Heinz Hofmann et al v. Nationstar Mortgage LLC et al
| Joan Hofmann and Heinz Hofmann |
| Nationstar Mortgage LLC, d/b/a Mr. Cooper, U.S. Bank N.A., Does 1-10, Inclusive, Nationstar Mortgage LLC, Quality Loan Service Corporation and Nationstar Mortgage LLC doing business as Mr. Cooper |
| 5:2019cv00832 |
| May 3, 2019 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Sheri Pym |
| Real Property: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2019. A more recent docket listing may be available from PACER.
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Filing 24
ORDER RE: PLAINTIFFS DECLARATION AND REQUEST TO STRIKE PARTS OF THE PRAYER IN THE COMPLAINT (DKT. 18)by Judge John A. Kronstadt. The Court APPROVES the Request. The following shall be removed from the Complaint: a. 5. For cancellation of the Notice of Default and Notice of Trustees Sale; (Complaint, page 25, line 5). b. 6. For a rescission of the trustees sale of the subject property (Complaint, page 25, line 6). c. 7. For the trustees deed to be (a)voided; (Complaint, page 25, line 7). d. 8. For an order voiding any and all documents wrongly recorded against the subject property; (Complaint, page 25, line 8). On or before July 5, 2019, Plaintiff shall file a First Amended Complaint consistent with this Order and the Order at Dkt. 23. (shb)
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Filing 23
ORDER RE: PLAINTIFFS NOTICE OF DISMISSAL WITH PREJUDICE ONLY AS TO THE EIGHTH CAUSE OF ACTION FOR CANCELLATION OF INSTRUMENT AND THE TENTH CAUSE OF ACTION FORQUIET TITLE (DKT. 19) by Judge John A. Kronstadt. The Court APPROVES the Notice. The following cause of action are dismissed in the Complaint: a. Eighth Cause of Action for Cancellation of Instrument; and b. Tenth Cause of Action for Quiet Title. (shb)
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| Filing 22 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #19 , Declaration #18 by Clerk of Court. The document is accepted as filed. Counsel shall adhere to the CM/ECF Procedures when filing documents. Any future document that fails to comply with the procedures will be stricken. A proposed order in Word shall be emailed to the chambers' email pursuant to the Local Rules. See http://www.cacd.uscourts.gov/e-filing/proposed-documents. Upon receipt of the proposed orders, the matters will be submitted to the Court. (shb) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration #18 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Motions and Related Documents - select - Applications/Ex Parte Application/Motion/Petition/Request - select Request - select - Order and attach Proposed Order. 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. (shb) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Notices - select - Notice Other. 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. (shb) |
| Filing 19 Notice of Dismissal of 8 and 10 Cause of Action filed by Plaintiffs Heinz Hofmann, Joan Hofmann (Attachments: #1 Proposed Order)(Saunders, Gary) |
| Filing 18 DECLARATION of Gary S. Saunders Re: Request That Part of the Prayer in the Complaint be Stricken filed by Plaintiffs Heinz Hofmann, Joan Hofmann. (Attachments: #1 Proposed Order)(Saunders, Gary) |
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Filing 17
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT QUALITY LOAN SERVICE CORPORATION by Judge John A. Kronstadt: The case was removed to this Court. Pursuant to Rule 81 of the Federal Rules of Civil Procedure, a response to the Complaint is due the later of 21 days after receiving a copy of the initial pleading, 21 days after being served with the summons, or 7 days after the notice of removal is filed. A proof of service indicating that Defendant has been served with the Complaint, or a response to the Complaint have not been filed. Accordingly, Plaintiff is ordered to show cause in writing on or before June 13, 2019, why this Defendant should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. Therefore, the Order to Show Cause will stand submitted upon the filing of an appropriate response, proof(s) of service, the filing of an answer by Defendant(s), and/or an application for the entry of default pursuant to Rule 55 of the Federal Rules of Civil Procedure. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 16
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt: Hearing: No Hearing/Under Submission. Joint Report Due: July 26, 2019. This case has been assigned to Judge John A. Kronstadt. This Order applies to all parties in this action, whether or not they are represented by counsel. Counsel, as used in this Order, also refers to parties who are representing themselves. If plaintiff has not already served the complaint (or any amendment thereto) on each defendant, plaintiff shall promptly do so and file proofs of service within three (3) days thereafter. Defendant(s) also shall timely serve and file their responsive pleadings and file proofs of service within three (3) days thereafter. See order for details. (shb)
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| Filing 15 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT: See order for details. (shb) |
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Filing 14
(IN CHAMBERS) ORDER RE THE SUBMISSION OF COURTESY COPIES OF REMOVAL DOCUMENTS AND COMPLAINT (DKT. #1 ) by Judge John A. Kronstadt: Pursuant to Local Rule 5-4.5 and this Court's Standing Order 9(e), parties are required to submit courtesy copies of all initial pleadings and motion papers, among other filings. Copies must be printed from CM/ECF and must include the CM/ECF-generated header, unobscured by stapling or binding. The parties are directed to review the Local Rules and this Court's Standing Orders, and to submit the removal Documents and initiating pleading and any previously omitted courtesy copies within two days of the issuance of this Order to the 4th Floor of the First Street Courthouse. The parties are also reminded to review and comply with the Local Rules and Standing Orders with respect to all future filings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 13
(IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT (DKT. #6 ) by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: ED CV19-00832 JAK (SPx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials JGB on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 12 ANSWER to Complaint - (Discovery), filed by Defendant Nationstar Mortgage LLC, U.S. Bank N.A..(Hamilton, Amanda) |
| Filing 11 PROOF OF SERVICE filed by Defendant Nationstar Mortgage LLC, U.S. Bank N.A., re Exhibit (non-trial) #10 , Declaration #3 , Certificate/Notice of Interested Parties, #4 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #8 , Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #6 , Stipulation Extending Time to Answer (30 days or less) #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Corporate Disclosure Statement #9 (Hamilton, Amanda) |
| Filing 10 EXHIBIT Filed filed by Defendants Nationstar Mortgage LLC, U.S. Bank N.A.. Exhibit 1 as to Declaration #3 . (Hamilton, Amanda) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed by Defendant Nationstar Mortgage LLC identifying Nationstar Mortgage LLC as Corporate Parent. (Hamilton, Amanda) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Defendant U.S. Bank N.A. identifying U.S. Bank N.A. as Corporate Parent. (Hamilton, Amanda) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 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 19-03, this case has been randomly reassigned to District Judge John A. Kronstadt. The case number on all documents filed with the Court in this case should read as follows: 5:19-cv-00832-JAK (SPx). (et) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Nationstar Mortgage LLC, Quality Loan Service Corporation, U.S. Bank N.A., Does 1-10, inclusive. Jury Demanded, filed by Plaintiffs Heinz Hofmann, Joan Hofmann. [FILED IN STATE COURT ON 4/4/2019 SUBMITTED ATTACHED TO EXHIBIT 1 TO NOTICE OF REMOVAL #1 . (et) |
| Filing 5 STIPULATION Extending Time to Answer the complaint as to filed by Defendants Nationstar Mortgage LLC, d/b/a Mr. Cooper.(Hamilton, Amanda) |
| Filing 4 NOTICE of Interested Parties filed by Defendant Nationstar Mortgage LLC, d/b/a Mr. Cooper, identifying Hofmann Living Trust; Heinz Hofmann; Joan Hofmann; Nationstar Mortgage LLC d/b/a Mr. Cooper; Nationstar Sub 1 LLC; Nationstar Sub 2 LLC; Nationstar Mortgage Holdings, Inc.; Mr. Cooper Group Inc.; KKR Wand Investors Corporation; U.S. Bank N.A., as trustee for GSR Mortgage Loan Trust 2006-7F; U.S. Bancorp; Quality Loan Service Corporation. (Hamilton, Amanda) |
| Filing 3 DECLARATION of Amanda H. Hamilton re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Nationstar Mortgage LLC, d/b/a Mr. Cooper. (Hamilton, Amanda) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Nationstar Mortgage LLC, d/b/a Mr. Cooper. (Hamilton, Amanda) |
| Filing 1 NOTICE OF REMOVAL from Riverside, case number PSC1902286 Receipt No: 0973-23675075 - Fee: $400, filed by Defendant Nationstar Mortgage LLC, d/b/a Mr. Cooper. (Attachments: #1 Exhibit Exhibit 1 Complaint, #2 Exhibit Exhibit 2 Notice of Non-monetary Status) (Attorney Amanda H Hamilton added to party Nationstar Mortgage LLC, d/b/a Mr. Cooper(pty:dft))(Hamilton, Amanda) |
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