Skyler Wells v. Lakeview Loan Servicing, LLC et al
| Skyler Wells |
| Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company and M&T Bank |
| 2:2023cv04796 |
| June 19, 2023 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jean P Rosenbluth |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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Filing 42
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. The Court has reviewed the parties' Responses (Docket Nos. 39, 40, 41) to this Court's Order to Show Cause dated August 3, 2023 (Docket No. 35). The Court is satisfied that pursuant to 28 U.S.C. 1332 complete diversity of citizenship between the parties exists, and hereby discharges the Order to Show Cause. (aco)
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| Filing 41 RESPONSE filed by Plaintiff Skyler Wellsto Order to Show Cause, #35 RESPONSE OF PLAINTIFF SKYLER WELLS TO AUGUST 3, 2023 MINUTE ORDER (Attachments: #1 Declaration Declaration of Skyler Wells)(Wells, Skyler) |
| Filing 40 RESPONSE filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Companyto Order to Show Cause, #35 (Attachments: #1 Exhibit 1 - Declaration of Matthew Connor re: Manufacturers and Traders Trust Company a/k/a M&T Bank, #2 Exhibit 2 - Declaration of Julio Aldecocea re: Defendant Lakeview Loan Servicing, LLC)(Henderson, Matthew) |
| Filing 39 DECLARATION of Skyler Wells REGARDING CITIZENSHIP OF PARTIES filed by Plaintiff Skyler Wells. (Wells, Skyler) |
| Filing 38 FIRST AMENDED COMPLAINT against Defendants Lakeview Loan Servicing, LLC and Manufacturers and Traders Trust Company Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company amending Complaint - (Discovery), Amended Complaint/Petition, #21 , filed by Plaintiff Skyler Wells Skyler Wells (Attachments: #1 Exhibit Exhibits)(Wells, Skyler) |
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Filing 37
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of April 8, 2024; 2. Setting Motion Cut-off date of April 15, 2024 ; 3. Setting Final Pretrial Conference for May 17, 2024, at 1:30 p.m.; 4. Setting Jury Trial Date of June 18, 2024, at 9:00 a.m. (See document for further details). (aco)
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| Filing 36 MINUTES IN CHAMBERS by Judge Percy Anderson. The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. The scheduling conference currently on calendar for August 7, 2023, at 10:30 a.m. is hereby vacated, and the matter taken off calendar. The Court has entered a Protective Order in this action. This case is referred to the Court's Mediation Panel. Final Pretrial Conference 05/17/24 at 1:30 p.m. Jury Trial 06/18/24 at 9:00 a.m. (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). (aco) |
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Filing 35
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. To assist the Court in determining if it possesses subject matter jurisdiction over this action, the Court orders the parties to file, by no later than August 10, 2023, a declaration under penalty of perjury identifying their state of citizenship, as well as the name and citizenship of their members if applicable. (See document for further details). (aco)
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Filing 34
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than April 22, 2024. (aco)
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Filing 33
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. The Court enters the following protective order: (See document for further details). (aco)
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Filing 31
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, Scheduling Conference currently set for hearing on August 7, 2023 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 32
ORDER GRANTING LEAVE TO PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT by Judge Percy Anderson. IT IS HEREBY ORDERED THAT: 1. Plaintiff shall have leave to file the first amended complaint submitted with the Stipulation. 2. The date by which Plaintiff shall file the first amended complaint shall be seven (7) calendar days from entry of this Order. 3. Upon the filing of the first amended complaint, the motion to dismiss filed by Defendants as docket number 27 will be deemed withdrawn and vacated. RE: STIPULATION for Leave to Plaintiff to File a First Amended Complaint, #30 . (aco)
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| Filing 30 STIPULATION for Leave to Plaintiff to File a First Amended Complaint filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company. (Attachments: #1 First Amended Complaint, #2 Exhibit Exhibits to First Amended Complaint, #3 Proposed Order Granting Leave to Plaintiff to File a First Amended Complaint)(Henderson, Matthew) |
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Filing 29
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The Court has before it the parties' Stipulation for Order Granting Leave to Plaintiff to File First Amended Complaint. (Docket No. 26.) The parties did not attach the proposed amended pleading to the Stipulation, as required by Local Rule 15-1. See Local Rule 15-1 ("Any proposed amended pleading must be filed as an attachment to the related motion or stipulation."). Accordingly, the Stipulation is denied. RE: STIPULATION for Leave to Plaintiff to File a First Amended Complaint, #26 . (aco)
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| Filing 28 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities in Support Thereof #27 filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company. (Attachments: #1 Exhibit Exhibit 1 - DOT, #2 Exhibit Exhibit 2 - ADOT)(Henderson, Matthew) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities in Support Thereof filed by defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company. Motion set for hearing on 8/28/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order [Proposed] Order) (Henderson, Matthew) |
| Filing 26 STIPULATION for Leave to Plaintiff to File a First Amended Complaint filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company. (Attachments: #1 Proposed Order Granting Leave to Plaintiff to File A First Amended Complaint)(Henderson, Matthew) |
| Filing 25 PROOF OF SERVICE filed by Plaintiff Skyler Wells Skyler Wells, re Status Report #24 served on 7/24/2023. (Wells, Skyler) |
| Filing 24 STATUS REPORT filed by Plaintiff Skyler Wells. (Wells, Skyler) |
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Filing 23
MINUTES IN CHAMBERS-ORDER TO SHOW CAUSE by Judge Percy Anderson. On July 21, 2023, Plaintiff filed a First Amended Complaint. (Docket No. 21.) However, Plaintiff did not seek leave from the Court to amend the original Complaint, nor does it appear that Plaintiff obtained consent from Defendants before filing the First Amended Complaint. Accordingly, the Court hereby strikes the First Amended Complaint from the record for failure to comply with Rule 15(a)(2). (See document for further details). (aco)
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| Filing 22 PROOF OF SERVICE filed by Plaintiff Skyler Wells Skyler Wells, re Amended Complaint/Petition, #21 served on 7/21/2023. (Wells, Skyler) |
| Filing 21 [DOCUMENT STRICKEN PER ORDER ON 07/24/2023, SEE DOCKET NO. 23] FIRST AMENDED COMPLAINT against Defendants Lakeview Loan Servicing, LLC and Manufacturers and Traders Trust Company All Defendants amending Complaint - (Discovery),, filed by Plaintiff Skyler Wells Skyler Wells (Attachments: #1 Exhibit Exhibits)(Wells, Skyler) Modified on 7/24/2023 (aco). |
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Filing 20
ORDER by Judge Percy Anderson: granting #18 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. (rolm)
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| Filing 17 NOTICE OF CLERICAL ERROR: Due to clerical error, the document was docketed with an incorrect filed date. The correct filed date is 6/28/2023. Re: APPLICATION for Pro Se Litigant to electronically file documents in a specific case #16 . (aco) |
| Filing 16 [NOTICE OF CLERICAL ERROR ISSUED ON 06/29/2023. SEE DOC NO. 17] APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Skyler Wells. (aco) Modified on 6/29/2023 (aco). |
| Filing 19 PROOF OF SERVICE filed by plaintiff Skyler Wells, re APPLICATION for Pro Se Litigant to electronically file documents in a specific case #18 served on 6/28/2023. (aco) |
| Filing 18 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Skyler Wells. (aco) |
| Filing 15 PROOF OF SERVICE filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company, Proof of Service of Docket Entry Numbers 7 through 14 served on 6/26/2023. (Henderson, Matthew) |
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Filing 14
ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #13 by Judge Percy Anderson. The date by which Defendants will respond to Plaintiff's complaint is extended to July 26, 2023. (rolm)
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| Filing 13 STIPULATION Extending Time to Answer the complaint as to Manufacturers and Traders Trust Company answer now due 7/26/2023; Lakeview Loan Servicing, LLC answer now due 7/26/2023, re Complaint - (Discovery), filed by Defendants Manufacturers and Traders Trust Company; Lakeview Loan Servicing, LLC. (Attachments: #1 Proposed Order on Stipulation to Extend Time to Respond to Initial Complaint by not more than 30 Days (L.R. 8-3))(Henderson, Matthew) |
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Filing 12
SELF-REPRESENTATION ORDER by Judge Percy Anderson. One or more of the parties to this action has elected to appear pro se. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 11
STANDING ORDER by Judge Percy Anderson. 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 Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 10 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for set for August 7, 2023, at 10:30 a.m. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jean P. Rosenbluth. (car) |
| Filing 6 PROOF OF SERVICE filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company, re Proof of Service (subsequent documents), #5 Proof of Service of Docket Entry Number 5 - Certificate of Service of Notice to Adverse Party of Removal to Federal Court served on 6/21/2023. (Henderson, Matthew) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company, of Notice to Adverse Party of Removal to Federal Court served on 6/19/2023. (Attachments: #1 Exhibit A - Notice to State Court of Removal to Federal Court)(Henderson, Matthew) |
| Filing 4 Notice of Interested Parties and Corporate Disclosure (Local Rule 7.1-1) NOTICE of Interested Parties filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company, identifying M&T Bank Corporation and The Vanguard Group, Inc.; Bayview MSR Opportunity Corp. and Bayview MSR Opportunity Master Fund, L.P.. (Henderson, Matthew) |
| CONFORMED COPY OF COMPLAINT against Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company, filed by Plaintiff Skyler Wells. Filed in State Court on 5/18/2023 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Skyler Wells, upon Defendant Manufacturers and Traders Trust Company served on 5/19/2023, answer due 6/9/2023. Service of the Summons and Complaint were executed upon CSC, Lawyers Incorporating Service - Nicole Stauss, Authorized to Accept in compliance with California Code of Civil Procedure by personal service. Filed in State Court on 5/23/2023 Submitted with Attachment 1 Exhibit A Pg. 114 to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Skyler Wells, upon Defendant Lakeview Loan Servicing, LLC served on 5/19/2023, answer due 6/9/2023. Service of the Summons and Complaint were executed upon CSC, Lawyers Incorporating Service - Nicole Stauss, Authorized to Accept in compliance with California Code of Civil Procedure by personal serviceFiled in State Court on 5/23/2023 Submitted with Attachment 1 Exhibit A Pg. 117 to Notice of Removal #1 (car) |
| Filing 3 REQUEST FOR JUDICIAL NOTICE in Support of Notice of Removal of State Action under 28 U.S.C. 1331, 1332 (a) and 1441(a)-(b) filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company. (Attachments: #1 Exhibit 1 - M&T Bank's Statement of Information, #2 Exhibit 2 - Lakeview's Statement of Information, #3 Exhibit 3 - Bayview MSR Opportunity Corp.'s Entity Details)(Henderson, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Lakeview Loan Servicing, LLC, Manufacturers and Traders Trust Company. (Henderson, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 23STCV11250 Receipt No: ACACDC-35514244 - Fee: $402, filed by Defendants Manufacturers and Traders Trust Company, Lakeview Loan Servicing, LLC. (Attachments: #1 Exhibit A - Summons & Complaint) (Attorney Matthew S Henderson added to party Lakeview Loan Servicing, LLC(pty:dft), Attorney Matthew S Henderson added to party Manufacturers and Traders Trust Company(pty:dft))(Henderson, Matthew) |
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