Claudette Marie Leslie et al v. New Century Mortgage Corporation et al
| Claudette Marie Leslie, Rodwell N. Leslie, Brandon Heredia, Justin Westby and Alexis Westby |
| New Century Mortgage Corporation, CitiMortgage, Inc., Federal Home Loan Mortgage Company, Quality Loan Service Corporation, Does 1 through 50, Mohammad Reza Atigehchi and R and M Holding, LLC |
| 2:2022cv06007 |
| August 24, 2022 |
| US District Court for the Central District of California |
| John E McDermott |
| Otis D Wright |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Notice of Removal - Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 75
Receipt of remand by Los Angeles County Superior Court on 3/22/2023. (lc)
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Filing 74
TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court No.19STCV3163. (lc)
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Filing 73
ORDER GRANTING DEFENDANT FREDDIE MACS MOTION TO DISMISS FIFTH AMENDED COMPLAINT AND REMANDING CASE by Judge Otis D. Wright, II. The Court GRANTS the Motion to Dismiss filed by Federal Home Loan Mortgage Company #50 . The Court DISMISSES the Leslie's claims against Freddie Mac WITHOUT LEAVE TO AMEND, and DISMISSES Freddie Mac from this action WITH PREJUDICE. Furthermore, the Court REMANDS this matter to the Superior Court of California, County of Los Angeles, 111 N. Hill St., Los Angeles, CA 90012, Case No. 19STCV31631. All pending motions in this matter are DENIED AS MOOT #37 , #54 , #57 . The trial and all other pending dates and deadlines are VACATED. The Clerk of the Court shall close the case. ( MD JS-6. Case Terminated ) (lc) Modified on 3/15/2023 (lc).
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Filing 72
The hearing on the MOTION to Dismiss Case #57 ; MOTION to Strike Portion of Plaintiffs' Fifth Amended Complaint #54 , scheduled for March 6, 2023 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 71
REQUEST FOR JUDICIAL NOTICE Supporting CitiMortgage Inc.'s Reply in Support of Motion to Dismiss Plaintiffs' Fifth Amended Complaint filed by Defendant CitiMortgage, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Winslow, Natalie)
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Filing 70
REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #57 filed by Defendant CitiMortgage, Inc.. (Winslow, Natalie)
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Filing 69
REQUEST FOR JUDICIAL NOTICE Supporting Citimortgage, Inc.'s Reply in Support of Motion to Strike Portions of Plaintiffs' Fifth Amended Complaint filed by Defendant CitiMortgage, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Winslow, Natalie)
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Filing 68
REPLY in support of motion NOTICE OF MOTION AND MOTION to Strike Portion of Plaintiffs' Fifth Amended Complaint Amended Complaint/Petition, #46 Memorandum of Points and Authorities in Support Thereof #54 filed by Defendant CitiMortgage, Inc.. (Winslow, Natalie)
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Filing 67
MINUTE ORDER(In Chambers): by Judge Otis D. Wright, II. The Court received and reviewed the parties' Stipulation regarding the briefing and hearing schedule for Defendant CitiMortgage's motion to strike and motion to dismiss (Motions). (Stip, ECF No. #66 .) For good cause shown, the Court GRANTS the Stipulation IN PART. The deadlines for CitiMortgage to file its Replies in support of each Motion is hereby CONTINUED to February 27, 2023. (lom)
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Filing 66
STIPULATION for Extension of Time to File Replies in Support of its Motion to Strike Portions of Plaintiffs' Fifth Amended Complaint and its Motion to Dismiss Plaintiffs' Fifth Amended Complaint filed by Defendant CitiMortgage, Inc.. (Attachments: #1 Proposed Order)(Winslow, Natalie)
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Filing 65
The hearing on the MOTION to Dismiss Case #50 , scheduled for February 27, 2023 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 64
REPLY Reply in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #57 Federal Home Loan Mortgage Corporation's Reply in Support of Motion to Dismiss Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Defendant Federal Home Loan Mortgage Company. (Winslow, Natalie)
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Filing 63
OBJECTION to Defendant Citimortgage Request for Judicial Notice Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #57 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Reed, Zshonette)
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Filing 62
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #57 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Reed, Zshonette)
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Filing 61
OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Portion of Plaintiffs' Fifth Amended Complaint Amended Complaint/Petition, #46 Memorandum of Points and Authorities in Support Thereof #54 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Reed, Zshonette)
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Filing 60
Opposition to Freddie Mac's Motion to Dismiss Fifth Amended Complaint Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case to Dismiss Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #50 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Reed, Zshonette)
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Filing 59
JOINDER filed by Defendant Federal Home Loan Mortgage Company joining in NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #57 , NOTICE OF MOTION AND MOTION to Strike Portion of Plaintiffs' Fifth Amended Complaint Amended Complaint/Petition, #46 Memorandum of Points and Authorities in Support Thereof #54 . (Attachments: #1 Proposed Order)(Winslow, Natalie)
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Filing 58
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof #57 filed by Defendant CitiMortgage, Inc.. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Winslow, Natalie)
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Filing 57
NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by defendant CitiMortgage, Inc.. Motion set for hearing on 3/6/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Natalie L. Winslow, #2 Proposed Order) (Winslow, Natalie)
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Filing 56
ORDER GRANTING THIRD STIPULATION FOR EXTENSION OF TIME FOR CITIMORTGAGE INC. TO RESPOND TO PLAINTIFFS' FIFTH AMENDED COMPLAINT TO JANUARY 24, 2023 #55 by Judge Otis D. Wright, II. (lc)
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Filing 55
STIPULATION for Extension of Time to File Response to Fifth Amended Complaint, STIPULATION for Extension of Time to File Answer to 01/24/2023 re Amended Complaint/Petition, #46 filed by Defendant CitiMortgage, Inc., Federal Home Loan Mortgage Company. (Attachments: #1 Proposed Order)(Winslow, Natalie)
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Filing 54
NOTICE OF MOTION AND MOTION to Strike Portion of Plaintiffs' Fifth Amended Complaint Amended Complaint/Petition, #46 Memorandum of Points and Authorities in Support Thereof filed by Defendant CitiMortgage, Inc.. Motion set for hearing on 3/6/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Natalie L. Winslow, #2 Proposed Order) (Winslow, Natalie)
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Filing 53
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On its own motion and in the interest of docket management and judicial efficiency, the Court ADVANCES the hearing on Federal Home Loan Mortgage Companys Motion to Dismiss to February 27, 2023 at 1:30 PM #50 . Briefing deadlines are correspondinglyadvanced. (lc)
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Filing 52
ORDER GRANTING SECOND STIPULATION FOR EXTENSION OF TIME FOR CITIMORTGAGE INC. TO RESPOND TO PLAINTIFFS' FIFTH AMENDED COMPLAINT TO JANUARY 17, 2023 #49 by Judge Otis D. Wright, II. (lc)
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Filing 51
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order CLARIFYING Order Granting Motion to Dismiss; Order DENYING AS MOOT Quality's Motion re: Nonmonetary Status #48 . On January 10, 2023, Defendant Quality Loan Service Corporation filed a Motion for Order Confirming Nonmonetary Status. (Quality Mot., ECF Nos. 48 & 48-1 to 48-4.) The Motion arises in part from Qualitys uncertainty regarding language in the Courts November 18, 2022 Order granting Freddie Macs Motion to Dismiss. Quality is uncertain whether the Courts language compels it to file an answer to the Fifth Amended Complaint or whether it is presently released from this obligation due to its uncertain status.The answer is the latter. Qualitys ex parte application for an order confirmingnonmonetary status has been taken under submission by the Court. While that application is under submission, Quality is released of its obligation to participate in the lawsuit. Should the Court deny Quality's application, the Court will give Quality a fair opportunity to respond to the Fifth Amended Complaint and participate in the lawsuit. For now, Quality's deadline to answeror otherwise respond to the Fifth Amended Complaint is SUSPENDED. This clarification having been provided, nothing remains in Quality's recently filed Motion that is not already addressed in its already-pending Application regarding its nonmonetary status. Thus, Quality's Motion is DENIED AS MOOT. (lc)
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Filing 50
NOTICE OF MOTION AND MOTION to Dismiss Case to Dismiss Plaintiffs' Fifth Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by defendant Federal Home Loan Mortgage Company. Motion set for hearing on 3/20/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Proposed Order) (Winslow, Natalie)
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Filing 49
Second STIPULATION for Extension of Time to File for Extension of Time for CitiMortgage Inc. to Respond to Plaintiffs' Fifth Amended Complaint filed by defendant CitiMortgage, Inc.. (Attachments: #1 Proposed Order)(Winslow, Natalie)
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Filing 48
NOTICE OF MOTION AND MOTION for Order for Confirming NonMonetary Status and for Relief from Court's November 18, 2022 Pursuant to Fed.R.Civ.P Ruled 60 filed by Defendant Quality Loan Service Corporation. Motion set for hearing on 2/13/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER CONFIRMING QUALITY LOAN SERVICE CORPORATION'S NONMONETARY STATUS, #2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT'S MOTION FOR ORDER CONFIRMING QUALITY'S NONMONETARYSTATUS, #3 Proposed Order, #4 Proof of Service) (Stevenson, Richard)
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Filing 47
STIPULATION Extending Time to Answer the complaint as to Federal Home Loan Mortgage Company answer now due 1/11/2023; CitiMortgage, Inc. answer now due 1/11/2023, re Amended Complaint/Petition, #46 filed by Defendants Federal Home Loan Mortgage Company; CitiMortgage, Inc.. (Attachments: #1 Proposed Order)(Winslow, Natalie)
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Filing 46
FIFTH AMENDED COMPLAINT against Defendant CitiMortgage, Inc., Federal Home Loan Mortgage Company, Quality Loan Service Corporation amending Amended Complaint/Petition #14 , filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie(Reed, Zshonette)
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Filing 45
ORDER GRANTING FREDDIE MAC'S MOTION TO DISMISS #16 by Judge Otis D. Wright, II. For the reasons discussed above, Freddie Mac's Motion to Dismiss is GRANTED. (ECF No. 43.) The Leslies' claims against Freddie Mac are DISMISSED WITH LEAVE TO AMEND. The Leslies' Fifth Amended Complaint, if any, is due no later than twenty-one (21) days from the date of this Order. If the Leslies amend, all Defendants' answers or other responses are due no later than twenty-one (21) days from the date the Leslies file their Fifth Amended Complaint. If the Leslies do not amend, then the dismissal of the claims against Freddie Mac shall convert to a dismissal with prejudice, and Freddie Mac shall be dismissed from the action. (lom)
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Filing 44
The hearing on the MOTION First EX PARTE APPLICATION for Order for Confirming Nonmonetary Status #37 , scheduled for November 21, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 43
REPLY filed by Defendant Quality Loan Service Corporation (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(Stevenson, Richard)
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Filing 42
to Quality Loan's Motion to Confirm NonMonetary Status opposition to re: First EX PARTE APPLICATION for Order for Confirming Nonmonetary Status #37 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Reed, Zshonette)
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Filing 41
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: re: Order SETTING Hearing on Ex Parte as Noticed Motion; ORDER to File Proposed Order. The Court received and reviewed the Ex Parte Application for an Order Confirming Nonmonetary Status filed by Defendant Quality Loan Service Corporation. Court will treat the ex parte application as a noticed motion and hereby SETS a hearing on the Application/Motion, to be held on November 21, 2022 at 1:30 p.m. The Local Rules regarding noticed motions, including the deadlines for opposition and reply briefs, apply. Quality is ORDERED to lodge and file a Proposed Order on the Application/Motion by no later than October 31, 2022. Failure to do so may result in the striking or denial of the Application/Motion. Qualitys deadline for answering or otherwise responding to the Fourth Amended Complaint is tolled and suspending pending the resolution of the Application/Motion. (lc)
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Filing 40
NOTICE OF LODGING filed for Proposed Order re First EX PARTE APPLICATION for Order for Confirming Nonmonetary Status #37 (Attachments: #1 Proposed Order)(Stevenson, Richard)
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Filing 39
NOTICE of Offer of Judgment filed by Defendant Quality Loan Service Corporation. (Stevenson, Richard)
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Filing 38
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First EX PARTE APPLICATION for Order for Confirming Nonmonetary Status #37 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. MISSING proposed order whcih should have been submitted as a separate attachment. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as a Separate Attachment thereto. 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. (lc)
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Filing 37
First EX PARTE APPLICATION for Order for Confirming Nonmonetary Status filed by Defendant Quality Loan Service Corporation. (Attachments: #1 Memorandum, #2 Declaration, #3 Proof of Service) (Attorney Richard Lee Stevenson added to party Quality Loan Service Corporation(pty:dft)) (Stevenson, Richard)
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Filing 36
SCHEDULING NOTICE by Magistrate Judge John E. McDermott. This case has been referred to Magistrate Judge McDermott for settlement. IT IS ORDERED that plaintiff(s) and defendant(s) meet and confer and select at least three dates for a settlement conference, thereafter contact Magistrate Judge McDermotts clerk at JEM_Chambers@cacd.uscourts.gov to clear the dates. The dates selected must be soon enough to comply with any deadlines imposed by the District Judge, but not before the parties have engaged in sufficient discussions to make a settlement conference meaningful. In general, the parties should contact the court clerk at least 45 days prior to the date on which they wish to hold the settlement conference. Please note that settlement conferences are conducted on Tuesdays and Thursdays beginning at 10:00 a.m. IT IS SO ORDERED. Re: Order/Referral to ADR (No 1) (Judge) (ADR-12) #35 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY
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Filing 35
ORDER/REFERRAL to ADR Procedure No 1 by Judge Otis D. Wright, II. Case ordered to Magistrate Judge John E. McDermott for Settlement Conference. (lc)
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Filing 34
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Final Pretrial Conference set for 9/25/2023 01:30 PM; Jury Trial set for 10/24/2023 09:00 AM; Motion in Limine set for hearing on 10/16/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 33
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company.. (Winslow, Natalie)
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Filing 32
MINUTE ORDER (In Chambers): Order DISMISSING New Century Mortgage Corporation by Judge Otis D. Wright, II. (Min. Order, ECF No. #24 .) As of today's date, Plaintiffs have not filed a proof of service for New Century, nor have they filed any other materials addressing service of New Century. Accordingly, New Century Mortgage Corporation is DISMISSED from the action pursuant to the Court's September 14, 2022 Minute Order and Federal Rule of Civil Procedure 4(m). (lom) Modified on 10/7/2022 (lom).
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Filing 31
The hearing on the MOTION to Dismiss Case #16 , scheduled for October 17, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 30
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #16 filed by Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company. (Winslow, Natalie)
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Filing 29
PROOF OF SERVICE Executed by Plaintiff Claudette Marie Leslie, Rodwell N. Leslie, upon Defendant Quality Loan Service Corporation served on 9/30/2022, answer due 10/21/2022. Service of the Summons and Complaint were executed upon Bounlet Louvan, Person Authorized to Accept Service of Process on behalf of Quality Loan Service Corporation in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Attachments: #1 Appendix Declaration of Mailing)(Reed, Zshonette)
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Filing 28
DECLARATION of Zshonette Reed in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #16 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Reed, Zshonette)
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Filing 27
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #16 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Reed, Zshonette)
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Filing 26
21 DAY Summons Issued re FOURTH AMENDED COMPLAINT #14 as to Defendant Quality Loan Service Corporation. (lc)
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Filing 25
Request for Clerk to Issue Summons on Amended Complaint/Petition #14 filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. (Reed, Zshonette)
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Filing 24
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING Entry of Default #22 ; NOTICE of Deadline for Service of Fourth Amended Complaint on New Century and Quality. The entry of Qualitys default is DENIED. As for New Century, Plaintiff indicates that New Century defaulted in state court andprovides a February 28, 2020 Minute Order demonstrating that default. (Status Rpt. 2.) However, a similar problem exists with this default: this default was on the original Complaint, not the operative Fourth Amended Complaint, and Plaintiff makes no attempt to show that service of the original Complaint should allow for default to be entered on the Fourth Amended Complaint. Accordingly, this Court will not honor the prior entry of default. The result of the foregoing discussion appears to be that the best way forward is for Plaintiffto properly serve the Fourth Amended Complaint on both Quality and New Century and to file proof of the same. The Court places the parties on NOTICE that it is applying the Federal Rule of Civil Procedure 4(m) service period to this process. The Fourth Amended Complaint was initially filed on July 5, 2022. Adding ninety days yields October 3, 2022. Thus, Plaintiff shall prove service of the Fourth Amended Complaint on Quality and New Century by October 3, 2022, or shall file a declaration explaining why more time is required. Failure to timely comply may result in dismissal of Quality and New Century from the case pursuant to Rule 4(m).(SEE DOCUMENT FOR COURT'S SPECIFIC DISCUSSION AND REASONS AS ENUMERATED HEREIN). (lc)
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Filing 23
NOTICE OF DEFICIENCY Re: The Clerk cannot enter the requested relief as to Quality Loan Service Corporation #22 : No proof of service/waiver of service on file. Proof of Service is lacking required information. Request for Entry of Default has been forwarded to the assigned Judge. A superseding 4th Amended complaint on file, but no proof of service thereof on this defendant. All proofs and supporting documents are proofs served on 9/26/2019. Therefore clerk has referred request to the Judge. (lc)
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Filing 22
Request for Entry of Default filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Zshonette) Modified on 9/13/2022 (lc).
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Filing 21
PROOF OF SERVICE Executed by Plaintiff Claudette Marie Leslie, Rodwell N. Leslie, upon Defendant Service of the Summons and Complaint were executed upon Bounlet Louvan, Person Authorized to Accept Service of Process on behalf of Quality Loan Service Corporation in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Reed, Zshonette)
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Filing 20
RESPONSE filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslieto Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Deadlines,,,,, #19 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Reed, Zshonette)
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:ORDER to File Status Report or Request Default of Defendants New Century Mortgage Corporation and Quality Loan Service Corporation. The operative Fourth Amended Complaint in this matter indicates that New Century Mortgage Corporation and Quality Loan Service Corporation are each Defendants in this action. Yet, after the Court directed the parties to file all operative pleadings #13 , the Court is not in possession of separately filed answers for New Century or Quality. The Court would benefit from additional information regarding the status of New Century and Quality, including whether and when each of these Defendants has been served, whether and when responses are due, and whether and when each has defaulted. The Court therefore ORDERS Plaintiffs to provide this information in a Status Report re:New Century and Quality, to be filed no later than September 19, 2022. No hearing will be held. This Order will be deemed discharged upon receipt of the Status Report. If either of these Defendants is in default, then Plaintiffs are directed to re-file the applicable Proof(s) of Service and to request that the Clerk enter default. This Order will alternatively be deemed discharged upon Plaintiffs taking of these actions. Failure to timely and adequately respond to this Order may result in the dismissal of New Century or Quality. (lc)
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Filing 18
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #16 filed by Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF)(Winslow, Natalie)
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Filing 17
DECLARATION of Natalie L. Winslow in support of NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #16 filed by Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company. (Winslow, Natalie)
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Filing 16
NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof filed by Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company. Motion set for hearing on 10/17/2022 at 01:30 PM before Judge Otis D. Wright II. (Winslow, Natalie)
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Filing 15
ANSWER to Amended Complaint/Petition #14 filed by Defendant CitiMortgage, Inc..(Winslow, Natalie)
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Filing 14
FOURTH AMENDED COMPLAINT against Plaintiffs CitiMortgage, Inc., Federal Home Loan Mortgage Company amending Amended Complaint, (Reed, Zshonette)
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Filing 13
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order GRANTING Stipulation #12 ; NOTICE of Procedural and Other Errors; ORDER to Refile All Operative Pleadings. That said, the Court places the parties on NOTICE of the following procedural violations and other errors committed in connection with the Stipulation: The parties failed to file and electronically submit a separate Proposed Order as required by Central District Local Rules 5-4.4, 7-20, and 52-4.1. Counsel filing the Stipulation failed to include an attestation of counsel for electronic signatures, as required by Central District Local Rule 5-4.3.4(a)(2). The font used for the Stipulation appears to be less than 14-point font, in violation of Central District Local Rule 11-3.1.1. The Stipulation erroneously refers to a nonparty, Shellpoint. The Court expects compliant, error-free documents in this matter and will not hesitate to strike future filings that do not conform to the applicable rules.2. Order to Refile All Operative Pleadings Moreover, all parties are ORDERED to refile their respective operative pleadings (that is,the Fourth Amended Complaint and any currently operative answers or responsive pleadings thereto) as separate docket entries in this case. The parties shall do so by no later than September 7, 2022. Failure to timely comply may result in dismissal of the case or entry of default. (lc)
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Filing 12
STIPULATION for Extension of Time to File Response to Plaintiffs' Fourth Amended Complaint on 09/08/22 filed by Defendant Federal Home Loan Mortgage Company.(Winslow, Natalie)
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Filing 11
NOTICE OF SERVICE filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie, re Order,, Set/Reset Hearing, #9 served on August 26, 2022. (Reed, Zshonette)
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Filing 10
CERTIFICATE of Interested Parties filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie, (Attorney Zshonette Reed added to party Claudette Marie Leslie(pty:pla), Attorney Zshonette Reed added to party Rodwell N. Leslie(pty:pla))(Reed, Zshonette)
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Filing 9
ORDER that the Scheduling Conference is set for October 24, 2022 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc)
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR MSJs. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerks Office 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. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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Filing 7
Corporate Disclosure Statement and CERTIFICATE of Interested Parties filed by Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company, (Winslow, Natalie)
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Filing 6
NOTICE OF DEFICIENCIES in Attorney Case Opening. 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. (sh)
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Filing 5
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh)
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Filing 4
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh)
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Filing 3
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge John E. McDermott. (sh)
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CONFORMED FILED COPY OF REQUEST FOR DISMISSAL filed by Plaintiff Claudette Marie Leslie, Rodwell N. Leslie pursuant to FRCP 41a(1) as to Mohammad Reza Atigehchi, R and M Holding, LLC. [FILED IN STATE COURT 10/26/2020 SUBMITTED AS ATTACHMENT NO. 4 TO THE NOTICE OF REMOVAL #1 ] (sh)
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NON-CONFORMED COPY OF THIRD AMENDED COMPLAINT against Defendants CitiMortgage, Inc., Does, Federal Home Loan Mortgage Company, New Century Mortgage Corporation, Quality Loan Service Corporation amending Second Amended Complaint,, filed by Plaintiffs Claudette Marie Leslie, Rodwell N. Leslie. [STATE COURT FILE DATE NOT INDICATED SUBMITTED AS ATTACHMENT NO. 5 TO THE NOTICE OF REMOVAL #1 ](sh)
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NON-CONFOMRED COPY OF SECOND AMENDED COMPLAINT against Defendants CitiMortgage, Inc., Federal Home Loan Mortgage Company, New Century Mortgage Corporation, Quality Loan Service Corporation., filed by Plaintiff Claudette Marie Leslie, Rodwell N. Leslie[ STATE COURT FILE DATE NOT INDICATED SUBMITTED AS ATTACHMENT NO. 4 TO THE NOTICE OF REMOVAL #1 ](sh)
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CONFORMED FILED COPY OF COMPLAINT against Defendants CitiMortgage, Inc., Does, Federal Home Loan Mortgage Company, New Century Mortgage Corporation, Quality Loan Service Corporation., filed by Plaintiff Justin Westby, Claudette Marie Leslie, Alexis Westby, Brandon Heredia, Rodwell N. Leslie.[FILED IN STATE COURT 09/06/2019 SUBMITTED AS ATTACHMENT NO. 3 EXHIBIT C TO THE NOTICE OF REMOVAL #1 ] (sh)
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NON-CONFORMED COPY OF ANSWER to THIRD Amended Complaint, filed by Defendant CitiMortgage, Inc. [STATE COURT FILE DATE NOT INDICATED SUBMITTED AS ATTACHMENT NO. 5 TO THE NOTICE OF REMOVAL #1 ](sh)
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CONFORMED E-FILED COPY OF FIRST AMENDED COMPLAINT against Defendants CitiMortgage, Inc., Does, Federal Home Loan Mortgage Company, New Century Mortgage Corporation, Quality Loan Service Corporation ; JURY DEMAND, filed by Plaintiff Justin Westby, Claudette Marie Leslie, Alexis Westby, Brandon Heredia, Rodwell N. Leslie. [FILED IN STATE COURT 02/06/2020 SUBMITTED AS ATTACHMENT NO. 3 EXHIBIT B TO THE NOTICE OF REMOVAL #1 ](sh)
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CONFORMED E-FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Claudette Marie Leslie, upon Defendant New Century Mortgage Corporation served on 11/5/2019. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned.[FILED IN STATE COURT 11/20/2019 SUBMITTED AS ATTACHMENT NO. 2 EXHIBIT TO THE NOTICE OF REMOVAL #1 ] (sh)
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CONFORMED E-FILED COPY OF ANSWER to FOURTH Amended Complaint, filed by Defendant CitiMortgage, Inc.[FILED IN STATE COURT 08/19/2022 SUBMITTED AS ATTACHMENT NO. 8 TO THE NOTICE OF REMOVAL #1 ](sh)
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CONFORMED E-FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Claudette Marie Leslie, upon Defendant CitiMortgage, Inc. served on 9/16/2019. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned.[FILED IN STATE COURT 10/22/2019 SUBMITTED AS ATTACHMENT NO. 2 TO THE NOTICE OF REMOVAL #1 ] (sh)
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CONFORMED FILED COPY OF FOURTH AMENDED COMPLAINT against Defendants CitiMortgage, Inc., Does, Federal Home Loan Mortgage Company, New Century Mortgage Corporation, Quality Loan Service Corporation, filed by Plaintiff Claudette Marie Leslie, Rodwell N. Leslie. [FILED IN STATE COURT 07/05/2022 SUBMITTED AS ATTACHMENT NO. 8 EXHIBIT 3 TO THE NOTICE OF REMOVAL #1 ](sh)
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CONFORMED E-FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Claudette Marie Leslie, upon Defendant Quality Loan Service Corporation served on 9/26/2019. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. [FILED IN STATE COURT 10/22/2019 SUBMITTED AS ATTACHMENT NO. 2 TO THE NOTICE OF REMOVAL #1 ] (sh)
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Filing 2
CIVIL COVER SHEET filed by Movants CitiMortgage, Inc., Federal Home Loan Mortgage Company. (Winslow, Natalie)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 19STCV31631 Receipt No: ACACDC-33868656 - Fee: $402, filed by Defendants Federal Home Loan Mortgage Company, CitiMortgage, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Part 1 of 7, #3 Exhibit 2 - Part 2 of 7, #4 Exhibit 2 - Part 3 of 7, #5 Exhibit 2 - Part 4 of 7, #6 Exhibit 2 - Part 5 of 7, #7 Exhibit 2 - Part 6 of 7, #8 Exhibit 2 - Part 7 of 7, #9 Exhibit 3) (Attorney Natalie L Winslow added to party CitiMortgage, Inc.(pty:bkmov), Attorney Natalie L Winslow added to party Federal Home Loan Mortgage Company(pty:bkmov))(Winslow, Natalie)
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