Arturo Ramos v. DLI Properties, LLC et al
| Arturo Ramos |
| DLI Properties, LLC, Recontrust Company Inc, Americas Wholesale Lender, Mortgage Electronic Registration System Inc, Quality Loan Services Corp., Countrywide Home Loans Inc, The Bank of New York Mellon, CTC Real Estate Services, Bank of America NA, Residential Credit Solutions, Inc., Quality Loan Service Corporation, Nussbaum, APC, Does 1 through 10, inclusive, All Persons and CWMBS Inc |
| 5:2016cv01257 |
| June 14, 2016 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Kenly Kiya Kato |
| Racketeer/Corrupt Organization |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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Filing 66
MINUTE ORDER (1) DISMISSING Plaintiffs First Amended Complaint #59 and (4) VACATING the hearing on May 15, 2017 (IN CHAMBERS) by Judge Jesus G. Bernal: In light of Plaintiffs failure to oppose the present Motions to Dismiss, and the fact that Plaintiff has previously delayed this matter through his failure to timely prosecute,2 the Court, on its own motion DISMISSES the FAC for failure to prosecute. Link v. Wabash R. Co., 370 U.S. 626 (1962) (stating courts have an inherent power to dismiss for lack of prosecution on its own motion). The clerk is directed to close this case. IT IS SO ORDERED. Case Terminated. Made JS-6. (ad)
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| Filing 65 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Court hereby continues the hearing on the Defendants DLI Properties and Nussbaum's MOTION to Dismiss [Doc. No.62] to 5/15/2017 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 64 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Arturo Ramos' First Amended Complaint, Pursuant to Federal Rule of Civil Procedure 12(b)(6) #60 filed by Defendant Quality Loan Services Corp.. (Attachments: #1 Proof of Service)(Harris, Seth) |
| Filing 63 DECLARATION of Sandra L. Stevens in Support of Defendant DLI Properties, LLc's Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities and Declaration of Sandra L. Stevens in Support Thereof #62 filed by Defendants DLI Properties, LLC, Nussbaum, APC. (Nussbaum, Lane) |
| Filing 62 NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities and Declaration of Sandra L. Stevens in Support Thereof filed by Defendants DLI Properties, LLC, Nussbaum, APC. Motion set for hearing on 5/8/2017 at 09:00 AM before Judge Jesus G. Bernal. (Nussbaum, Lane) |
| Filing 61 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Arturo Ramos' First Amended Complaint, Pursuant to Federal Rule of Civil Procedure 12(b)(6) #60 filed by Defendants Mortgage Electronic Registration System Inc, Residential Credit Solutions, Inc., The Bank of New York Mellon. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4)(Boock, Todd) |
| Filing 60 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Arturo Ramos' First Amended Complaint, Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendants Mortgage Electronic Registration System Inc, Residential Credit Solutions, Inc., The Bank of New York Mellon. Motion set for hearing on 5/15/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum, #2 Declaration Todd A. Boock, #3 Proposed Order) (Attorney Todd A Boock added to party Mortgage Electronic Registration System Inc(pty:dft), Attorney Todd A Boock added to party The Bank of New York Mellon(pty:dft)) (Boock, Todd) |
| Filing 59 FIRST AMENDED COMPLAINT against defendants All Persons, DLI Properties, LLC, Does, Nussbaum, APC, Residential Credit Solutions, Inc., Quality Loan Service Corporation, The Bank of New York Mellon, CWMBS Inc, Americas Wholesale Lender, Countrywide Home Loans Inc, CTC Real Estate Services, Mortgage Electronic Registration System Inc, Bank of America NA, Recontrust Company Inc amending Complaint - (Discovery), #1 , filed by plaintiff Arturo Ramos. (Attachments: #1 Part 2)(iva) |
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Filing 58
MINUTE ORDER(1) GRANTING Plaintiffs Motion for Leave to File First Amended Complaint (Dkt. No. #29 ); (2) FILING Plaintiffs First Amended Complaint as Lodged with the Court; (3) DENYING Plaintiffs Request for Notice of Lis Pendens (Dkt. No. #32 ); (4) DENYING Defendant Residential Credit Solutions, Inc.s Renewed Motion to Dismiss (Dkt. No. #26 ); and (4) VACATING the hearing on March 20, 2017 (IN CHAMBERS) by Judge Jesus G. Bernal. (See document for further details.) (iva)
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| Filing 57 REQUEST FOR JUDICIAL NOTICE re #56 in Support of Defendant Residential Credit Solutions, Inc.'s Supplemental Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for Leave to File First Amended Complaint filed by Defendant Residential Credit Solutions, Inc.. (Boock, Todd) |
| Filing 56 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to to File First Amended Complaint; Memorandum of Points and Authorities #29 (SUPPLEMENTAL) filed by Defendant Residential Credit Solutions, Inc.. (Boock, Todd) |
| Filing 55 REQUEST FOR JUDICIAL NOTICE [Filed in Support of Defendants' Supplemental Opposition to Motion for Leave to File First Amended Complaint] filed by Defendants DLI Properties, LLC, Nussbaum, APC. (Attachments: #1 Exhibit 1)(Nussbaum, Lane) |
| Filing 54 SUPPLEMENT Defendant's Supplemental Opposition to Motion for Leave to File First Amended Complaint #29 ; Memorandum of Points and Authorities in Support Thereof filed by Defendants DLI Properties, LLC, Nussbaum, APC. (Nussbaum, Lane) Modified on 3/6/2017 (iva). |
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Filing 53
MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: (1) VACATING the March 6, 2017 Hearing; (2) MODIYING the Courts January 24, 2017 Order #52 ; and (3) ORDERING Defendants to file supplemental briefing in support of their Oppositions to Plaintiffs Motion for leave to file an amended complaint #29 : The Court subsequently determined that the proposed amended complaint had been lodged by Plaintiff, which thereby moots the Courts January 24, 2017 Order. The Court attaches a copy of Plaintiffs proposed amended complaint to this Order. Defendants shall file supplemental oppositions to Plaintiffs Motion for leave to amend his Complaint by March 3, 2017. Plaintiffs Motion for leave to amend shall be heard on March 20, 2017. (Dkt. No. 29.) Residential Credit Solutions Incs motion to dismiss #26 shall be heard, if necessary, on the same day. IT IS SO ORDERED.re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #52 , NOTICE OF MOTION AND MOTION to to File First Amended Complaint; Memorandum of Points and Authorities #29 , Renewed NOTICE OF MOTION AND MOTION to Dismiss Case #26 ., The hearings re Motion or Report and Recommendation deadlines originally scheduled have been rescheduled( Motion set for hearing on 3/20/2017 at 09:00 AM before Judge Jesus G. Bernal.) (Attachments: #1 Part 2) (ad)
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Filing 52
MINUTE Order to Properly Lodge a Proposed Amended Complaint for Purposes of Ruling on Plaintiff's Motion for Leave to Amend (Dkt. No. #29 ) (IN CHAMBERS) by Judge Jesus G. Bernal. The Court ORDERS Plaintiff to lodge with the Court a copy of his proposed First Amended Complaint no later than February 3, 2017. Defendants, DLI Properties, LLC, Nussbaum, APC, Residential Credit Solutions, Inc., and Quality Loan Services Corp., shall file supplemental oppositions to Plaintiff's Motion no later than February 10, 2017. Defendants' motions to dismiss are taken under submission, and shall be heard, if necessary, on March 6, 2017, at 9:00 a.m. (See document for further details.) (iva)
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| Filing 51 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Court finds Defendants Renewed Motion to Dismiss (Doc. No. 26) and Plaintiffs Motion for Leave to Amend (Doc. No. 29) are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the court vacates the hearing set on 11/28/2016. The motions stand submitted on the papers timely filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 50 CERTIFICATE OF SERVICE filed by plaintiff Arturo Ramos, re Opposition #43 served on 11/14/16. (iva) |
| Filing 49 CERTIFICATE OF SERVICE filed by plaintiff Arturo Ramos, re Objection #46 and Reply #40 served on 11/14/16. (iva) |
| Filing 48 CERTIFICATE OF SERVICE filed by plaintiff Arturo Ramos, re Objection #45 and Reply #41 served on 11/14/16. (iva) |
| Filing 47 CERTIFICATE OF SERVICE filed by plaintiff Arturo Ramos, re Objection #44 and Reply #42 served on 11/14/16. (iva) |
| Filing 46 OBJECTION to Defendants DLI Properties, LLC and Nussbaum, APC's Opposition to Plaintiff's MOTION for Leave to File First Amended Complaint #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 45 OBJECTION to Defendant Quality Loan Service Corp.'s Opposition to Plaintiff's MOTION for Leave to File First Amended Complaint #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 44 OBJECTION to Defendant Residential Credit Solutions, Inc.'s Opposition to Plaintiff's MOTION for Leave to File First Amended Complaint #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 43 OPPOSITION to Defendant Residential Credit Solutions, Inc.'s Renewed MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), Memorandum of Points and Authorities, #26 , filed by Plaintiff Arturo Ramos. (iva) |
| Filing 42 REPLY to Defendant Residential Credit Solutions, Inc.'s Opposition to Plaintiff's MOTION for Leave to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 41 REPLY to Defendant Quality Loan Service Corp. Opposition to Plaintiff's MOTION for Leave to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 40 REPLY to Defendant DLI Properties, LLC and Nassbaum, APC, Opposition to Plaintiff's Motion for Leave to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 39 SCHEDULING NOTICE by Judge Jesus G. Bernal: The MOTION to to File First Amended Complaint #29 , and Renewed MOTION to Dismiss #26 are hereby continued to 11/28/2016 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 38 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Defendant Residential Credit Solutions, Inc.. (Attachments: #1 Declaration of Todd A. Boock, #2 Declaration of Shawnda M. Grady, #3 Proposed Order)(Boock, Todd) |
| Filing 37 OPPOSITION TO LEAVE TO FILE FIRST AMENDED COMPLAINT Opposition re: NOTICE OF MOTION AND MOTION to to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Defendants DLI Properties, LLC, Nussbaum, APC. (Nussbaum, Lane) |
| Filing 36 Opposition Opposition re: NOTICE OF MOTION AND MOTION to to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Defendant Quality Loan Services Corp.. (Attachments: #1 Proof of Service)(Harris, Seth) |
| Filing 35 PROOF OF SERVICE filed by plaintiff Arturo Ramos, re Notice of Change of Address #34 served on 9/21/16. (iva) |
| Filing 34 NOTICE of Change of Address changing pro se address to 3659 Roselle Place, Riverside, CA 92509. Filed by Plaintiff Arturo Ramos. (iva) |
| Filing 33 SCHEDULING NOTICE by Judge Jesus G. Bernal. Defendant Residential Credit Solutions, Inc.'s Renewed Motion to Dismiss (Doc. No. 26), presently scheduled for September 26, 2016, is hereby continued to October 31, 2016, at 9:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wro) TEXT ONLY ENTRY |
| Filing 32 REQUEST for Notice of Lis Pendens (Lodged Proposed Order) filed by plaintiff Arturo Ramos. (iva) |
| Filing 31 CERTIFICATE OF SERVICE filed by plaintiff Arturo Ramos, re Declaration (Motion related) #30 , NOTICE OF MOTION AND MOTION for Leave to File First Amended Complaint; Memorandum of Points and Authorities #29 served on September 7, 2016. (iva) |
| Filing 30 DECLARATION In Support of NOTICE OF MOTION AND MOTION for Leave to File First Amended Complaint; Memorandum of Points and Authorities #29 filed by Plaintiff Arturo Ramos. (iva) |
| Filing 29 NOTICE OF MOTION AND MOTION for Leave to File First Amended Complaint; Memorandum of Points and Authorities filed by plaintiff Arturo Ramos. Motion set for hearing on 10/31/2016 at 09:00 AM before Judge Jesus G. Bernal. (iva) Modified on 9/9/2016 (iva). |
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Filing 28
MINUTE Order GRANTING Defendant Quality Loan Service Corp.'s Motion to Dismiss WITHOUT PREJUDICE (IN CHAMBERS) by Judge Jesus G. Bernal re: #24 MOTION to Dismiss Case. (See document for details.) (iva)
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| Filing 27 REQUEST FOR JUDICIAL NOTICE re Renewed NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Residential Credit Solutions, Inc.. (Boock, Todd) |
| Filing 26 Renewed NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Residential Credit Solutions, Inc.. Motion set for hearing on 9/26/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum, #2 Declaration of Todd A. Boock, #3 Proposed Order) (Boock, Todd) |
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Filing 25
MINUTE Order STRIKING Defendant Residential Credit Solutions, Inc.'s Motion to Dismiss (IN CHAMBERS) by Judge Jesus G. Bernal re: #22 MOTION to Dismiss Case. Accordingly, the Motion is STRICKEN, and the September 26, 2016 hearing is VACATED. If Defendant elects to file a renewed motion, it must fully comply with Local Rule 7-3, as well as all other Central District Local Rules. (See document for specifics.) (iva)
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| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Quality Loan Services Corp.. Motion set for hearing on 9/12/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Points and Authorities in Support of Motion to Dismiss, #2 Request for Judicial Notice, #3 Proposed Order Granting Motion to Dismiss, #4 Proof of Service) (Harris, Seth) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Federal Rule of Civil Procedure 12(b)(6) #22 filed by Defendant Residential Credit Solutions, Inc.. (Boock, Todd) |
| Filing 22 [DOCUMENT ORDERED STRICKEN PER DOCUMENT NO. 25] NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendant Residential Credit Solutions, Inc.. Motion set for hearing on 9/26/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum, #2 Proposed Order) (Boock, Todd) Modified on 8/10/2016 (iva). |
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Filing 21
MINUTE Order GRANTING Defendants DLI Properties, LLC and Nussbaum, APC's Motion to Dismiss WITHOUT PREJUDICE (IN CHAMBERS) by Judge Jesus G. Bernal re: #11 MOTION to Dismiss. For the reasons set forth below, the Court GRANTS the Motion and DISMISSES Plaintiff's claims against DLI Properties, LLC and Nussbaum, APC WITHOUT PREJUDICE. The August 8, 2016 hearing is VACATED. (See document for specifics.) (iva)
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Filing 20
ORDER GRANTING DEFENDANT RESIDENTIAL CREDIT SOLUTIONS, INC.'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT by Judge Jesus G. Bernal re: #19 EX PARTE APPLICATION for Extension of Time to Answer. Residential Credit Solutions, Inc. answer due 8/1/2016. (iva)
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| Filing 19 EX PARTE APPLICATION to Extend Time to File Answer to 8/1/2016 re Complaint - (Discovery), #1 filed by defendant Residential Credit Solutions, Inc.. (Attachments: #1 Memorandum, #2 Declaration of Todd A. Boock, #3 Proposed Order) (Boock, Todd) |
| Filing 18 Certification and Notice of Interested Parties filed by Defendant Residential Credit Solutions, Inc., (Boock, Todd) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Todd A Boock counsel for Defendant Residential Credit Solutions, Inc.. Adding Todd A. Boock as counsel of record for Residential Credit Solutions, Inc. for the reason indicated in the G-123 Notice. Filed by defendant Residential Credit Solutions, Inc.. (Attorney Todd A Boock added to party Residential Credit Solutions, Inc.(pty:dft))(Boock, Todd) |
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Filing 16
MINUTE Order STRIKING Defendant Quality Loan Services Corp.'s Motion to Dismiss (IN CHAMBERS) by Judge Jesus G. Bernal re: #15 MOTION to Dismiss Case. Accordingly, the Motion is STRICKEN, and the August 22, 2016 hearing set for the Motion is VACATED. If Defendant elects to file a renewed motion, it must fully comply with Local Rule 7-3, as well as all other Central District Local Rules. (See document for specifics.) (iva)
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| Filing 15 [DOCUMENT ORDERED STRICKEN PER DOCUMENT NO. 16] NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Quality Loan Services Corp.. Motion set for hearing on 8/22/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order, #4 Proof of Service) (Harris, Seth) Modified on 7/25/2016 (iva). |
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Filing 14
MINUTE Order STRIKING Defendant Quality Loan Services Corp.'s Motion toDismiss (IN CHAMBERS) by Judge Jesus G. Bernal re: #13 MOTION to Dismiss Case. Accordingly, the Motion is STRICKEN, and the August 15, 2016 hearing is VACATED. If Defendant elects to file a renewed motion, it must fully comply with Local Rule 7-3, as well as all other Central District Local Rules. (See document for specifics.) (iva)
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| Filing 13 [DOCUMENT ORDERED STRICKEN PER DOCUMENT NO. 14] NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Quality Loan Services Corp.. Motion set for hearing on 8/15/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Points and Authorities in Support of Motion to Dismiss Complaint, #2 Request for Judicial Notice in Support of Motion to Dismiss Complaint, #3 Proposed Order Granting Motion to Dismiss, #4 Proof of Service) (Harris, Seth) Modified on 7/20/2016 (iva). |
| Filing 12 NOTICE of Interested Parties filed by Defendant Quality Loan Services Corp., (Attachments: #1 Proof of Service)(Attorney Seth M Harris added to party Quality Loan Services Corp.(pty:dft))(Harris, Seth) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant DLI Properties, LLC, Nussbaum, APC. Motion set for hearing on 8/8/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Appendix Request for Judicial Notice in Support of Motion to Dismiss) (Attorney Lane M Nussbaum added to party DLI Properties, LLC(pty:dft), Attorney Lane M Nussbaum added to party Nussbaum, APC(pty:dft)) (Nussbaum, Lane) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Arturo Ramos served upon Defendant Quality Loan Services Corp. on 6/20/2016, answer due 7/11/2016. Service of the Summons and Complaint were executed upon Lewam K. in compliance with statute not specified by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy by certified mail. Copy of Summons returned. (iva) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Arturo Ramos served upon Defendant Nussbaum, APC on 6/22/2016, answer due 7/13/2016. Service of the Summons and Complaint were executed upon not specified in compliance with statute not specified by substituted service by certified mail. Copy of Summons returned. (iva) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Arturo Ramos served upon Defendant Residential Credit Solutions, Inc. on 6/22/2016, answer due 7/13/2016. Service of the Summons and Complaint were executed upon not specified in compliance with statute not specified by substituted service on a domestic corporation, unincorporated association, or public entity and by mailing a certified copy. Copy of Summons returned. (iva) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Arturo Ramos served upon Defendant DLI Properties, LLC on 6/22/2016, answer due 7/13/2016. Service of the Summons and Complaint were executed upon not specified in compliance with statute not specified by substituted service by certified mail and by also mailing a copy. Copy of Summons returned. (iva) |
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Filing 6
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (esa) |
| Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiff Arturo Ramos. (esa) |
| Filing 2 21 DAY Summons issued re Complaint #1 as to defendants DLI Properties, LLC, Nussbaum, APC, Quality Loan Services Corp., Residential Credit Solutions, Inc. (esa) |
| Filing 1 COMPLAINT against defendants All Persons, DLI Properties, LLC, Does 1 through 10, inclusive, Nussbaum, APC, Quality Loan Services Corp., Residential Credit Solutions, Inc..Case assigned to Judge Jesus G. Bernal for all further proceedings. Discovery referred to Magistrate Judge Kenly Kiya Kato, (Filing fee $ 400 paid), Jury Demand, filed by Plaintiff Arturo Ramos. (Attachments: #1 part 2, #2 CV-71) (esa) |
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