Stephen M. Duarte v. Rushmore Loan Management Services, LLC et al
| Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3 and DOES 1-10, inclusive |
| Stephen M Duarte |
| 5:2023cv01101 |
| June 9, 2023 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Mark C Scarsi |
| Real Property: Other |
| None |
Docket Report
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Filing 19
MINUTE (IN CHAMBERS) ORDER REQUIRING SUPPLEMENTAL BRIEFING by Judge Mark C. Scarsi. Defendant shall file a supplemental brief within seven days, and Plaintiff may file a reply within seven days of the filing of Defendants' brief. The briefs may not exceed 3,000 words. The Court vacates the hearing on the motion set for August 14, 2023. (iv)
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| Filing 18 REPLY filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3 to Response in Opposition to Motion #17 (Benbow, Jillian) |
| Filing 17 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiff Stephen M Duarte. (Cara, Anthony) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. (Benbow, Jillian) |
| Filing 15 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. (Benbow, Jillian) |
| Filing 14 DECLARATION of Jillian A. Benbow re: Compliance with Local Rule 7-3 NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. (Benbow, Jillian) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. Motion set for hearing on 8/14/2023 at 09:00 AM before Judge Mark C. Scarsi. (Benbow, Jillian) |
| Filing 12 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi:ORDER RE MOTION TO DISMISS #9 Defendants filed a motion to dismiss the Complaint. The Court deems the motion appropriate for decision without oral argument. The Court takes off calendar the hearing on the motion set for July 24, 2023. The Court denies the motion for failure to comply with the prefiling conference requirement. The motion is denied without prejudice. Defendants shall file their response to the Complaint within 14 days. If Defendants seek to renew their Rule 12 motion, they must provide a declaration establishing strict compliance with Local Rule 7-3.The Court warns that any further failure by any party to initiate or participate in a Local Rule 7-3 conference will be deemed willful disobedience of this Order and will result in sanctions. (lc) |
| Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. (Benbow, Jillian) |
| Filing 10 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. (Benbow, Jillian) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. Motion set for hearing on 7/24/2023 at 09:00 AM before Judge Mark C. Scarsi. (Benbow, Jillian) |
| Filing 8 NOTICE of Interested Parties filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3, (Benbow, Jillian) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) |
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Filing 6
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 3 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 23-05, this case has been randomly reassigned to District Judge Mark C. Scarsi. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-01101 MCS (KKx). (jtil) |
| CONFORMED COPY OF COMPLAINT filed by plaintiff Stephen M Duarte in San Bernardino Superior Court on 4/3/2023, attached as Exhibit A. (jtil) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Rushmore Loan Management Services, LLC, U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3. (Benbow, Jillian) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California, County of San Bernardino, case number CIVSB2228545 Receipt No: ACACDC-35469173 - Fee: $402, filed by Defendants U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3, Rushmore Loan Management Services, LLC. (Attorney Jillian Allyn Benbow added to party Rushmore Loan Management Services, LLC(pty:dft), Attorney Jillian Allyn Benbow added to party U.S. Bank Trust N.A., as owner Trustee Legacy Mortgage Asset Trust 2018-RPL3(pty:dft))(Benbow, Jillian) |
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