Robert M. Haroutoonian v. NewRez LLC et al
| Robert Michael Haroutoonian |
| NewRez LLC dba Shellpoint Mortgage Servicing, Barbara TTHE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32T1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32T1, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32TI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32TI, The Bank of New York Mellon, NewRez LLC doing business as Shellpoint Mortgage Servicing, The Bank of New York and DOES 1-10, inclusive |
| 8:2022cv00751 |
| April 1, 2022 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John D Early |
| Autumn D Spaeth |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 Notice filed by Defendants NewRez LLC, The Bank of New York Mellon. of Order to Show Cause with attached minute order dated 08/10/2022 including Proof of Service of Mail Service (Attachments: #1 Affidavit Proof Personal Service of Notice of Order to Show Cause with attached minute order on Eureka Harourtoonian)(Howson, Christine) |
| PROOF OF SERVICE Executed by Defendant NewRez LLC, The Bank of New York Mellon, upon Plaintiff Robert Michael Haroutoonian served on 8/16/2022, answer due 9/6/2022. Service of the Summons and Complaint were executed upon Eureka plaintiff in compliance with statute not specified by personal service. Original Summons NOT returned. (ATTACHED TO #28-1 ) (twdb) |
| Filing 27 PROOF OF SERVICE filed by Defendants NewRez LLC, The Bank of New York Mellon, re NOTICE OF MOTION AND MOTION to Dismiss Case the Complaint pursuant to FRCP 12(b)(6) #26 , Order to Show Cause, #25 Attorney representing Eureka Shine Haroutoonian regarding the Estate of Robert Haroutoonian served on 08.15.2022. (Howson, Christine) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case the Complaint pursuant to FRCP 12(b)(6) filed by Defendants NewRez LLC, The Bank of New York Mellon. Motion set for hearing on 9/19/2022 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum in Support of Motion to Dimiss, #2 Supplement Request for Judical Notice in Support of Motion to Dimiss, #3 Proposed Order in Support of Motion to Dimiss) (Howson, Christine) |
Filing 25
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO SUBSTITUTE A PARTY by Judge Cormac J. Carney. Accordingly, Defendants are DIRECTED to serve this order on Plaintiffs presumed successor in interest, Eureka Haroutoonian, by Wednesday, August 17, 2022. Defendants must file a proof of service with the Court by the same date. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan [Report is Unilateral due to death of Plaintiff] ; estimated length of trial 4 days, filed by Defendants NewRez LLC, The Bank of New York Mellon.. (Howson, Christine) |
| Filing 23 AFFIDAVIT by affiant: Proof of Service of Suggestion of Death on Eureka Harourtoonian re Miscellaneous Document #22 via Personal Service filed by Defendant NewRez LLC (Howson, Christine) |
| Filing 22 SUGGESTION OF DEATH filed by Defendants NewRez LLC, The Bank of New York Mellon (Howson, Christine) |
| Filing 21 MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: ORDER DENYING DEFENDANTS MOTION TO DISMISS WITHOUT PREJUDICE AND GRANTING PLAINTIFF LEAVE TO FILE A FIRST AMENDED COMPLAINT [Dkt. 14.], #14 . Plaintiff is granted leave to file an amended complaint by Monday, August 1, 2022. If Plaintiff does not do so, Defendants may renew their motion to dismiss. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
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Filing 20
NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J. Carney, ORDERING First Amended Complaint submitted by Plaintiff Robert Michael Haroutoonian received on 6/28/22 is not to be filed but instead rejected. Denial based on: No leave to amend complaint on court docket. (twdb)
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Filing 19
ORDER DENYING PLAINTIFFS MOTION TO REMAND CASE TO ORANGE COUNTY SUPERIOR COURT by Judge Cormac J. Carney. For the forgoing reasons, Plaintiff's motion to remand is DENIED. denying #6 MOTION to Remand Case to State Court (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 18 REPLY to Defendants' Opposition to Plaintiff's NOTICE OF MOTION AND MOTION to Remand Case #6 filed by Plaintiff Robert Michael Haroutoonian. (twdb) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #14 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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 16 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on August 18, 2022. (rrp) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Defendants NewRez LLC, The Bank of New York Mellon. (Howson, Christine) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants NewRez LLC, The Bank of New York Mellon. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum) (Howson, Christine) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Plaintiff's Motion for Remand filed by Defendants NewRez LLC, The Bank of New York Mellon. (Howson, Christine) |
| Filing 12 Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #6 filed by Defendants NewRez LLC, The Bank of New York Mellon. (Attachments: #1 Declaration of Jean Knowles in Support, #2 Declaration Christen E. Howson, Esq. in Support)(Howson, Christine) |
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Filing 11
ORDER by Judge Cormac J. Carney, Granting Stipulation to Further Extend Time for Newrez LLC dba Shellpoint Mortgage Servicing to Respond to Plaintiff's Complaint #10 . Defendants NewRez LLC answer due 5/18/2022. (twdb)
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| Filing 10 STIPULATION for Extension of Time to File Response as to Complaint - (Discovery) filed by Defendant NewRez LLC. (Attachments: #1 Proposed Order)(Howson, Christine) |
| Filing 9 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. On the Court's own motion, the MOTION to Remand Case to Orange County Superior Court #6 is continued from 5/11/2022 at 10:00 AM to 6/6/2022 at 1:30 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 8 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Autumn D. Spaeth to Judge Cormac J. Carney for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge John D. Early. The case number will now reflect the initials of the transferee Judges 8:22-cv-00751 CJC(JDEx). (rn) |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to The Bank of New York Mellon answer now due 5/20/2022, re Complaint - (Discovery) filed by Defendant The Bank of New York Mellon.(Howson, Christine) |
| Filing 6 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court; Memorandum of Points and Authorities filed by Plaintiff Robert Michael Haroutoonian. Motion set for hearing on 5/11/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (et) |
| Filing 5 STIPULATION Extending Time to Answer the complaint as to NewRez LLC answer now due 4/29/2022; The Bank of New York Mellon answer now due 4/29/2022, re Complaint - (Discovery) filed by Defendants NewRez LLC; The Bank of New York Mellon.(Attorney Christine E. Howson added to party The Bank of New York Mellon(pty:dft))(Howson, Christine) |
| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Autumn D. Spaeth. (Attachments: #1 CV11C) (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Robert Michael Haroutoonian in Orange County Superior Court on 2/23/2022, attached as Exhibit 1. (jtil) |
| Filing 3 NOTICE OF INTERESTED PARTIES filed by Defendants NewRez LLC dba Shellpoint Mortgage Servicing, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32TI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32TI. (Howson, Christine) |
| Filing 2 CIVIL COVER SHEET filed by Defendants NewRez LLC dba Shellpoint Mortgage Servicing, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32TI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32TI. (Howson, Christine) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2022-01246913-CU-CL-CJC with filing fee previously paid (402.00 paid on 04/01/2022, receipt number 4815081), filed by Defendants NewRez LLC dba Shellpoint Mortgage Servicing, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32TI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32TI. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Attorney Christine E. Howson added to party NewRez LLC dba Shellpoint Mortgage Servicing(pty:dft), Attorney Christine E. Howson added to party THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32TI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32TI (pty:dft))(Howson, Christine) |
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| Search for this case: Robert M. Haroutoonian v. NewRez LLC et al | |
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| Plaintiff: Robert Michael Haroutoonian | |
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| Defendant: NewRez LLC dba Shellpoint Mortgage Servicing | |
| Represented By: | Christine E. Howson |
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| Defendant: Barbara TTHE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32T1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32T1 | |
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| Defendant: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-32TI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-32TI | |
| Represented By: | Christine E. Howson |
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| Defendant: The Bank of New York Mellon | |
| Represented By: | Ian A Rambarran |
| Represented By: | Christine E. Howson |
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| Defendant: NewRez LLC doing business as Shellpoint Mortgage Servicing | |
| Represented By: | Christine E. Howson |
| Represented By: | Ian A Rambarran |
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| Defendant: The Bank of New York | |
| Represented By: | Ian A Rambarran |
| Represented By: | Christine E. Howson |
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