Marie Lopez v. The Bank of New York Mellon Corporation, et al
| Marie Lopez |
| Does 1 through 25, inclusvie, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4, The Bank of New York Mellon Corporation, National Default Servicing Corporation, The Bank of New York Mellon, New Penn Financial, LLC, Nationstar Mortgage Holdings Inc., Nationstar Mortgage Holdings Inc. a Texas corporation doing business as Mr. Cooper Erroneously Sued As Nationstar Mortgage LLC, New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing and The Bank of New York Mellon Corporation a Delaware corporation, as Trustee for CWALT2007-0A4 New York Based mortgage pass-through certificates doing business as BNY Mellon |
| 8:2018cv01261 |
| July 19, 2018 |
| US District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 MINUTES OF MOTION TO DISMISS #10 ; MOTION FOR PRELIMINARY INJUNCTION #14 Hearing held before Judge David O. Carter. Parties ordered to mandatory settlement conference before Magistrate Judge McCormick. The hearings on the Motion to Dismiss and the Motion for Preliminary Injunction are continued to October 29, 2018 at 8:30 a.m. The Preliminary Injunction is extended to October 29, 2018. Court Recorder: Court Smart. (lom) |
| Filing 38 NOTICE of Appearance filed by attorney Bryan David Trader on behalf of Defendant Nationstar Mortgage Holdings Inc. (Attorney Bryan David Trader added to party Nationstar Mortgage Holdings Inc.(pty:dft))(Trader, Bryan) |
| Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Plaintiff Marie Lopez. (Attachments: #1 Exhibit Exhibit for Plaintiff's Response to Defendants' Reply Brief in Support of Motion to Dismiss First Amended Complaint, #2 Supplement Proof of Service for Plaintiff's Response to Defendants' Reply Brief in Support of Motion to Dismiss First Amended Complaint)(Solomonian, Patrick) |
| Filing 37 MINUTES OF Settlement Conference held before Magistrate Judge Douglas F. McCormick. Pursuant to Local Rule 16-14, the parties met this date for a mandatory settlement conference. The parties were unable to reach an agreement on disposition of the case. The parties are encouraged to continue their settlement discussions. Should there be a need for additional court assistance, the parties may contact the Courtroom Deputy Clerk to schedule a further settlement conference. Court Recorder: CS 08/29/18. (sbou) |
| Filing 35 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Case #10 Defendants' Reply Brief In Support Of Motion To Dismiss First Amended Complaint filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. (Moorer, Kathryn) |
| Filing 34 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Plaintiff Marie Lopez. (Attachments: #1 Exhibit Exhibits for Plaintiff's Reply to Defendant's Motion to Dismiss First Amended Complaint, #2 Supplement Proof of Service for Plaintiff's Reply to Defendant's Motion to Dismiss First Amended ComplaintS)(Solomonian, Patrick) |
| Filing 33 MINUTES OF Telephone Conference held before Magistrate Judge Douglas F. McCormick. Case called and counsel make their appearances. Court and counsel confer as stated on the record. Court Recorder: CS 08/17/18. (sbou) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Support of Motion, #26 . The following error(s) was/were found: Title page is missing. 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. (twdb) |
Filing 31
ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Douglas F. McCormick. A Settlement Conference will be held before the Court in Courtroom 6B of the Ronald Reagan Federal Building and United States Courthouse, 411West Fourth Street, Santa Ana, California, on August 29, 2018, at 9:00 a.m. Attendance of Parties Required. At least five (5) court days before the Settlement Conference, each party shall submit a Settlement Conference Statement to the Magistrate Judge. Settlement Conference Statements should be delivered to the Court by email to dfm_chambers@cacd.uscourts.gov or directly to chambers on the Sixth Floor of the Santa Ana Courthouse. (See document for further information.) (dv)
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| Filing 30 MINUTES OF Motion Hearing held before Judge David O. Carter: PRELIMINARY INJUNCTION HEARING RE: TEMPORARY RESTRAINING ORDER. The Court temporarily GRANTS the Temporary Restraining Order #14 until September 10, 2018. Counsel is ordered to mediation in front of Magistrate Judge McCormick on todays date. The hearing is continued to September 10, 2018 at 8:30 a.m. Motion set for hearing on 9/10/2018 at 08:30 AM before Judge David O. Carter. Court Reporter: CourtSmart. (twdb) |
| Filing 29 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Case #10 Defendants' Amended Notice of Motion and Motion to Dismiss First Amended Complaint filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. (Moorer, Kathryn) |
| Filing 28 MINUTES OF Settlement Conference Hearing held before Magistrate Judge Douglas F. McCormick. The case is called and appearances are made. The Court confers with the parties. The Court sets a settlement conference for Wednesday, August 29, 2018, at 9:00 am and a telephonic conference for Friday, August 17, 2018, at 11:00 am. The Courtroom Deputy Clerk will provide call-in information to the parties. Court Recorder: CS 08/13/18. (sbou) |
| Filing 27 SCHEDULING NOTICE: A telephonic conference has been scheduled for Friday, August 17, 2018, at 11:00 a.m. before Magistrate Judge Douglas F. McCormick. Call-in information will be provided to the parties via separate e-mail. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dv) TEXT ONLY ENTRY |
| Filing 26 RESPONSE IN SUPPORT of First EX PARTE APPLICATION for Temporary Restraining Order as to Non-Judicial Foreclosure, Payment Demands, Filing of Delinquent Notices, Recording of Default Notices, Continued Representation of Defense Counsel Kathryn Moorer, Esq., Tuan Uong, Esq., #14 Proof of Service for Supplemental Response filed August 10, 2018 filed by Plaintiff Marie Lopez. (Solomonian, Patrick) |
| Filing 25 RESPONSE IN SUPPORT of First EX PARTE APPLICATION for Temporary Restraining Order as to Non-Judicial Foreclosure, Payment Demands, Filing of Delinquent Notices, Recording of Default Notices, Continued Representation of Defense Counsel Kathryn Moorer, Esq., Tuan Uong, Esq., #14 filed by Plaintiff Marie Lopez. (Solomonian, Patrick) |
| Filing 24 JOINDER in First EX PARTE APPLICATION for Temporary Restraining Order as to Non-Judicial Foreclosure, Payment Demands, Filing of Delinquent Notices, Recording of Default Notices, Continued Representation of Defense Counsel Kathryn Moorer, Esq., Tuan Uong, Esq., #14 Defendant Nationstar Mortgage LLC's Notice of Joinder and Joinder in Defendants, New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing, and The Bank of New York Mellon FKA The Bank of New York, As Trustee For The Certificateholders of The CWALT, Inc., Alternative Loan Trust 2007-A04 Mortgage Pass-Through Certificates, Series 2007-A04's Supplemental Opposition to Plaintiff's Ex Parte Application For A Temporary Restraining Order and Preliminary Injunction filed by Defendant Nationstar Mortgage Holdings Inc.. (Uong, Tuan) |
| Filing 23 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case #10 Defendant Nationstar Mortgage LLC's Notice of Joinder and Joinder to Co-Defendants, New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing and The Bank of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007-A04 Mortgage Pass-Through Certificates, Series 2007-A04's Motion to Dismiss First Amended Complaint filed by Defendant Nationstar Mortgage Holdings Inc.. (Uong, Tuan) |
| Filing 22 JOINDER filed by Defendant National Default Servicing Corporation joining in MEMORANDUM in Opposition to Motion, #21 . (Lees, Megan) |
| Filing 21 MEMORANDUM in Opposition Defendants' Supplemental Opposition To Plaintiff''s Ex Parte Application For Temporary Restraining Order And Preliminary Injunction filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. (Moorer, Kathryn) |
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Filing 20
MINUTE ORDER IN CHAMBERS Granting Temporary Restraining Order #14 and Setting Preliminary Injunction Hearing for August 13, 2018 by Judge David O. Carter. Preliminary Injunction Hearing set for 8/13/2018 @ 8:30 AM before Judge David O. Carter. (dgo)
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| Filing 19 DECLARATION of patrick solomonian Amended Declaration in support of Plaintiff's Response to Defendants' opposition to Application for TRO/OSC First EX PARTE APPLICATION for Temporary Restraining Order as to Non-Judicial Foreclosure, Payment Demands, Filing of Delinquent Notices, Recording of Default Notices, Continued Representation of Defense Counsel Kathryn Moorer, Esq., Tuan Uong, Esq., #14 filed by Plaintiff Marie Lopez. (Solomonian, Patrick) |
| Filing 18 OPPOSITION to First EX PARTE APPLICATION for Temporary Restraining Order as to Non-Judicial Foreclosure, Payment Demands, Filing of Delinquent Notices, Recording of Default Notices, Continued Representation of Defense Counsel Kathryn Moorer, Esq., Tuan Uong, Esq., #14 filed by Plaintiff Marie Lopez. (Attachments: #1 Plaintiff's Response to Defendant BANK's Opposition to TRO Application)(Solomonian, Patrick) |
| Filing 17 JOINDER filed by Defendant National Default Servicing Corporation joining in MEMORANDUM in Opposition to Motion,, #15 . (Lees, Megan) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE In Support Of Ex Parte Application For Temporary Restraining Order filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4, The Bank of New York Mellon. (Moorer, Kathryn) |
| Filing 15 MEMORANDUM in Opposition To Plaintiff's Ex Parte Application For Temporary Restraining Order filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4, The Bank of New York Mellon. (Attorney Kathryn Anne Moorer added to party The Bank of New York Mellon(pty:dft))(Moorer, Kathryn) |
| Filing 14 First EX PARTE APPLICATION for Temporary Restraining Order as to Non-Judicial Foreclosure, Payment Demands, Filing of Delinquent Notices, Recording of Default Notices, Continued Representation of Defense Counsel Kathryn Moorer, Esq., Tuan Uong, Esq., Megan E. Lees, Esq. filed by Plaintiff Marie Lopez. Ex Parte Application set for hearing on 8/3/2018 at 01:30 PM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum of Points & Authorities, #2 Declaration Supporting Declaration of Plaintiff, #3 Declaration Notice of Ex Parte Filing to Opposing Counsel and Certificate of Service, #4 Proposed Order Proposed Order on TRO Application and Request for OSC Hearing) (Solomonian, Patrick) |
| Filing 13 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendant National Default Servicing Corporation. (Attorney Megan Elizabeth Lees added to party National Default Servicing Corporation(pty:dft))(Lees, Megan) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 10/15/2018 @ 8:30 AM before Judge David O. Carter. (dgo)
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| Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendants New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. (Moorer, Kathryn) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant New Penn Financial, LLC, Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. Motion set for hearing on 9/10/2018 at 08:30 AM before Judge David O. Carter. (Attorney Kathryn Anne Moorer added to party Shellpoint Mortgage Servicing(pty:dft)) (Moorer, Kathryn) |
| Filing 9 Defendant Nationstar Mortgage LLC's Certification As To Interested Parties and Corporate Disclosure Statement [Local Rule 7.1-1] CERTIFICATE of Interested Parties filed by Defendant Nationstar Mortgage Holdings Inc., identifying Nationstar Mortgage, LLC, Nationstar Holdings, Inc., Nationstar Sub1, Nationstar Sub2, NSM Holdings, Plalintiff, Marie Lopez, Defendant, The Bank of New York Mellon Corporation d/b/a BNY Mellon, Defendant, Shellpoint Mortgage Servicing, Defendant, National Default Servicing Corporation. (Uong, Tuan) |
| Filing 8 ANSWER to Amended Complaint, Nationstar Mortgage LLC's Answer to Plaintiff's First Amended Complaint filed by Defendant Nationstar Mortgage Holdings Inc..(Attorney Tuan Van Uong added to party Nationstar Mortgage Holdings Inc.(pty:dft))(Uong, Tuan) |
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Filing 7
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (esa) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge David O. Carter for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Douglas F. McCormick. New Case Number 8:18-cv-01261 DOC (DFMx). (esa) |
| Filing 3 NOTICE of Interested Parties filed by Defendant New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4, (Moorer, Kathryn) |
| Filing 2 CIVIL COVER SHEET filed by Defendants New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. (Moorer, Kathryn) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2018-00998061 Receipt No: 0973-22117225 - Fee: $400, filed by defendant New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4. (Attachments: #1 Exhibit Complaint, #2 Exhibit First Amended Complaint) (Attorney Kathryn Anne Moorer added to party New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing(pty:dft), Attorney Kathryn Anne Moorer added to party The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4(pty:dft))(Moorer, Kathryn) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against defendants Does 1 through 25, inclusive, National Default Servicing Corporation, Nationstar Mortgage Holdings Inc., Shellpoint Mortgage Servicing, The Bank of New York Mellon Corporation; Party The Bank of New York Mellon (a New York corporation, as Trustee for CWALT2007-0A4 New York Based mortgage pass-through certificates) terminated, filed by plaintiff Marie Lopez(esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1 through 25, inclusive, National Default Servicing Corporation, Nationstar Mortgage Holdings Inc., Shellpoint Mortgage Servicing, The Bank of New York Mellon, filed by plaintiff Marie Lopez. (Filed in state court 6/8/18, submitted as document 1, attachment 1) (esa) |
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| Search for this case: Marie Lopez v. The Bank of New York Mellon Corporation, et al | |
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| Plaintiff: Marie Lopez | |
| Represented By: | Patrick Solomonian |
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| Defendant: Does 1 through 25, inclusvie | |
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| Defendant: Shellpoint Mortgage Servicing | |
| Represented By: | Kathryn Anne Moorer |
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| Defendant: The Bank Of New York Mellon FKA The Bank of New York, As Trustee For the Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-AO4 Mortgage Pass-Through Certificates, Series 2007-AO4 | |
| Represented By: | T Robert Finlay |
| Represented By: | Kathryn Anne Moorer |
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| Defendant: The Bank of New York Mellon Corporation | |
| Represented By: | T Robert Finlay |
| Represented By: | Kathryn Anne Moorer |
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| Defendant: National Default Servicing Corporation | |
| Represented By: | Robert Paul Zahradka |
| Represented By: | Megan Elizabeth Lees |
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| Defendant: The Bank of New York Mellon | |
| Represented By: | Kathryn Anne Moorer |
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| Defendant: New Penn Financial, LLC | |
| Represented By: | T Robert Finlay |
| Represented By: | Kathryn Anne Moorer |
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| Defendant: Nationstar Mortgage Holdings Inc. | |
| Represented By: | Abraham J Colman |
| Represented By: | Bryan David Trader |
| Represented By: | Tuan Van Uong |
| Represented By: | Raffi Kassabian |
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| Defendant: Nationstar Mortgage Holdings Inc. a Texas corporation doing business as Mr. Cooper Erroneously Sued As Nationstar Mortgage LLC | |
| Represented By: | Abraham J Colman |
| Represented By: | Bryan David Trader |
| Represented By: | Tuan Van Uong |
| Represented By: | Raffi Kassabian |
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| Defendant: New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing | |
| Represented By: | T Robert Finlay |
| Represented By: | Kathryn Anne Moorer |
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| Defendant: The Bank of New York Mellon Corporation a Delaware corporation, as Trustee for CWALT2007-0A4 New York Based mortgage pass-through certificates doing business as BNY Mellon | |
| Represented By: | T Robert Finlay |
| Represented By: | Kathryn Anne Moorer |
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