Alfred McZeal Jr. v. Ocwen Loan Servicing, LLC et al
| Alfred McZeal, Jr |
| Ocwen Loan Servicing, LLC, Ocwen Federal Bank, FSB, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive, LLC, Western Progressive Trustee, LLC and Leticia Arias |
| 2:2022cv08760 |
| December 2, 2022 |
| US District Court for the Central District of California |
| Patricia Donahue |
| John F Walter |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 49 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 filed by Defendants Leticia Arias, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive, LLC. (Paino, Brian) |
| Filing 48 DECLARATION of Sanford Shatz Lead Trial Counsel RE Compliance with Local Rules Governing Electronic Filing filed by Defendants Leticia Arias, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive, LLC. (Shatz, Sanford) |
| Filing 47 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 NOTICE OF ERRATTA filed by Plaintiff Alfred McZeal, Jr. (McZeal, Alfred) |
| Filing 46 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 filed by Plaintiff Alfred McZeal, Jr. (McZeal, Alfred) |
| Filing 45 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 filed by Plaintiff Alfred McZeal, Jr. (McZeal, Alfred) |
| Filing 44 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 filed by Defendants Leticia Arias, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive, LLC. (Attachments: #1 Exhibit 1 - Assignment of Deed of Trust, #2 Exhibit 2 - Assignment of Deed of Trust, #3 Exhibit 3 - Grant Deed, #4 Exhibit 4 - Substitution of Trustee, #5 Exhibit 5 - Notice of Default and Election to Sell Under Deed of Trust, #6 Exhibit 6 - Notice of Trustees Sale (2014), #7 Exhibit 7 - Notice of Trustees Sale (2018), #8 Exhibit 8 - Notice of Trustees Sale (2/2020), #9 Exhibit 9 - Notice of Trustees Sale (4/2021), #10 Exhibit 10 - Notice of Trustees Sale (7/2022), #11 Exhibit 11 - Grant Deed (2021), #12 Exhibit 12 - Security Agreement, #13 Exhibit 13 - Pacer Dkt (2015 Action), #14 Exhibit 14 - Complaint (2015 Action, #15 Exhibit 15 - Dismissal Action (2015 Action), #16 Exhibit 16 - Minute Order (2015 Action), #17 Exhibit 17 - Complaint (2016 Action), #18 Exhibit 18 - Case Dkt (2016 Action), #19 Exhibit 19 - 3rd Amended Complaint (2016 Action), #20 Exhibit 20 - Judgment (2016 Action), #21 Exhibit 21 - Remittitur, #22 Exhibit 22 - Pacer Dkt (Pltff BK), #23 Exhibit 23 - Amended BK Schedules, #24 Exhibit 24 - Adversary Complaint, #25 Exhibit 25 - Pacer Dkt (Adv), #26 Exhibit 26 - Judgment (Adv), #27 Exhibit 27 - Vexatious Litigant Judgment, #28 Exhibit 28 - Cert of Merger, #29 Proof of Service)(Paino, Brian) |
| Filing 43 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 filed by Defendants Leticia Arias, Ocwen Federal Bank, FSB, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive Trustee, LLC, Western Progressive, LLC. (Attachments: #1 Exhibit Joint Statement)(Paino, Brian) |
| Filing 42 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint #41 filed by Defendants Leticia Arias, Ocwen Federal Bank, FSB, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive Trustee, LLC, Western Progressive, LLC. (Attachments: #1 Exhibit Assignment (2007), #2 Exhibit Assignment (2013), #3 Exhibit Quitclaim Deed, #4 Exhibit Substitution of Trustee, #5 Exhibit Notice of Default, #6 Exhibit Notice of Sale (2014), #7 Exhibit Notice of Sale (2018), #8 Exhibit Notice of Sale (2-2020), #9 Exhibit Notice of Sale (4-2021), #10 Exhibit Notice of Sale (7-2022), #11 Exhibit Grant Deed (2021), #12 Exhibit Security Agreement, #13 Exhibit PACER Docket (2015 Action), #14 Exhibit Complaint (2015 Action), #15 Exhibit Dismissal Order (2015 Action), #16 Exhibit Minute Order (2015 Action), #17 Exhibit Complaint (2016 Action), #18 Exhibit Case Docket (2016 Action), #19 Exhibit Third Amended Complaint (2016 Action), #20 Exhibit Exhibit 20 - Judgment (2016 Action), #21 Exhibit Remittitur (G056220), #22 Exhibit PACER Docket (Plaintiff BK), #23 Exhibit Amended BK Schedules, #24 Exhibit Adversary Complaint, #25 Exhibit PACER Docket (Adversary), #26 Exhibit Judgment (Adversary), #27 Exhibit Vexatious Litigant Judgment, #28 Exhibit Certificate of Merger)(Paino, Brian) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant Leticia Arias, Ocwen Federal Bank, FSB, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive Trustee, LLC, Western Progressive, LLC. Motion set for hearing on 2/13/2023 at 01:30 PM before Judge John F. Walter. (Attorney Brian Andrew Paino added to party Leticia Arias(pty:dft), Attorney Brian Andrew Paino added to party Ocwen Federal Bank, FSB(pty:dft), Attorney Brian Andrew Paino added to party Ocwen Loan Servicing, LLC(pty:dft), Attorney Brian Andrew Paino added to party Option One Mortgage Corporation(pty:dft), Attorney Brian Andrew Paino added to party Wells Fargo Bank, National Association(pty:dft), Attorney Brian Andrew Paino added to party Western Progressive Trustee, LLC(pty:dft), Attorney Brian Andrew Paino added to party Western Progressive, LLC(pty:dft)) (Paino, Brian) |
| Filing 40 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant Option One Mortgage Corporation served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail. Original Summons NOT returned. (iv) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Ocwen Loan Servicing, LLC, upon Defendant Ocwen Loan Servicing, LLC served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail.Original Summons NOT returned. (iv) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant Leticia Arias served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail.Original Summons NOT returned. (iv) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant Western Progressive, LLC served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail.Original Summons NOT returned. (iv) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant Wells Fargo Bank, National Association served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail.Original Summons NOT returned. (iv) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant Ocwen Federal Bank, FSB served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail.Original Summons NOT returned. (iv) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant PHH Mortgage Corporation served on 12/13/2022, answer due 1/3/2023. in compliance with California Code of Civil Procedure by substituted service by mail.Original Summons NOT returned. (iv) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff Alfred McZeal, Jr, upon Defendant Western Progressive Trustee, LLC served on 12/28/2022, answer due 1/18/2023. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (iv) |
Filing 32
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Rule 26 Meeting Report due by 2/13/2023. Counsel are hereby notified that a Scheduling Conference has been set for February 27, 2023 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before February 13, 2023. The title page of the Joint Report must state the date and time of the Scheduling Conference. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 31 Text Entry Order: Defendants Motion to Dismiss Plaintiffs Complaint filed on January 6, 2023 (Docket No. #26 ) is STRICKEN for failure to comply with Local Rule 7-3, which requires the conference of counsel to take place at least seven days prior to the filing of the Motion, and paragraph 5(b) of the Court's Standing Order, which requires the Joint Statement to be filed not more than 3 days after the Local Rule 7-3 conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 30 Certificate and Notice of Interested Parties filed by Defendant PHH Mortgage Corporation, (Paino, Brian) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Defendant PHH Mortgage Corporation (Paino, Brian) |
| Filing 28 DECLARATION RE: PRE-FILING CONFERENCE IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant PHH Mortgage Corporation. (Paino, Brian) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant PHH Mortgage Corporation. (Attachments: #1 Exhibit Assignment (2007), #2 Exhibit Assignment (2013), #3 Exhibit Quitclaim Deed, #4 Exhibit Substitution of Trustee, #5 Exhibit Notice of Default, #6 Exhibit Notice of Sale (2014), #7 Exhibit Notice of Sale (2018), #8 Exhibit Notice of Sale (2-2020), #9 Exhibit Notice of Sale (4-2021), #10 Exhibit Notice of Sale (7-2022), #11 Exhibit Grant Deed, #12 Exhibit Security Agreement, #13 Exhibit PACER Docket (2015 Action), #14 Exhibit Complaint (2015 Action)., #15 Exhibit Complaint (2015 Action), #16 Exhibit Minute Order (2015 Action), #17 Exhibit Complaint (2016 Action), #18 Exhibit Case Docket (2016 Action), #19 Exhibit Third Amended Complaint (2016 Action), #20 Exhibit Judgment (2016 Action).pdf, #21 Exhibit Remittitur (G056220), #22 Exhibit PACER Docket (Plaintiff BK), #23 Exhibit Amended BK Schedules.pdf, #24 Exhibit Adversary Complaint, #25 Exhibit PACER Docket (Adversary), #26 Exhibit Judgment (Adversary).pdf, #27 Exhibit Vexatious Litigant Judgment, #28 Exhibit Certificate of Merger.pdf)(Paino, Brian) |
| Filing 26 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Complaint , NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PHH Mortgage Corporation. Motion set for hearing on 2/6/2023 at 01:30 PM before Judge John F. Walter. (Attorney Brian Andrew Paino added to party PHH Mortgage Corporation(pty:dft)) (Paino, Brian) Modified on 1/9/2023 (sr). |
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Filing 25
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #24 , EX PARTE APPLICATION for Temporary Restraining Order as to EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER & MOTION FOR PRELIMINARY INJUNCTION TO ENJOIN OR SET-ASIDE AN ILLEGAL FORECLOSURE SALE BASED ON A FRAUDULENT ASSIGNMENT/DEED OF TRUST AND ME #23 by Judge John F. Walter. The document is stricken. (jgr)
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: EX PARTE APPLICATION for Temporary Restraining Order as to EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER #23 . The following error(s) was/were found: 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. (jgr) |
| Filing 23 *STRICKEN - SEE Dkt. Nos. #24 , #25 * EX PARTE APPLICATION for Temporary Restraining Order as to EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER & MOTION FOR PRELIMINARY INJUNCTION TO ENJOIN OR SET-ASIDE AN ILLEGAL FORECLOSURE SALE BASED ON A FRAUDULENT ASSIGNMENT/DEED OF TRUST AND MEMORANDUM IN SUPPORT filed by Plaintiff Alfred McZeal, Jr. Ex Parte Application set for hearing on 12/26/2022 at 01:30 PM before Judge John F. Walter. (McZeal, Alfred) Modified on 12/27/2022 (jgr). |
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Filing 22
ORDER by Judge John F. Walter: granting #21 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 21 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Alfred McZeal, Jr. (lom) |
| Filing 20 Text Entry Order: The MOTION FOR PRELIMINARY/PERMANENT INJUNCTION TO ENJOIN AN ILLEGAL FORECLOSURE SALE BASED ON A FRAUDULENT ASSIGNMENT #11 is denied without prejudice to refiling before Judge Walter in accordance with the local rules and the Standing Order #18 and Self Representation Order #19 filed today. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
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Filing 19
SELF-REPRESENTATION ORDER by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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Filing 18
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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Filing 17
ORDER RETURNING CASE FOR REASSIGNMENT by Judge James V. Selna. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge James V. Selna to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-08760-JFW(PDx). (dta)
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| Filing 16 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 15 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 14 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Patricia Donahue. (et) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE re MOTION FOR PRELIMINARY/PERMANENT INJUNCTION TO ENJOIN AN ILLEGAL FORECLOSURE SALE BASED ON A FRAUDULENT ASSIGNMENT #11 filed by Plaintiff Alfred McZeal, Jr. (et) |
| Filing 12 DECLARATION of ALFRED MCZEAL, JR. in support MOTION FOR PRELIMINARY/PERMANENT INJUNCTION TO ENJOIN AN ILLEGAL FORECLOSURE SALE BASED ON A FRAUDULENT ASSIGNMENT #11 filed by Plaintiff Alfred McZeal, Jr. (et) |
| Filing 11 MOTION FOR PRELIMINARY/PERMANENT INJUNCTION TO ENJOIN AN ILLEGAL FORECLOSURE SALE BASED ON A FRAUDULENT ASSIGNMENT AND MEMORANDUM IN SUPPORT filed by Plaintiff Alfred McZeal, Jr. (Attachments: #1 Proposed Order) (et) |
| Filing 10 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Alfred McZeal, Jr. (et) |
| Filing 9 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Option One Mortgage Corporation. (et) |
| Filing 8 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Leticia Arias. (et) |
| Filing 7 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Western Progressive Trustee, LLC. (et) |
| Filing 6 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Western Progressive, LLC. (et) |
| Filing 5 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Wells Fargo Bank, National Association. (et) |
| Filing 4 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant PHH Mortgage Corporation. (et) |
| Filing 3 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Ocwen Loan Servicing, LLC. (et) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Ocwen Federal Bank, FSB. (et) |
| Filing 1 COMPLAINT against Defendants Leticia Arias, Ocwen Federal Bank, FSB, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, National Association, Western Progressive Trustee, LLC, Western Progressive, LLC. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Patricia Donahue. (Filing fee $ 402 PAID) Jury Demanded., filed by Plaintiff Alfred McZeal, Jr. (Attachments: #1 Civil Cover Sheet) (et) |
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