Priority Restoration, Inc. v. Mauricio Nieto, et al
| PRIORITY RESTORATION, INC., DBA PAUL DAVIS EMERGENCY SERVICES OF EAST ANAHEIM, Priority Restoration, Inc. and Priority Restoration, Inc. doing business as Paul Davis Emergency Services of East Anaheim |
| THE WOLF FIRM, A LAW CORPORATION, MAURICIO NIETO, AMERICAN SECURITY INSURANCE COMPANY, PNC BANK NATIONAL ASSOCIATION, A CORPORATION, DOES 1 TO 5,, SELECT PORTFOLIO SERVICING, INC., STANDING STONE REAL ESTATE, INC., NELSON ALVARADO, Does 1 to 5, The Wolf Firm and PNC Bank National Association |
| 5:2018cv01722 |
| August 16, 2018 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Sheri Pym |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.
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| Filing 25 Receipt of Copy of Remand Transmittal Letter from Superior Court of San Bernardino, Case No. CIVDS1806373, acknowledged on 9/27/2018. (iv) |
| Filing 24 TRANSMITTAL of documents to Superior Court of San Bernardino. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Superior Court of San Bernardino. (iv) |
Filing 23
ORDER RE STIPULATION FOR REMAND #22 by Judge Michael W. Fitzgerald. The above captioned matter is hereby ordered remanded to the Superior Court of San Bernardino, California, Case No. CIVDS1806373. Case Terminated. Made JS-6 (iv)
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| Filing 22 STIPULATION to Remand Case to State Court Priority Restoration, Inc..(Sayer, Michael) |
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Filing 21
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS SELECT PORTFOLIO SERVICING, INC. AND PNC, N.A.'S MOTION TO DISMISS FIRST AMENDED COMPLAINT #14 AND DEFENDANT AMERICAN SECURITY INSURANCE COMPANYS MOTION TO DISMISS FIRST AMENDED COMPLAINT #19 , AND ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED OR DISMISSED WITHOUT PREJUDICE by Judge Michael W. Fitzgerald: The Court, with reluctance, will accept the Second Amended Complaint and issues an Order to Show Cause based on an apparent lack of jurisdiction. In light of Plaintiffs operative SAC, Defendants SPS and PNC Bank, N.A.'s Motion to Dismiss FAC (Docket No. 14) and Defendant American Security InsuranceCompany Motion to Dismiss FAC (Docket No. 19) are DENIED as moot. Accordingly, Defendants are ORDERED to show cause, in writing, on or before September 21, 2018, why this action should not either be remanded to the San Bernardino Superior Court or dismissed without prejudice.The hearings on those motions, scheduled for September 24 and October 15, 2018, and the scheduling conference for October 1, 2018, are all VACATED and removed from theCourts calendar. denying #14 MOTION to Dismiss Case ; denying #19 MOTION to Dismiss (yl)
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| Filing 20 DECLARATION of Edward J. Valdespino in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #19 filed by Defendant American Security Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Valdespino, Edward) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant American Security Insurance Company. Motion set for hearing on 10/15/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Edward J Valdespino added to party American Security Insurance Company(pty:dft)) (Valdespino, Edward) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second Amended Complaint #16 . The following error(s) was/were found: Leave of court required for filing. 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 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #16 Priority Restoration, Inc.. (Sayer, Michael) |
| Filing 16 Second Amended Complaint AMENDED COMPLAINT against Defendants Nelson Alvarado, American Security Insurance Company, Does, Mauricio Nieto, PNC Bank National Association, Select Portfolio Servicing, Inc., Standing Stone Real Estate, Inc. amending Amended Complaint, (Sayer, Michael) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE in support of Motion to Dismiss First Amended Complaint filed by Defendants PNC Bank National Association, Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chua, Allison) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendants PNC Bank National Association, Select Portfolio Servicing, Inc.. Motion set for hearing on 9/24/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Attorney Allison Ocampo Chua added to party PNC Bank National Association(pty:dft)) (Chua, Allison) |
| Filing 13 PROOF OF SERVICE Priority Restoration, Inc., served on 8/17/18. (Sayer, Michael) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 10/1/2018 at 11:00 AM. (iv)
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| Filing 11 NOTICE Demand for Jury Trial Priority Restoration, Inc.. (Sayer, Michael) |
| Filing 10 PROOF OF SERVICE Priority Restoration, Inc., served on 08/17/2018. (Sayer, Michael) |
| Filing 9 PROOF OF SERVICE Priority Restoration, Inc., served on 08/17/2018. (Sayer, Michael) |
| Filing 8 CERTIFICATE of Interested Parties (Sayer, Michael) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendant Select Portfolio Servicing, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 served on 8/16/18 and 8/17/18. (Chua, Allison) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Michael W. Fitzgerald. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-1722 MWF (SPx). (esa) |
| COPY OF FIRST AMENDED COMPLAINT against defendants Nelson Alvarado, American Security Insurance Company, Does 1 to 5, Mauricio Nieto, PNC Bank National Association, Select Portfolio Servicing, Inc., Standing Stone Real Estate, Inc., The Wolf Firm amending Complaint, JURY DEMAND, filed by plaintiff Priority Restoration, Inc. (non-conformed, submitted as document 1, attachment 3)(esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1 to 5, Mauricio Nieto, Select Portfolio Servicing, Inc., filed by plaintiff Priority Restoration, Inc. (Filed in state court 3/13/18, submitted as document 1, attachment 1) (esa) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant SELECT PORTFOLIO SERVICING, INC. identifying Credit Suisse Group AG as Corporate Parent. (Chua, Allison) |
| Filing 3 CERTIFICATION and NOTICE of Interested Parties filed by Defendant SELECT PORTFOLIO SERVICING, INC., identifying Credit Suisse Group AG. (Chua, Allison) |
| Filing 2 CIVIL COVER SHEET filed by Defendant SELECT PORTFOLIO SERVICING, INC.. (Chua, Allison) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1806373 Receipt No: 0973-22268315 - Fee: $400, filed by Defendant SELECT PORTFOLIO SERVICING, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney Allison Ocampo Chua added to party SELECT PORTFOLIO SERVICING, INC.(pty:dft))(Chua, Allison) |
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