Diana Fong et al v. Specialized Loan Servicing, LLC et al
| Diana Fong and Ling Fong |
| Specialized Loan Servicing, LLC, MEB Loan Trust IV, U.S. Bank National Association, not in its individual capacity but solely as trustee, MEB Loan Trust IV, U.S. Bank National Association, All Persons Unknown Claiming and Does 1-10, inclusive |
| 2:2022cv01246 |
| February 23, 2022 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| George H Wu |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on April 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 37 MINUTES OF DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) #9 ; and SCHEDULING CONFERENCE held before Judge George H. Wu: Pro se Plaintiffs Ling Fong and Diana Fong are also present by telephone. The Court's Tentative Ruling was issued on April 15, 2022 #34 . Court confers with the parties. The Tentative Ruling is adopted as the Courts Final Ruling. Defendants' Motion is granted with leave to amend. Plaintiffs will have until May 20, 2022 to file a First Amended Complaint. The scheduling conference is taken off-calendar. A status conference is set for June 2, 2022 at 8:30 a.m. Counsel for Defendants will notify Plaintiffs by no later than May 11, 2022 whether the auction will remain set for May 24, 2022. Court Reporter: Terri A. Hourigan. (bm) |
| Filing 36 REPLY SUPPORT OF OPPOSITION TO MOTION TO DISMISS filed by Plaintiffs Diana Fong, Ling Fong. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Fong, Ling) |
| Filing 35 Notice of Service of Complaint re: NOTICE OF MOTION AND MOTION to Dismiss Case #9 , Minutes of In Chambers Order/Directive - no proceeding held, #34 (Attachments: #1 Exhibit Exhibit "1")(Morris, Darlene) |
Filing 34
MINUTE ORDER IN CHAMBERS - TENTATIVE RULING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) #9 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Defendants' Motion to Dismiss #9 , presently set for April 18, 2022 at 8:30 a.m. (lom)
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| Filing 33 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 04/18/2022 Motion Hearing #9 and scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 38 PLAINTIFF'S REPLY IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT filed by Plaintiffs Diana Fong, Ling Fong (Attachments: #1 Attachment 1 of 2, #2 Attachment 2 of 2)(bm) |
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Filing 32
MINUTES (IN CHAMBERS) ORDER STRIKING PLAINTIFF'S SECOND SETS OF IMPROPERLY FILED REQUEST FOR PRODUCTION OF DOCUMENTS (Dkt. No. 21-22) by Magistrate Judge Pedro V. Castillo: striking #21 REQUEST for Order; striking #22 REQUEST for Order. Accordingly, the Request for Production at Docket Nos. 21 and 22 are hereby STRICKEN, without prejudice to Plaintiff's right pursue discovery after the District opens the case to discovery. [See Order for details.] (et)
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| Filing 31 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: There is currently a scheduling conference set for April 11, 2022, and a hearing on a motion to dismiss #9 set for April 18, 2022. To avoid multiple appearances, the Court moves the April 11 scheduling conference to April 18. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 28 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 04/11/2022 SCHEDULING CONFERENCE at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 30 DECLARATION IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT filed by Plaintiffs Diana Fong, Ling Fong. (Attachments: #1 Exhibit A, #2 Exhibit B)(bm) |
| Filing 29 JOINT REPORT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(f) filed by Plaintiffs Diana Fong, Ling Fong. (bm) |
| Filing 27 NOTICE of Postponed Foreclosure Sale filed by defendants MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1)(Norman, Robert) |
| Filing 25 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. (Norman, Robert) |
| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC.. (Norman, Robert) |
| Filing 23 Opposition in Support of re: EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION for Preliminary Injunction #19 filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1 - Loss Mitt Approval, #2 Exhibit 2 - Loss Mitt Failed to Accept, #3 Exhibit 3 - Request for Re-Evaluation, #4 Exhibit 4 - Loss Mitt Approval, #5 Exhibit 5 - Disengagement Letter)(Norman, Robert) |
| Filing 26 PLAINTIFF'S RESPONSE TO COURT'S REQUEST FOR EVIDENCE REGARDING WHETHER THERE IS ANY IMPENDING FORECLOSURE OR OTHER SALE OF THE PROPERTY filed by Plaintiffs Diana Fong, Ling Fong to MINUTE ORDER IN CHAMBERS - COURT'S RESPONSE TO PLAINTIFFS' EX-PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER PROHIBITING DEFENDANTS FROM SELLING REAL PROPERTY AT FORECLOSURE SALE PENDING TRIAL #20 (bm) |
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Filing 20
MINUTE ORDER IN CHAMBERS - COURT'S RESPONSE TO PLAINTIFFS' EX-PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER PROHIBITING DEFENDANTS FROM SELLING REAL PROPERTY AT FORECLOSURE SALE PENDING TRIAL by Judge George H. Wu: In the Application, Plaintiffs have not provided any information about whether or when Defendants have scheduled an impending foreclosure sale of the Property. Thus, without such evidence of imminency, the Court would not find that the circumstances are sufficiently emergent for the issuance of a temporary restraining order. The Court requests that both parties submit by noon on March 31, 2022, any evidence regarding whether there is any impending foreclosure or other sale of the Property. If such sale is not imminent, then the Court will simply address the issue of a preliminary injunction on April 18, 2022, when the Court is already set to hear arguments on the Defendants' motion to dismiss. (bm)
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| Filing 19 NOTICE OF EX-PARTE APPLICATION AND EX-PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR ORDER TO SHOW CAUSE FOR ISSUANCE OF A PRELIMINARY INJUNCTION PROHIBITING DEFENDANTS FROM SELLING REAL PROPERTY AT FORECLOSURE SALE PENDING TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiffs Diana Fong, Ling Fong. Ex Parte Application set for hearing on 3/31/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (bm) |
| Filing 22 ***STRICKEN PER MINUTE (IN CHAMBERS) ORDER #32 *** PLAINTIFF'S REQUEST FOR PRODUCTION TO MEB LOAN TRUST IV, US BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE filed by plaintiffs Diana Fong, Ling Fong. (bm) Modified on 4/11/2022 (mr). |
| Filing 21 ***STRICKEN PER MINUTE (IN CHAMBERS) ORDER #32 ***PLAINTIFF'S REQUEST FOR PRODUCTION TO SPECIALIZED LOAN SERVICING LLC filed by plaintiffs Diana Fong, Ling Fong. (bm) Modified on 4/11/2022 (mr). |
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Filing 18
MINUTE (IN CHAMBERS) ORDER STRIKING PLAINTIFFS' IMPROPERLY FILED REQUESTS FOR PRODUCTION OF DOCUMENTS by Magistrate Judge Pedro V. Castillo: striking #14 REQUEST; striking #15 REQUEST. The Requests for Production at Docket Nos. 14 and 15 are hereby STRICKEN, without prejudice to Plaintiffs' right to pursue discovery after the District Judge opens the case to discovery. (see document for further details) (hr)
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Filing 17
ORDER by Judge George H. Wu: granting #13 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lom)
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Filing 16
MINUTE ORDER IN CHAMBERS - ORDER by Judge George H. Wu. The Court has received Plaintiffs' Request for Production to MEB Loan Trust IV, US Bank National Association #14 , and Request for Production to Specialized Loan Servicing, LLC #15 . The Court refers the Requests to the Honorable Paul V. Castillo, U.S. Magistrate Judge for his determination. (lom)
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| Filing 15 ***STRICKEN PER MINUTE (IN CHAMBERS) ORDER #18 *** PLAINTIFF'S REQUESTS FOR PRODUCTION TO SPECIALIZED LOAN SERVICING LLC filed by plaintiffs Diana Fong, Ling Fong. Request set for hearing on 4/11/2022 at 08:30 AM before Judge George H. Wu. (bm) Modified on 3/22/2022 (hr). |
| Filing 14 ***STRICKEN PER MINUTE (IN CHAMBERS) ORDER #18 *** PLAINTIFFS' REQUESTS FOR PRODUCTION TO MEB LOAN TRUST IV, US BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE filed by plaintiffs Diana Fong, Ling Fong. Request set for hearing on 4/11/2022 at 8:30 AM before Judge Georg H. Wu. (bm) Modified on 3/21/2022 (bm). Modified on 3/22/2022 (hr). |
| Filing 13 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiffs Diana Fong, Ling Fong. (bm) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiffs Diana Fong, Ling Fong. (bm) |
| Filing 11 PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT filed by Plaintiffs Diana Fong, Ling Fong. (bm) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1 - Deed of Trust for HELOC, #2 Exhibit 2 - 1st Modification, #3 Exhibit 3 - 2nd Modification, #4 Exhibit 4 - Assignment of Deed of Trust, #5 Exhibit 5 - Substitution of Trustee, #6 Exhibit 6 - Notice of Default, #7 Exhibit 7 - Notice of Sale)(Norman, Robert) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. Motion set for hearing on 4/18/2022 at 08:30 AM before Judge George H. Wu. (Norman, Robert) |
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Filing 8
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for April 11, 2022 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than April 4, 2022. See Local Rule 26-1. See minute order for details. (lom)
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Filing 7
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS by Judge George H. Wu. (lom)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Pedro V. Castillo. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants All Persons Unknown Claiming, Does 1-10, inclusive, MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC, filed by Plaintiffs Diana Fong, Ling Fong. Filed in State Court on 1/18/2022 Submitted with Attachment 1 Exhibit 1 to Notice of Removal #1 (car) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, not in its individual capacity but solely as trustee, Specialized Loan Servicing, LLC, identifying Specialized Loan Servicing Holdings LLC, Computershare Mortgage Services Inc., Computershare US Investments LLC., and Computershare Holdings, Inc.. (Norman, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, not in its individual capacity but solely as trustee, Specialized Loan Servicing, LLC. (Norman, Robert) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22PSCV00041 Receipt No: ACACDC-32838099 - Fee: $402, filed by Defendants MEB Loan Trust IV, U.S. Bank National Association, not in its individual capacity but solely as trustee, Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - TRO Documents from State Court) (Attorney Robert W Norman, Jr added to party MEB Loan Trust IV, U.S. Bank National Association, not in its individual capacity but solely as trustee(pty:dft), Attorney Robert W Norman, Jr added to party Specialized Loan Servicing, LLC(pty:dft))(Norman, Robert) |
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