Maurice Heffernan et al v. Nationstar Mortgage et al
| Maurice Heffernan and Susan Heffernan |
| Nationstar Mortgage, Quality Loan Service Corporation, McCarthy and Holthus, Specialized Loan Servicing, Nationstar Mortgage a Delaware Limited Liability Company doing business as Mr. Cooper and Does 1-10 inclusive |
| Affinia Default Services |
| 2:2024cv02387 |
| March 22, 2024 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| John F Walter |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 45 TRANSMITTAL of documents to Santa Barbara Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Santa Barbara Superior Court. (iv) |
Filing 44
MINUTE (IN CHAMBERS) ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION AND REMANDING TO SANTA BARBARA SUPERIOR COURT by Judge John F. Walter. This action is hereby REMANDED to Santa Barbara Superior Court. Case Terminated. Made JS-6 (iv)
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| Filing 43 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #42 filed by Defendant Specialized Loan Servicing. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Exhibit "3", #4 Exhibit "4", #5 Exhibit "5")(Norman, Robert) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Specialized Loan Servicing. Motion set for hearing on 6/10/2024 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Norman, Robert) |
| Filing 41 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 filed by Defendant Nationstar Mortgage. (Hicks, Andrea) |
| Filing 40 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Nationstar Mortgage. Motion set for hearing on 6/24/2024 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Hicks, Andrea) |
| Filing 39 JOINT STATEMENT ON THE PARTIES L.R. 7-3 CONFERENCE PURSUANT TO THIS COURT'S STANDING ORDER UNDER PARAGRAPH 5(B) to NOTICE OF MOTION AND MOTION to Dismiss Case #19 , NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof #12 filed by Defendant Specialized Loan Servicing. (Norman, Robert) |
| Filing 38 FIRST AMENDED COMPLAINT against DEFENDANT Nationstar Mortgage, Specialized Loan Servicing amending Complaint - (Discovery),, filed by plaintiff Susan Heffernan, Maurice Heffernan(Rodriguez, Patricia) |
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Filing 36
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 3/28/2025 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 4/4/2025 at 8:00 AM. Jury Trial set for 4/15/2025 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 35
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on April 29, 2024 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: December 9, 2024. (iv)
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Filing 37
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY #27 by Judge John F. Walter. Maurice and Susan Hefferman substitute Patricia Rodriguez as attorney of record. (iv)
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| Filing 34 STATUS REPORT filed by Plaintiffs Maurice Heffernan, Susan Heffernan. (Rodriguez, Patricia) |
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Filing 33
ORDER GRANTING JOINT STIPULATION FOR PLAINTIFFS' LEAVE TO FILE A FIRST AMENDED COMPLAINT AND EXTENSION OF JOINT REPORT #32 by Judge John F. Walter. The Plaintiffs shall file their First Amended Complaint on or before April 22, 2024. The Joint Status Report shall now be filed by April 15, 2024. (iv)
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| Filing 32 Joint STIPULATION for Leave to to file First Amended Complaint and extension for Joint Status Report filed by plaintiff Maurice Heffernan, Susan Heffernan. (Attachments: #1 Proposed Order Proposed Order)(Attorney Patricia Renee Rodriguez added to party Susan Heffernan(pty:pla))(Rodriguez, Patricia) |
| Filing 31 DECLARATION of Patricia Rodriguez re OSC for Sanction and RICO stmt filed by Plaintiffs Maurice Heffernan, Susan Heffernan. (Rodriguez, Patricia) |
| Filing 30 DECLARATION of Andrea M. Hicks re Initial Order upon Filing of Complaint - form only #8 filed by Defendant Nationstar Mortgage. (Hicks, Andrea) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Consent Order #27 . The following error(s) was/were found: Consent Order does not comply with the Courts Scheduling and Case Management Order. Filer must use the most updated form on our Courts website. 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. (iv) |
| Filing 28 DECLARATION of Nabeel M. Zuberi filed by Defendant Affinia Default Services. (Zuberi, Nabeel) |
| Filing 27 Substitution of Attorney filed by Plaintiffs Maurice Heffernan, Susan Heffernan (Rodriguez, Patricia) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Patricia Renee Rodriguez counsel for Plaintiff Maurice Heffernan. Adding Patricia Rodriguez as counsel of record for Maurice Heffernan and Susan Heffernan for the reason indicated in the G-123 Notice. Filed by Plaintiff Maurice Heffernan and Susan Heffernan. (Attorney Patricia Renee Rodriguez added to party Maurice Heffernan(pty:pla))(Rodriguez, Patricia) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Nabeel M Zuberi counsel for Defendant Affinia Default Services. Adding Nabeel M. Zuberi as counsel of record for Affinia Default Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Affinia Default Services, LLC. (Attorney Nabeel M Zuberi added to party Affinia Default Services(pty:dft))(Zuberi, Nabeel) |
| Filing 24 DECLARATION of Robert W. Norman, Jr. filed by Defendant Specialized Loan Servicing. (Norman, Robert) |
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Filing 23
MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED by Judge John F. Walter: Based on the Declaration of Andrea M. Hicks, filed March 29, 2024 (Docket No. 13), and the Declaration of Alexandra Coronado King, filed March 29, 2024 (Docket No. 19), Pro Se Plaintiffs Maurice Heffernan and Susan Heffernan (collectively, "Plaintiffs") failed to cooperate with counsel in scheduling a Local Rule 7-3 meet and confer conference regarding Defendants' Motions to Dismiss as required by the Local Rules and the Court's Standing Order. As a result, the Court orders Plaintiffs to show cause, in writing, on or before April 12, 2024, why Plaintiffs should not be sanctioned in the amount of $1,500 and/or this action dismissed for Plaintiffs' failure to comply with the Local Rules and this Court's Orders. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the issuance of sanctions and/or the dismissal of this action. (bm)
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| Filing 22 Text Entry Order: Defendant Nationstar Mortgage LLC, d/b/a Mr. Coopers Motion to Dismiss Plaintiffs Complaint, filed on March 29, 2024 (Docket No. #12 ), and Defendant Specialized Loan Servicing LLCs Motion to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6), filed on March 29, 2024 (Docket Nos. #17 and #19 ), are STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order, which requires all 7-3 conferences to be conducted in person by lead counsel or pro se parties and the filing of a Joint Statement not more than three days after the 7-3 conference. In addition, it appears that Plaintiffs failed to cooperate in scheduling the Local Rule 7-3 conference. If Defendants wish to re-file the Motions, lead counsel and Plaintiffs shall meet and confer in person or by April 12, 2024. If the parties cannot resolve the issues raised in the Motions, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If Motions remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 21 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof #12 filed by Defendant McCarthy and Holthus. (Attorney Melissa Robbins Coutts added to party McCarthy and Holthus(pty:dft))(Coutts, Melissa) |
| Filing 20 NOTICE OF ERRATA filed by Defendant Specialized Loan Servicing. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #17 (Norman, Robert) |
| Filing 19 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Specialized Loan Servicing. Motion set for hearing on 4/29/2024 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Norman, Robert) Modified on 4/1/2024 (sr). |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendant Specialized Loan Servicing. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Exhibit "3", #4 Exhibit "4", #5 Exhibit "5")(Norman, Robert) |
| Filing 17 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Specialized Loan Servicing. Motion set for hearing on 4/29/2024 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Norman, Robert) Modified on 4/1/2024 (sr). |
| Filing 16 NOTICE of Interested Parties filed by Defendant Nationstar Mortgage, identifying Maurice Hefferman (party) - plaintiff Connection; Susan Hefferman (party) - plaintiff connection; Nationstar Mortgage LLC (party) - defendant connection; Quality Loan Service Corporation (party) - defendant connection; McCarthy & Holthus (party) - defendant connection; Specialized Loan Servicing (party) - defendant connection; Affinia Default Services (party) - defendant connection; Mr. Cooper Group, Inc. (formerly known as WMIH Corp.) (corporate affiliate); Nationstar Sub1 LLC and Nationstar Sub2 LLC (corporate parents); Nationstar Mortgage Holdings, Inc. (corporate affiliate); NSM Holdings (corporate affiliate); Blackrock, Inc. (corporate affiliate); The Vanguard Group, Inc. (corporate affiliate). (Hicks, Andrea) |
| Filing 15 NOTICE OF LODGING filed re (Proposed) Order Granting Nationstar's Motion to Dismiss re NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof #12 (Attachments: #1 Proposed Order)(Hicks, Andrea) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof #12 filed by Defendant Nationstar Mortgage. (Attachments: #1 Exhibit RJN 1-20)(Hicks, Andrea) |
| Filing 13 DECLARATION of Andrea M. Hicks regarding Meet and Confer Efforts in Support of Motion to Dismiss Plaintiff's Complaint NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof #12 filed by Defendant Nationstar Mortgage. (Hicks, Andrea) |
| Filing 12 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof filed by Defendant Nationstar Mortgage. Motion set for hearing on 5/6/2024 at 01:30 PM before Judge John F. Walter. (Attorney Andrea M Hicks added to party Nationstar Mortgage(pty:dft)) (Hicks, Andrea) Modified on 4/1/2024 (sr). |
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Filing 11
MINUTE (IN CHAMBERS) ORDER DIRECTING PLAINTIFF TO FILE "RICO CASE STATEMENT" by Judge John F. Walter. The Court hereby orders Plaintiff to file a "RICO Case Statement" on or before April 12, 2024. (iv)
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Filing 10
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 29, 2024 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 April 12, 2024. (iv)
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Filing 9
SELF-REPRESENTATION ORDER by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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Filing 8
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 7 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Rozella A. Oliver. (sh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Affinia Default Services, Does, McCarthy and Holthus, Nationstar Mortgage, Quality Loan Service Corporation, Specialized Loan Servicing. Jury Demanded., filed by Plaintiffs Susan Heffernan, Maurice Heffernan.[FILED IN STATE COURT 2/20/2024 SUBMITTED AS ATTACHMENT NO. 1 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Specialized Loan Servicing, identifying Specialized Loan Servicing Holdings LLC; Computershare Mortgage Services Inc. (Norman, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Specialized Loan Servicing. (Norman, Robert) |
| Filing 1 NOTICE OF REMOVAL from Santa Barbara County Superior Court, case number 24CV00900 Receipt No: ACACDC-37150815 - Fee: $405, filed by defendant Specialized Loan Servicing. (Attachments: #1 EX 1 - Complaint, #2 EX 2 - Docket) (Attorney Robert W Norman, Jr added to party Specialized Loan Servicing(pty:dft))(Norman, Robert) |
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