Necer v. PHH Mortgage Corporation et al
| Amalia Necer |
| PHH Mortgage Corporation and Western Progressive LLC |
| 1:2021cv01730 |
| December 6, 2021 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Jennifer L Thurston |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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Filing 25
MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion to dismiss #20 will be decided on the papers. No hearing will be calendared. The hearing date selected by the movant will nonetheless serve to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). The parties are further informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on February 18, 2022. (Munoz, I)
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Filing 24
ORDER GRANTING #23 Joint Stipulation to Continue Hearing Date on #20 Defendants' Motion to Dismiss Plaintiff's Complaint and Mandatory Scheduling Conference, signed by Magistrate Judge Barbara A. McAuliffe on 2/16/2022. 3/1/2022 hearing date on Defendants' Motion to Dismiss is CONTINUED TO 5/30/2022, and Defendants' reply, if any, due on or before 5/23/2022. 2/24/2022 Scheduling Conference is CONTINUED to 8/18/2022 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. (Rivera, O)
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| Filing 23 STIPULATION and PROPOSED ORDER for To Continue Hearing Date on Defendants' Motion to Dismiss Plaintiff's Complaint and Mandatory Scheduling Conference re #20 MOTION to DISMISS by PHH Mortgage Corporation, Western Progressive LLC. (Wozniak, Lukasz) |
| Filing 22 OPPOSITION by Plaintiff Amalia Necer to #20 MOTION to DISMISS. (Murphy, Susan) |
| Filing 21 NOTICE OF INTERESTED PARTIES by PHH Mortgage Corporation, Western Progressive LLC. (Wozniak, Lukasz) |
| Filing 20 MOTION to DISMISS by PHH Mortgage Corporation, Western Progressive LLC. Attorney Wozniak, Lukasz Iwo added. Motion Hearing set for 3/1/2022 at 09:30 AM in cvbFRES Fresno before District Judge Jennifer L. Thurston. (Wozniak, Lukasz) |
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Filing 19
Order granting joint stipulation for extension of time to respond to Plaintiff's complaint, signed by Magistrate Judge Barbara A. McAuliffe on 1/18/2022. (Rosales, O.)
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Filing 18
MINUTE ORDER (TEXT Only): Due to the temporary magistrate judge referral, the Scheduling Conference currently set for February 24, 2022 is HEREBY RESET to February 24, 2022 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference (see attached). The parties shall appear at the conference remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2022. (Valdez, E)
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Filing 17
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. Documents filed in this case shall continue to include the temporary magistrate judge initials *(BAM)* until such time as a new Bakersfield magistrate is appointed. (Gonzalez, R)
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| Filing 16 NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Barbara A. McAuliffe* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(BAM)* (Sant Agata, S) |
| Filing 15 STIPULATION re #1 Complaint,, Joint Stipulation for Extension of Time to Respond to Plaintiff's Complaint by PHH Mortgage Corporation. (Attachments: #1 Proposed Order)(Wozniak, Lukasz) |
| Filing 14 SUMMONS RETURNED EXECUTED: Western Progressive LLC served on 12/10/2021, answer due 12/31/2021. (Murphy, Susan) |
| Filing 13 SUMMONS RETURNED EXECUTED: PHH Mortgage Corporation served on 12/10/2021, answer due 12/31/2021. (Murphy, Susan) |
| Filing 12 JOINT STATEMENT of Joint Statement Regarding Rescission of the Foreclosure Sale of the Property Located at 13608 Providence Place, Bakersfield, CA 93314 filed by Plaintiff Amalia Necer. (Murphy, Susan) |
| Filing 11 NOTICE of CHANGE of ADDRESS by Susan M Murphy. (Murphy, Susan) |
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Filing 10
ORDER GRANTING #9 Stipulation to Withdraw Motion for Temporary Restraining Order #2 and Order for Joint Status Report, signed by Magistrate Judge Jennifer L. Thurston on 12/10/2021. Joint status report due by 12/29/2021. (Hall, S)
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| Filing 9 STIPULATION RE: WITHDRAWAL OF PLAINTIFF'S EX PARTE ON TEMPORARY RESTRAINING ORDER AND REQUEST FOR SETTING A STATUS CONFERENCE by PHH Mortgage Corporation. Attorney Wozniak, Lukasz Iwo added. (Wozniak, Lukasz) |
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Filing 8
MINUTE ORDER (Text Only Entry) The court has received and reviewed plaintiff's pending application for a temporary restraining order ("TRO") filed in this matter #2 and preliminarily finds that it appears to satisfy the threshold requirements for issuance of a TRO. However, under the undersigned's standing order, in all but the most extraordinary circumstances, the court will afford the responding party at least 24 hours from the date of service to respond to an application for a TRO. The record now reflects that service was effected on December 7, 2021 at 1:30 pm (PST). Therefore, defendants are instructed to file any response to plaintiff's application in writing on or before 4:00 pm (PST) on December 9, 2021. If ECF access has not yet been granted to defense counsel by this deadline, defendant may submit any response to noneorders@caed.uscourts.gov with a copy provided to plaintiff's counsel. Plaintiff's counsel is directed to immediately arrange service of this minute order upon defendants signed by District Judge Dale A. Drozd on December 8, 2021. (Munoz, I)
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| Filing 7 DECLARATION of Jaclyn Loberg re #2 Motion for TRO,,. (Murphy, Susan) |
| Filing 6 CIVIL COVER SHEET by Amalia Necer (Murphy, Susan) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 2/24/2022 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Clarification Order, #5 Consent Form, #6 VDRP) (Flores, E) |
| Filing 4 SUMMONS ISSUED as to *PHH Mortgage Corporation, Western Progressive LLC* with answer to complaint due within *21* days. Attorney *Susan M Murphy* *Gomez & Simone* *3055 Wilshire Boulevard, Suite 550* *Los Angeles, CA 90010*. (Flores, E) |
| Filing 3 CLERK'S NOTICE to attorney Susan M Murphy. A Civil Cover Sheet Under Local Rule 3-200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Lundstrom, T) |
| Filing 2 MOTION for TEMPORARY RESTRAINING ORDER by Amalia Necer. (Attachments: #1 Memorandum Points and Authorities in support of Temporary Restraining Order and Preliminary Injunction, #2 Proposed Order, #3 Declaration Jaclyn Loberg re: ex parte notice, #4 Declaration Attorney Susan Murphy in support of Ex Parte Application, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12)(Murphy, Susan) |
| Filing 1 COMPLAINT for Wrongful Foreclosure, Breach of Contract, Fraud, Promissory Estoppel and Violation of the Business and Professions Code section 17200 against All Defendants by Amalia Necer. Attorney Murphy, Susan M added. (Filing fee $ 402, receipt number ACAEDC-9959905) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Affidavit Verification of Complaint)(Murphy, Susan) |
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