Munoz, et al. vs. PHH Mortgage Corp., et al.

Justia Dockets & Filings Ninth Circuit California Eastern District Munoz, et al. vs. PHH Mortgage Corp., et al.

Munoz, et al. vs. PHH Mortgage Corp., et al.

Plaintiff:	Efrain Munoz, Leona Lovette and Stephanie Melani
Defendant:	PHH Mortgage Corp., PHH Corp., PHH Home Loans, LLC and Atrium Insurance Corp.
Case Number:	1:2008cv00759
Filed:	June 2, 2008
Court:	US District Court for the Eastern District of California
Office:	Other Statutory Actions Office
County:	Kern
Presiding Judge:	Dennis L. Beck
Presiding Judge:	Anthony W. Ishii
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	28:1331 Fed. Question

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Date Filed	Document Text
May 15, 2023	Filing 566 REMAND SCHEDULING ORDER, signed by Judge M Miller Baker on 5/15/2023. Mediation period: through 7/31/2023. Defendants' rebuttal expert report(s): no later than 8/31/2023. Expert depositions: no later than 9/28/2023. Any motions to exc lude: no later than 10/20/2023. Responses to any motions to exclude: no later than 11/17/2023. The parties are directed to meet and confer and to report back to the court with an agreed schedule or alternative schedules no later than 15 days after the date of this order . (Rivera, O)
April 11, 2023	Filing 560 ORDER, signed by Judge M Miller Baker on 4/11/2023. Within 30 days of the date of this order, the parties must submit a discovery plan consistent with Fed. R. Civ. P. 26(f)(3) and L.R. 240(b) and a proposed scheduling order for entry under Fed. R. Civ. P. 16. (Rivera, O)
February 3, 2022	Filing 551 ORDER Dismissing Case/Judgment, signed by Judge M Miller Baker on 02/03/2022. CASE CLOSED.(Maldonado, C)
February 2, 2022	Filing 546 ORDER DENYING 530 Defendants' Motion to Exclude Plaintiffs' Expert Testimony, signed by Judge M Miller Baker on 02/02/2022. (Maldonado, C)
February 1, 2022	Filing 542 ORDER Respecting 487 Plaintiffs' Motion to Strike and Preclude Evidence and/or Testimony Regarding Individual Class Member Payment Histories, signed by Judge M Miller Baker on 02/01/2022. (Maldonado, C)
January 31, 2022	Filing 540 ORDER RESPECTING 469 Defendants' Motion in Limine #1, signed by Judge M Miller Baker on 01/31/2022. (Maldonado, C)
January 18, 2022	Filing 523 ORDER Respecting Plaintiffs' Motion in Limine # 1 signed by Judge M Miller Baker on 1/18/2021.(Lundstrom, T)
January 14, 2022	Filing 520 ORDER RESPECTING Defendants' 474 Motion in Limine #6 signed by Judge M Miller Baker on 1/14/2022. (Sant Agata, S)
January 13, 2022	Filing 514 ORDER respecting Objections to Expert Witness Qualifications signed by Judge M Miller Baker on 1/13/2022. (Lundstrom, T)
January 10, 2022	Filing 512 ORDER Bifurcating Trial, signed by Judge M Miller Baker on 01/10/2022. (Maldonado, C)
January 7, 2022	Filing 508 ORDER Respecting Defendants' Motion in Limine #5 re 473 , signed by Judge M Miller Baker on 1/7/2022. (Gonzalez, R)
January 6, 2022	Filing 505 ORDER DENYING 468 Motion in Limine, signed by Judge M Miller Baker on 1/6/22. (Gonzalez, R)
October 12, 2021	Filing 460 FIRST AMENDED PRETRIAL ORDER, signed by Judge M Miller Baker on 10/12/21. Motions in Limine Due by 11/19/2021. Jury Trial set for 2/15/2022 at 09:00 AM in Courtroom 10 (13th Floor) of the Robert T. Matsui Federal Courthouse, 501 I Street, Sacramento, CA, before Judge M Miller Baker. Pretrial Conference set for 1/12/2022 at 10:30 AM via WebEx before Judge M Miller Baker. (Gonzalez, R)
May 13, 2021	Filing 448 ORDER DENYING Defendants' 437 Motion to Reopen Law and Motion signed by District Judge Dale A. Drozd on 05/12/2021. (Flores, E)
April 1, 2020	Filing 416 ORDER DENYING Plaintiffs' 401 Motion to Join Ocwen Financial Corporation as a Defendant pursuant to Rule 25(c), signed by District Judge Dale A. Drozd on 4/1/2020. (Martin-Gill, S)
August 29, 2019	Filing 408 ORDER REQUIRING SUPPLEMENTAL BRIEFING, signed by District Judge Dale A. Drozd on 8/29/2019. (Apodaca, P)
March 2, 2018	Filing 393 ORDER Granting 392 Joint Motion to Extend Stay, signed by District Judge Dale A. Drozd on 3/1/2018. (All proceedings in this action are now stayed until April 10, 2018.) (Thorp, J)
December 8, 2017	Filing 389 ORDER Granting 388 Joint Motion to Stay Case, signed by District Judge Dale A. Drozd on 12/8/2017. (All proceedings in the matter are stayed until March 1, 2018.)(Gaumnitz, R)
November 15, 2016	Filing 374 ORDER Approving the Filing of Radian's Cendant Mortgage, Captive Mortgage Reinsurance Presentation Under Seal, signed by District Judge Dale A. Drozd on 11/14/2016. (1. Plaintiffs' unopposed 361 motion to seal is granted; 2. Radians Cedant Mortgage, Captive Mortgage Reinsurance Presentation, Exhibit twenty-two in support of plaintiff's motion for summary judgment (Doc. No. 340-4 at 79), shall be filed under seal.)(Gaumnitz, R)
November 1, 2016	Filing 373 JOINT STIPULATION and ORDER Continuing the Trial Schedule, signed by District Judge Dale A. Drozd on 11/1/2016. (Pretrial Conference is continued to 4/3/2017, at 02:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial is continued to 5/31/2017, at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.) (Gaumnitz, R) Modified (corrected trial date) on 11/1/2016 (Gaumnitz, R).
October 12, 2016	Filing 366 ORDER GRANTING the Parties' Joint 359 Stipulation Continuing Briefing Schedule and Hearing Date for Pending Motions, signed by District Judge Dale A. Drozd on 10/11/2016. (1) The hearing on the pending 340 342 motions for summary judgme nt, the 336 350 motions to strike expert witnesses and defendants' 339 motion to decertify the class will now be held on December 20, 2016, at 9:30 a.m.; 2) The oppositions to the pending motions to strike expert witnesses shall be filed on or before November 18, 2016; and 3) The reply briefs with respect to all pending motions shall be filed on or before December 6, 2016.)(Gaumnitz, R)
October 6, 2016	Filing 358 ORDER Granting Plaintiffs' Unopposed 357 Motion for Leave to File Out of Time Nunc Pro Tunc, signed by District Judge Dale A. Drozd on 10/6/2016. (Doc. No. 355 is deemed filed timely on October 4, 2016.) (Gaumnitz, R)
October 5, 2016	Filing 356 ORDER Approving the Filing of Redacted Briefs and Place Holder Exhibits (Doc. 349 ), signed by District Judge Dale A. Drozd on 10/4/2016. (Gaumnitz, R)
September 19, 2016	Filing 345 ORDER on 344 STIPULATION to Extend Briefing Schedule for Defendants' 336 MOTION to STRIKE, signed by District Judge Dale A. Drozd on 9/17/2016. (1. Plaintiffs' Opposition shall be filed by 10/25/2016. 2. Defendants' reply brief shall be filed by 11/8/2016. 3. The hearing date for the Motion to Strike Plaintiffs' Experts shall be continued to 11/15/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
September 16, 2016	Filing 343 ORDER Denying Joint Administrative 335 Motion for Leave to File Under Seal, signed by District Judge Dale A. Drozd on 9/16/2016. (Gaumnitz, R)
February 11, 2016	Filing 322 ORDER DENYING Defendants' Motion for Protective Order to Prevent Plaintiffs from Conducting Nineteen Depositions, without prejudice, as MOOT. (Doc. 311) ORDER DENYING Plaintiffs' Motion to Compel Depositions of Defendants' Employees, without prejudice, as MOOT. (Doc. 313) ORDER DENYING Plaintiffs' Motion for Protective Order Limiting the Scope of the Recently Noticed Plaintiffs' Depositions to Topics Unrelated to Class Certification. (Doc. 312) signed by Magistrate Judge Barbara A. McAuliffe on 2/11/2016. (Herman, H)
October 20, 2015	Filing 304 ORDER Regarding Joint Motion for Approval of the Proposed Form and Manner of Notice of Pendency of Class Action (Doc. 302). signed by Magistrate Judge Barbara A. McAuliffe on 10/16/2015. (Herman, H)
October 1, 2015	Filing 301 ORDER Re: Interlocutory Appelate Certification, signed by District Judge Anthony W. Ishii on 10/1/2015. (IT IS HEREBY ORDERED THAT Plaintiffs' 294 motion for interlocutory appeal is DENIED.) (Gaumnitz, R)
June 11, 2015	Filing 288 ORDER on 230 FINDINGS AND RECOMMENDATIONS Regarding Motion For Class Certification (Docs. 114 117 and 230 ), signed by District Judge Anthony W. Ishii on 6/10/2015. (IT IS HEREBY ORDERED: (1) The portions of the Findings and Recommendations filed May 15, 2013 (Doc. 230) regarding the tolling subclass are now MOOT. (2) The remainder of the Findings and Recommendations is ADOPTED IN FULL.)(Gaumnitz, R)
May 22, 2015	Filing 284 ORDER re Defendants' 276 Motion to Dismiss Plaintiffs' Second Amended Complaint and to Strike Certain Allegations, signed by District Judge Anthony W. Ishii on 5/21/2015. (Gaumnitz, R)
October 6, 2014	Filing 271 ORDER GRANTING Joint Administrative 270 Motion Leave to File Under Seal Plaintiff's Second Amended Class Action Complaint and the Exhibits Attached thereto, signed by Magistrate Judge Barbara A. McAuliffe on 10/6/2014. (Martin-Gill, S)
August 18, 2014	Filing 269 ORDER re scheduling signed by District Judge Anthony W. Ishii on 8/18/14. (Nazaroff, H)
August 11, 2014	Filing 266 ORDER Granting 256 Motion for Partial Judgment on the Pleadings and Granting Leave to Amend, signed by District Judge Anthony W. Ishii on 8/11/2014. (IT IS HEREBY ORDERED that: 1. Defendants motion for partial judgment on the pleadings is GRANTED for both equitable tolling and equitable estoppel/fraudulent concealment pleadings; and 2. Plaintiff-intervenor shall have one opportunity to file and serve a further amended complaint to cure deficiencies. Plaintiff-intervenor is afforded twenty (20) days upon filing of this order to comply. Plaintiff-intervenor may not amend any section of the complaint outside of the scope of equitable tolling and equitable estoppel pleadings.) (Gaumnitz, R)
January 31, 2014	Filing 262 Order VACATING hearing date of February 3, 2014, signed by District Judge Anthony W. Ishii on 1/31/2014. (Figueroa, O)
November 14, 2013	Filing 252 ORDER GRANTING the Motion for Leave to File Under Seal the Parties' Supplemental Class Certification Briefs Pursuant to the Court's 7/29/2013, and 8/15/2013 Orders, declarations in support thereof, and confidential briefs, document 248 . Order signed by Magistrate Judge Barbara A. McAuliffe on 11/14/2014. (Rooney, M)
October 29, 2013	Filing 247 ORDER DENYING defendants' Request for Reconsideration, document 243 . Order signed by District Judge Anthony W. Ishii on 10/29/2013. (Rooney, M)
August 15, 2013	Filing 245 Scheduling ORDER Re: Class Discovery and Supplemental Briefing on Class Certification. 1) Cutoff to complete class discovery by 10/31/2013; 2) Plaintiff's shall file their supplemental brief in support of Plaintiff's Motion for Class Cer tification by 11/15/2013; 3) Defendants shall file its supplemental opposition by 12/6/2013; 4) hearing regarding class certification will be held on December 13, 2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 8/14/2013. (Herman, H)
July 29, 2013	Filing 242 ORDER GRANTING Marcella Villalon's Motion to Intervene 231 ; ORDER Request Supplement Briefing on Plaintiff's Motion for Class Certification. STATUS CONFERENCE set for 8/14/2013 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 7/26/2013. (Herman, H)
May 15, 2013	Filing 230 FINDINGS and RECOMMENDATIONS on Plaintiff's Motion for Class Certification: Granted in Part and Denied in Part. Referred to Judge Ishii; Objections to F&R due within 15 days of service of this recommendation. signed by Magistrate Judge Barbara A. McAuliffe on 5/14/2013. (Herman, H)
March 26, 2013	Filing 216 ORDER on Plaintiff's Motion to Strike Affirmative Defenses: is GRANTED. Defendants' Affirmative Defenses No. 1, 4, 5, 15 & 16 are STRICKEN WITHOUT LEAVE TO AMEND. Defendants' Affirmative Defenses No. 6, 10 & 17 are STRICKEN WITH LEAVE TO AMEND. Defendants may file an amended answer no later than fifteen calendar days from the date of service of this Order. signed by Magistrate Judge Barbara A. McAuliffe on 3/26/203. (Herman, H)
February 22, 2013	Filing 210 ORDER GRANTING 199 Plaintiff's Motion to Compel, signed by Magistrate Judge Barbara A. McAuliffe on 2/22/2013. (Figueroa, O)
February 20, 2013	Filing 203 ORDER Granting 201 Joint Request Allowing Plaintiffs to File Under Seal Their Briefing and Supporting Documentation in Support of Plaintiffs' Motion for Class Certification, signed by Magistrate Judge Barbara A. McAuliffe on 2/20/13. (Gonzalez, R)
December 21, 2012	Filing 194 ORDER Continuing Hearing and Briefing on Plaintiffs' Motion for Class Certification and Motion to Strike (Stipulation Doc. 193): 1) The deadline for Plaintiffs to file their supplemental submissions is continued from 1/4/2013 to February 20, 20 13; and (2) The hearing on the Motions currently scheduled for 1/25/2013 is continued to March 22, 2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. As this is the third continuance on Plaintiffs' Motions. No further continuances will be permited. signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2012. (Herman, H)
October 11, 2012	Filing 187 ORDER Motion to continue briefing and hearing dates 186 : for Plaintiff's Motions for Class Certification and to Strike Affirmative Defenses - (1) The deadline for Plaintiffs' to file their supplemental submissions are continued from 10 /23/2012 to 11/13/2012; and (2) The hearing on Motions currently scheduled for 11/2/2012 is rescheduled for December 14, 2012 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2012. (Herman, H)
September 21, 2012	Filing 181 ORDER GRANTING 179 Joint Administrative Motion for Leave to File Under Seal, signed by Magistrate Judge Barbara A. McAuliffe on 9/19/2012. (Marrujo, C)
July 13, 2012	Filing 171 ORDER: (1) That the stay imposed on 9/9/2011 [Doc. 166] is LIFTED; and (2) The STATUS CONFERENCE is Advanced from 9/17/2012 to Tuesday, August 21, 2012 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 7/13/2012. (Herman, H)
September 9, 2011	Filing 167 ORDER DENYING 98 Motion to Strike, 107 Motion for Summary Judgment, and 114 Motion for Class Certification without Prejudice signed by Chief Judge Anthony W. Ishii on 9/9/2011. (Sant Agata, S)
May 10, 2011	Filing 156 STIPULATION and ORDER to continue the hearing date on PLAINTIFF'S 114 MOTION to CERTIFY CLASS: Motion Hearing IS RESET from 5/13/2011 to 7/8/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 5/10/2011. (Hernandez, M)
May 3, 2011	Filing 137 ORDER GRANTING Joint Administrative Motion for Leave to File Under Seal, signed by Magistrate Judge Dennis L. Beck on 5/3/11. (Hellings, J)
April 19, 2011	Filing 132 ORDER Extending Time for Plaintiffs to File their Reply in Support of their Motion for Class Certification signed by Magistrate Judge Dennis L. Beck on 4/19/2011. ( Replies due by 4/29/2011) (Figueroa, O)
March 15, 2011	Filing 125 ORDER Granting Joint Administrative Motion for Leave to File Under Seal, signed by Magistrate Judge Dennis L. Beck on 3/14/11. (Verduzco, M)
March 3, 2011	Filing 122 ORDER vacating hearing date of March 7, 2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 3/3/2011. (Nazaroff, H)
February 10, 2011	Filing 106 ORDER GRANTING Joint Administrative Motion for Leave to File Under Seal signed by Chief Judge Anthony W. Ishii on 2/9/2011. Court GRANTS Leave to File Under Seal the Memorandum, Ciolko Decl., and the Confidential and Highly Confidential Exhibits Annexed to the Ciolko Decl. (Sant Agata, S)
February 7, 2011	Filing 104 ORDER GRANTING Joint Administrative 103 Motion for Leave to File under SEAL signed by Chief Judge Anthony W. Ishii on 2/7/2011. Court hereby GRANTS Defendants Leave to File Under Seal the Motion for Summary Judgment, Declarations in Support of Motion for Summary Judgment, and the Confidential Exhibits annexed to Declarations. (Sant Agata, S)
December 2, 2010	Filing 95 ORDER Establishing Briefing and Hearing Scheduling on Motion for Class Certification and Motion for Summary Judgment, signed by Chief Judge Anthony W. Ishii on 12/2/10: Amended Complaint due by 12/10/2010; Defendants' Answer due 12/24/2010; P laintiff's Motion for Class Certification due February 11, 2011; Defendants' Motion for Summary Judgment due February 11, 2011;Defendants shall file their Opposition to Plaintiffs Motion for Class Certification on or before March 17, 2011; Plaintiffs shall file their Opposition to Defendants Motion for Summary Judgment on or before March 17, 2011; Plaintiffs shall file their Reply in Support of their Motion for Class Certification on or before April 21, 2011; Defendants shall file their Reply in Support of their Motion for Summary Judgment on or before April 21, 2011; and The Hearing on Plaintiffs Motion for Class Certification and Defendants Motion for Summary Judgment will be on May 16, 2011 at 1:30 p.m.. (Hellings, J)
September 15, 2010	Filing 93 ORDER Regarding 67 Motion for Class Certification signed by Chief Judge Anthony W. Ishii on 9/15/2010. The court ORDERS that Plaintiffs motion for class certification is DENIED without prejudice. (Bradley, A)
July 27, 2010	Filing 92 ORDER EXTENDING Briefing and Hearing Schedule on Plaintiff's Reply to Defendants' Opposition to Class Certification signed by Chief Judge Anthony W. Ishii on 7/26/2010. Plaintiffs' Reply due by 9/24/2010; Motion Hearing set for 12/6/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Sant Agata, S)
July 23, 2010	Filing 91 Stipulated addendum and ORDER regarding production of documents by non-parties. Order signed by Magistrate Judge Dennis L. Beck on 7/22/2010. (Hernandez, M)
April 9, 2010	Filing 80 ORDER GRANTING Joint Administrative 78 Motion for Leave to File Under Seal signed by Chief Judge Anthony W. Ishii on 4/8/2010. Order Granting Parties Leave to File Under Seal the Opposition, Declarations in Support of the Opposition, and the Confidential Exhibits annexed to the Declarations and identified in the Motion. (Sant Agata, S)
March 12, 2010	Filing 77 ORDER EXTENDING Briefing and Hearing Schedule on Motion for Class Certification 67 , signed by Chief Judge Anthony W. Ishii on 3/12/10: Plaintiffs' Motion RESCHEDULED to 6/21/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Hellings, J)
February 19, 2010	Filing 74 ORDER Extending Briefing Schedule on Motion for Class Certification, signed by Chief Judge Anthony W. Ishii on 2/19/2010. Opposition due by 3/19/2010. Reply due by 4/19/2010. (Sondheim, M)
November 23, 2009	Filing 62 ORDER Extending Briefing and Hearing Schedule on Motion for Class Certification, signed by Chief Judge Anthony W. Ishii on 11/20/2009. (Opposition Deadline: 3/2/2010, Reply Deadline: 3/31/2010, Motions due by 2/1/2010, and Motion Hearing set for 5/10/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii) (Martin, S)
September 18, 2009	Filing 60 ORDER DENYING 30 Defendants' Motion on the Pleadings, signed by Chief Judge Anthony W. Ishii on 9/17/2009. (Jessen, A)
September 9, 2009	Filing 59 ORDER Extending Briefing and Hearing Schedule on Motion for Class Certification signed by Chief Judge Anthony W. Ishii on 9/4/2009. (Motion for Class Certification due by 12/9/2009; Defendant's Opposition Deadline: 1/11/2010; Plaintiff's Reply Deadline: 2/12/2009; Motion for Class Certification Hearing set for 3/8/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii) (Figueroa, O)
August 5, 2009	Filing 56 ORDER Extending Briefing and Hearing Schedule on Motion for Class Certification signed by Chief Judge Anthony W. Ishii on 8/03/2009. Motion for Class Certification due by 10/16/2009; Oppostion due by 11/20/2009; Reply due by 12/21/2009; Motion for Class Certification set for 2/1/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii.(Flores, E)
January 29, 2009	Filing 47 ORDER vacating hearing date of February 2, 2009 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 1/29/09. (Nazaroff, H)
January 5, 2009	Filing 41 SECOND STIPULATION and ORDER Extending Briefing and Hearing Schedule on Defendants' Motion for Judgment on the Pleadings 30 , signed by Chief Judge Anthony W. Ishii on 1/5/09: Said Motion CONTINUED from 1/26/09 to 2/2/2009 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Hellings, J)

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Search for this case: Munoz, et al. vs. PHH Mortgage Corp., et al.
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Plaintiff: Efrain Munoz
Represented By:	Alan R Plutzik
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Plaintiff: Leona Lovette
Represented By:	Alan R Plutzik
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Plaintiff: Stephanie Melani
Represented By:	Alan R Plutzik
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Defendant: PHH Mortgage Corp.
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Defendant: PHH Corp.
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Defendant: PHH Home Loans, LLC
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Defendant: Atrium Insurance Corp.
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