Anibal Silva v. Midland Mortgage
| Anibal Silva |
| Midland Mortgage |
| 5:2022cv00049 |
| January 10, 2022 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| John W Holcomb |
| Kenly Kiya Kato |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's First Amended Complaint filed by Defendant Midland Mortgage. Motion set for hearing on 4/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorities in support of motion to dismiss first amended complaint, #2 Declaration of Josh Mills in support of motion to dismiss first amended complaint, #3 Request for Judicial Notice in support of motion to dismiss first amended complaint) (Treder, Edward) |
| Filing 32 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Strike Midfirst Bank's Exhibits 3 and 4 (Dkt 16-3) and the Hearsay Declaration Statement of Josh Mills (Dkt 16-2) NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 #19 Reply Memorandum filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 31 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Strike the unnamed and Non-party Midfirst Bank from the Case NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 #18 Reply Memorandum filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 30 to Plaintiff's Motion for a Declaratory Judgment [ecf 24]; Memorandum of points and Authorities Opposition re: NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Declaratory Judgment as the Fourth Claim of Relief and Injunctive Relief as to the Fifth Claim of Relief #24 filed by Defendant Midland Mortgage. (Treder, Edward) |
| Filing 29 MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Declaratory Judgment as the Fourth Claim of Relief and Injunctive Relief as to the Fifth Claim of Relief #24 #28 filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibit Notice and Memo to Strike MIdfirst as a Party, pgs 1-, #2 Exhibit Amended Complaint against Midland Mortgage, pgs 21-52, #3 Exhibit Email to Treder, pgs 53-55, #4 Exhibit Notice Pursuant to Rule 3-3 of the Cal Bar Rules, pgs 56-60, #5 Exhibit Declaration Dkt 24-2 with Exhibits 1 to 29, pgs 61-303, #6 Exhibit Amended Notice of Appeal, pgs 304-349, #7 Exhibit Statement of Issues and Designation of Record, pgs 350-355, #8 Exhibit Docketing Letter, pgs 356-359, #9 Exhibit McGuinness 4th Ex Parte App to strike Mot, pgs 360-392, #10 Exhibit Midland Oppos to strike Midfirst as a Party, pgs 393-398, #11 Exhibit Treders Ex parte application, pgs 399-411)(Silva, Anibal) |
| Filing 28 EX PARTE APPLICATION to Strike NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Declaratory Judgment as the Fourth Claim of Relief and Injunctive Relief as to the Fifth Claim of Relief #24 filed by Defendant Midland Mortgage. (Attachments: #1 Declaration of Edward A. Treder in support of Ex Parte Application for an Order Striking "Motion for a Declaratory Judgment") (Treder, Edward) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Midfirst Bank's Exhibits 3 and 4 (Dkt 16-3) and the Hearsay Declaration Statement of Josh Mills (Dkt 16-2) NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 #19 filed by Defendant Midland Mortgage. (Treder, Edward) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike the unnamed and Non-party Midfirst Bank from the Case NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 #18 filed by Defendant Midland Mortgage. (Treder, Edward) |
| Filing 25 Opposition to Defendants Motion to Dismiss Plaintiff's Complaint Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 24 NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Declaratory Judgment as the Fourth Claim of Relief and Injunctive Relief as to the Fifth Claim of Relief filed by Plaintiff Anibal Silva. Motion set for hearing on 3/25/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration with Exhibits 1 to 29, #3 Proposed Order) (Silva, Anibal) |
| Filing 23 FIRST AMENDED COMPLAINT against Defendant Midland Mortgage amending Complaint - (Discovery), #1 , filed by Plaintiff Anibal Silva (Attachments: #1 Declaration with Exhibits 1 to 29)(Silva, Anibal) |
| Filing 22 NOTICE Notice Pursuant to Rule 3-3 of the California State Bar Rules of Prof Conduct filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibit Midland Mortgage Return of Partial Funds in the amount of $6563 being held since Nov 1, 2020, #2 Exhibit Letter dated 1-18-2022 from Midland Mortgage showing the account status delinquent and owing $20,829.63, #3 Exhibit Midland Mortgage Statement dated 1-18-2022 from Midland Mortgage stating owing $23,823.27, #4 Exhibit Bank Statement showing 3 payments made to Midland Mortgage on 1-19 and 1-20 for $4,680, #5 Exhibit Letter dated 1-20-2022 from Midland Mortgage to Silva staing owing $1,764.08 for Dec 2021, #6 Exhibit Wire sent on 2-1-2022 by Silva to Midland Mortgage for $1850, #7 Exhibit Treder email dated 2-2-2022 along with a Stipulation sent to Silva seeking delay of response)(Silva, Anibal) |
| Filing 21 NOTICE of Related Case(s) filed by defendant Midland Mortgage. Related Case(s): 6:20-ap-01142-SY; 21-55873; 21-60037 (Treder, Edward) |
| Filing 20 NOTICE of Related Case(s) filed by defendant Midland Mortgage. Related Case(s): 5:21-cv-00832-JWH (Treder, Edward) |
| Filing 19 NOTICE OF MOTION AND MOTION to Strike Midfirst Bank's Exhibits 3 and 4 (Dkt 16-3) and the Hearsay Declaration Statement of Josh Mills (Dkt 16-2) NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 filed by Plaintiff Anibal Silva. Motion set for hearing on 3/18/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum Memorandum in Support of motion to strike Midfirst Bank Exhibits 3 and 4 (Dkt 16-3) and the hearsay Declaration Statement of Josh Mills (Dkt 16-2), #2 Exhibit Exhibits OJN 1 to 5 in support of Mot to Strike Midfirst Exhs 3 and 4 (Dkt 16-3) and the hearsay Declaration statement of Josh Mills (Dkt 16-2), #3 Exhibit MERS Information on its operations and Executive Officers, #4 Exhibit Certificate filed by Midland Mortgage Co in Case Kirkland v Midland Mortgage Co, #5 Exhibit Form K-8 filed with the SEC by Citigroup Mortgage Loan Trust 2007-OPX1, #6 Exhibit Form K-8 filed with the SEC by Deutsche Alt-B Securities Mortgage Loan Trust, #7 Exhibit HUD Report No. 2011-FW-1008 on Midland Mortgage Co, #8 Proposed Order Proposed Order on Mot to Strike Midfirst Exhs 3 and 4 (Dkt 16-3) and the hearsay Decl. Statement of Josh Mills (Dkt 16-2)) (Silva, Anibal) |
| Filing 18 NOTICE OF MOTION AND MOTION to Strike the unnamed and Non-party Midfirst Bank from the Case NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint #16 filed by Plaintiff Anibal Silva. Motion set for hearing on 3/18/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum Memorandum in support of Motion to Strike from the Case the unnamed and non-party Midfirst Bank, #2 Exhibit Exhibits MTS 1 to 14 in support of Motion to Strike from the Case the unnamed and Non-Party Midfirst Bank, #3 Exhibit Oklahoma Secretary of State report on Midland Mortgage Co, #4 Exhibit Certificate filed in Kirkland v Midland Mortgage Case 1-98-CV-00083-DHB, #5 Exhibit Newspaper article from the Oklahoman Newspaper Archives, #6 Exhibit California Secretary of State document filed by Midland Mortgage Co, #7 Exhibit Form K-8 filed with the SEC by Citigroup Mortgage Loan Trust 2007-OPX1, #8 Exhibit Form K-8 filed with the SEC by Deutsche Alt-A Securities Inc, #9 Exhibit HUD Audit Report # 2011-FW-1008 on Midland Mortgage Co, #10 Exhibit Summons filed in Adversary Case 2-10-AP-02314-VZ, #11 Exhibit Memorandum filed by Midland Mortgage Co in Adversary Case 2-10-AP-02314-VZ, #12 Exhibit Stipulation filed by Midland Mortgage Co in Adversary Case 9-13-AP-01074-PC, #13 Exhibit Stipulation filed by Midland Mortgage in Adversary Case 9-13-AP-01074-PC, #14 Exhibit Order approving Stipulation filed by Midland Mortgage in Adversary Case 9-13-AP-01074-PC, #15 Exhibit Disclosure Statement filed in Case 5:21-CV-00832 by the Attorney of Midland Mortgage, #16 Exhibit Proof of Service of Summons Served on Midland Mortgage Co as Defendant, #17 Proposed Order) (Silva, Anibal) |
| Filing 17 CERTIFICATE of Interested Parties filed by Defendant Midland Mortgage, (Treder, Edward) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case to Plaintiff's Complaint filed by Defendant Midland Mortgage. Motion set for hearing on 3/18/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorites, #2 Declaration in Support, #3 Request for Judicial Notice) (Attorney Edward A Treder added to party Midland Mortgage(pty:dft)) (Treder, Edward) |
| Filing 15 NOTICE Notice of mailing Documents to Defendant Midland Mortgage required by the Court filed by Plaintiff Anibal Silva. (Silva, Anibal) |
Filing 14
ORDER by Judge John W. Holcomb: Granting #8 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. (twdb)
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Filing 13
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 12 Text Only Entry - IN CHAMBERS by Judge John W. Holcomb: Notice Regarding Electronic Document Submission System for People Without Lawyers. People who are not represented by attorneys may now submit documents for filing through the Court's Electronic Document Submission System ("EDSS") instead of mailing or bringing documents to the Clerk's Office. EDSS is not the same as filing documents electronically in the Court's CM/ECF System. Registration is not required to use EDSS and you do not need a PACER account; only internet access and an e-mail address are required. Attorneys may not use EDSS to submit documents on behalf of their clients. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
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Filing 11
SELF-REPRESENTATION ORDER by Judge John W. Holcomb. (iva)
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| Filing 10 This action has been reassigned to the Honorable John W. Holcomb, United States District Judge. Judge Holcomb is located in Courtroom 2, on the 2nd Floor of the George E. Brown, Jr. Federal Building and United States Courthouse at 3470 Twelfth Street, Riverside, California 92501. Additional information regarding Judge Holcomb's procedures and schedules is available on the Court's website at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 5:20-cv-02345-JWH. Case transferred from Judge Jesus G. Bernal to Judge John W. Holcomb for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:22-cv-00049-JWH(KKx). Signed by Judge John W. Holcomb (ap)
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| Filing 8 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Anibal Silva. (twdb) |
| Filing 7 Plaintiff's Notice of Filing PROOF OF SERVICE Summons, Executed by Plaintiff Anibal Silva, upon Defendant Midland Mortgage served on 1/13/2022, answer due 2/3/2022. Service of the Summons and Complaint were executed upon Midland Mortgage An Oklahoma Corporation in compliance with Federal Rules of Civil Procedure by personal service. Heather / Legal Assistant designated to accept service. Original Summons returned. (twdb) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (lh) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Anibal Silva, (lh) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Midland Mortgage. (lh) |
| Filing 1 COMPLAINT against Defendant Midland Mortgage.Case assigned to Judge Jesus G. Bernal for all further proceedings. Discovery referred to Magistrate Judge Kenly Kiya Kato. (Filing Fee $402 PAID) Jury Demanded, filed by Plaintiff Anibal Silva. (Attachments: #1 Civil Cover Sheet) (lh) |
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| Plaintiff: Anibal Silva | |
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| Defendant: Midland Mortgage | |
| Represented By: | Edward A Treder |
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