plaintiff Eugene Oak. (yl) |
| Filing 59 REQUEST FOR WAIVER OF SERVICE OF SUMMONS filed by Plaintiff Eugene Oak. (yl) |
| Filing 58 REQUEST FOR JUDICIAL NOTICE in Support of Defendant's Opposition to Plaintiff's Motion to Quash the Motion to Quash of Ocwen/PHH filed by Defendant Ocwen PHH Mortgage Loan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Johnson, Nicole) |
| Filing 57 OPPOSITION to NOTICE OF MOTION AND MOTION to Quash #30 filed by Defendant Ocwen PHH Mortgage Loan. (Johnson, Nicole) |
| Filing 56 REQUEST FOR GRANT OF PROOF OF SERVICE BY EMAIL, AS FILED & SERVED filed by Plaintiff Eugene Oak. (yl) |
| Filing 52 NOTICE OF DEFICIENCY Re: NOTICE OF MOTION AND MOTION for Clerk to Enter Default against Defendants Bixby Bridge Capital, LLC #40 , REQUEST for Clerk to Enter Default against Defendant Sun Auck Park #48 , REQUEST for Clerk to Enter Default against Defendant Federal Street Holdings, LLC #35 , REQUEST for Clerk to Enter Default against Defendant Boylston Street Partners, I, LLC #42 , REQUEST for Clerk to Enter Default against Defendant Bixby Bridge Fund, I, LLC #41 , REQUEST for Clerk to Enter Default against Defendant Daniel R. Bromson #37 , REQUEST for Clerk to Enter Default against Defendant Bronson and Kahn, LLC #39 , REQUEST for Clerk to Enter Default against Defendant David Rotenberg #36 , REQUEST for Clerk to Enter Default against Defendant Young Suk Park #51 , REQUEST for Clerk to Enter Default against Defendant Michael Battin #46 , REQUEST for Clerk to Enter Default against Defendant Ocwen PHH Mortgage Loan #43 , REQUEST for Clerk to Enter Default against Defendant Harlan D. Kahn #38 , REQUEST for Clerk to Enter Default against Defendant David Dunham #45 , REQUEST for Clerk to Enter Default against Defendant David Colburn #44 , REQUEST for Clerk to Enter Default against Defendant Hee Kwon Jung #49 , REQUEST for Clerk to Enter Default against Defendant Michael C. Winter #34 , REQUEST for Clerk to Enter Default against Defendant Sun Auck Park #47 , and REQUEST for Clerk to Enter Default against Defendant Young Ro Park #50 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The proof of service was executed via email. There are no court orders authorizing service of process via email. (yl) |
| Filing 54 REQUEST FOR ADDITION OF NEW ADDITIONAL DEFENDANT IndyMac (now, CIT Bank) filed by Plaintiff Eugene Oak. (yl) |
| Filing 53 OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS #28 filed by Plaintiff Eugene Oak. (yl) |
| Filing 33 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Quash #30 and NOTICE OF MOTION AND MOTION for Order for To Add IndyMac as additional defendant #31 by Clerk. The document is accepted as filed. The hearings date has been rescheduled to March 24, 2022 at 10:00 a.m. (yl) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Quash #30 and NOTICE OF MOTION AND MOTION for Order To Add IndyMac as an additional defendant #31 . The following error(s) was/were found: The hearing information is missing, incorrect, or not timely. 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. (yl) |
| Filing 55 PROOF OF SERVICE Executed by Plaintiff Eugene Oak, upon all Defendants on 1/24/22 and 1/25/2022 via email. Statute under which service was made is not specified. Original Summons NOT returned. (SEE DOCUMENT #25 FOR FURTHER DETAILS) (yl) |
| Filing 51 NOTICE OF DEFAULT OF YOUNG SUK PARK AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 50 NOTICE OF DEFAULT OF YOUNG RO PARK AND DECLARATION OF PLAINTIFF EUGENE filed by Plaintiff Eugene Oak. (yl) |
| Filing 49 NOTICE OF DEFAULT OF HEE KWON JUNG AND DECLARATION OF PLAINTIFF EUGENE filed by Plaintiff Eugene Oak. (yl) |
| Filing 48 NOTICE OF DEFAULT OF YOUNG AH PARK AND DECLARATION OF PLAINTIFF EUGENE filed by Plaintiff Eugene Oak. (yl) |
| Filing 47 NOTICE OF DEFAULT OF SUN AUCK PARK (aka, SUN OAK) AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 46 NOTICE OF DEFAULT OF MICHAEL BATTIN AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 45 NOTICE OF DEFAULT OF DAVID DUNHAM AND DECLARATION OF PLAINTIFF EUGENE filed by Plaintiff Eugene Oak. (yl) |
| Filing 44 NOTICE OF DEFAULT OF DAVID COLBURN AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 43 NOTICE OF DEFAULT OF OCWEN/PHH AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 42 NOTICE OF DEFAULT OF BOYLSTON STREET PARTNERS, I, LLC, AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 41 NOTICE OF DEFAULT OF BIXBY BRIDGE FUND, I, LLC, AND DECLARATION OF PLAINTIFF EUGENE OAK against Defendant Bixby Bridge Fund, I, LLC filed by Plaintiff Eugene Oak. (yl) |
| Filing 40 NOTICE OF DEFAULT OF BIXBY BRIDGE CAPITAL, LLC, AND DECLARATION OF PLAINTIFF EUGENE OAK against Defendant Bixby Bridge Capital, LLC filed by Plaintiff Eugene Oak. (yl) |
| Filing 39 NOTICE OF DEFAULT OF BRONSON AND KAHN, LLC, AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 38 NOTICE OF DEFAULT OFHARLAN D. KAHN AND DECLARATION OF PLAINTIFF EUGENE filed by Plaintiff Eugene Oak. (yl) |
| Filing 37 NOTICE OFDEFAULT OF DANIEL BRONSON AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 36 NOTICE OF DEFAULT OF DAVID ROTENBERG AND DECLARATION OF PLAINTIFF EUGENE OAK against Defendant David Rotenberg filed by Plaintiff Eugene Oak. (yl) |
| Filing 35 NOTICE OF DEFAULT OF FEDERAL STREET HOLDINGS, LLC, AND DECLARATION OF PLAINTIFF EUGENE OAK filed by Plaintiff Eugene Oak. (yl) |
| Filing 34 NOTICE & REQUEST for Clerk to Enter Default against Defendant Michael C. Winter filed by Plaintiff Eugene Oak. (yl) |
| Filing 31 MOTION To Add IndyMac as additional defendant filed by Plaintiff Eugene Oak. (yl) |
| Filing 30 NOTICE OF MOTION AND MOTION TO QUASH THE MOTION TO QUASH OF OCWEN/PHH filed by Plaintiff Eugene Oak. (yl) |
| Filing 29 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Quash Summons re: Complaint - (Discovery), #1 #28 filed by Defendant Ocwen PHH Mortgage Loan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Johnson, Nicole) |
| Filing 28 NOTICE OF MOTION AND MOTION to Quash Summons re: Complaint - (Discovery), #1 filed by defendant Ocwen PHH Mortgage Loan. Motion set for hearing on 3/24/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attorney Nicole Michelle Johnson added to party Ocwen PHH Mortgage Loan(pty:dft)) (Johnson, Nicole) |
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Filing 27
REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong, Please refer to the attached order for complete details. IT IS SO ORDERED. (kd)
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Filing 26
ORDER OF THE CHIEF JUDGE (#22-009) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge Stanley Blumenfeld, Jr to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-00517-MEMF-PDx. (vp)
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| Filing 25 PROOF OF SERVICE Executed by Plaintiff Eugene Oak. Service of the Summons and Complaint executed by email on 1/24/2022, answer due 2/14/2022, upon Defendants: (1) Michael C. Winter, statute under which service was made is not specified; (2) Federal Street Holdings, LLC by serving Michael C. Winter, in compliance with state statute; (3) David Rotenberg, statute under which service was made is not specified; (4) Daniel Bronson of Bronson & Kahn, LLC (Much Shelist, P.C.), statute under which service was made is not specified; (5) Bronson & Kahn, LLC (Much Shelist, P.C.) by serving Daniel Bronson and Harlan D. Kahn, in compliance with state statute; (6) Harlan Kahn of Bronson & Kahn, LLC (Much Shelist, P.C.), statute under which service was made is not specified; (7) Bixby Bridge Capital, LLC by serving David Rotenberg, in compliance with state statute; (8) Bixby Bridge Fund, I, LLC by serving David Rotenberg and Michael C. Winter, in compliance with state statute; (9) Boylston Street Partners, I, LLC by serving Michael C. Winter, in compliance with state statute; (10) Ocwen/PHH by serving Michael C. Hughes, in compliance with state statute; (11) David Colburn by serving David Rotenberg and Michael C. Winter, in compliance with state statute; (12) David Dunham by serving David Rotenberg and Michael C. Winter, statute under which service was made is not specified; (13) Michael Battin by serving David Rotenberg and Michael C. Winter, statute under which service was made is not specified; (14) Sun Auck Park by serving Young Suk Park and Young Ah Park, statute under which service was made is not specified; (15) Young Ah Park, statute under which service was made is not specified; (16) Young Suk Park, statute under which service was made is not specified; (17) Young Ro Park by serving Young Suk Park and Young Ah Park, statute under which service was made is not specified; (18) Hee Kwon Jung by serving Hee Kwon Jung and Dean Kim, statute under which service was made is not specified. Original Summons NOT returned. (gk) |
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Filing 24
CIVIL STANDING ORDER upon the filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 23 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 22 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 21 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Patricia Donahue. (ghap) |
| Filing 20 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eugene Oak. (ghap) |
| Filing 19 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Hee Kwon Jung. (ghap) |
| Filing 18 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Young Ro Park. (ghap) |
| Filing 17 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Young Suk Park. (ghap) |
| Filing 16 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Young Ah Park. (ghap) |
| Filing 15 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Sun Auck Park. (ghap) |
| Filing 14 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Michael Battin. (ghap) |
| Filing 13 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant David Dunham. (ghap) |
| Filing 12 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant David Colburn. (ghap) |
| Filing 11 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Ocwen PHH Mortgage Loan. (ghap) |
| Filing 10 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Bixby Bridge Fund, I, LLC. (ghap) |
| Filing 9 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Bixby Bridge Fund, I, LLC. (ghap) |
| Filing 8 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Bixby Bridge Capital, LLC. (ghap) |
| Filing 7 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Bronson and Kahn, LLC. (ghap) |
| Filing 6 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Harlan D. Kahn. (ghap) |
| Filing 5 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Daniel R. Bromson. (ghap) |
| Filing 4 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant David Rotenberg. (ghap) |
| Filing 3 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Federal Street Holdings, LLC. (ghap) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Michael C. Winter. (ghap) |
| Filing 1 COMPLAINT against Defendants Bixby Bridge Capital, LLC, Bixby Bridge Fund, I, LLC, Daniel R. Bromson, Bronson and Kahn, LLC, Does, Federal Street Holdings, LLC, Harlan D. Kahn, David Rotenberg, Michael C. Winter.Case assigned to Judge Stanley Blumenfeld, Jr for all further proceedings. Discovery referred to Magistrate Judge Patricia Donahue.(Filing fee $ 402:PAID) Jury Demanded., filed by plaintiff Eugene Oak. (Attachments: #1 CV-71) (ghap) |
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