Arnold et al v. Stearns Lending Services, LLC et al
| Kimbly Arnold and Byron Arnold |
| Stearns Lending Services, LLC, Lakeview Loan Servicing, LLC, LoanCare, LLC and ISN Corporation Services for HUD and Lisa, Employees |
| 1:2022cv01534 |
| November 30, 2022 |
| US District Court for the Eastern District of California |
| Sheila K Oberto |
| Jennifer L Thurston |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 14
MINUTE ORDER (TEXT ENTRY ONLY) On December 15, 2022, Plaintiffs filed a document entitled "Motion to Stay Action Contractual Agreements and Proposed Order to Show Cause Re Preliminary Injunction." (Doc. 10.) The filing is noticed for hearing on January 20, 2022, (not 2023) before Judge Sonny S. Sandu, who is not a judge of this Court. The motion therefore does not comport with this Court's local Rule 230(b), which, among other things, requires all motions to be "noticed on the motion calendar of the assigned Judge or Magistrate Judge.... not less than thirty-five (35) days after service and filing of the motion." Though under some circumstances the Local Rules permit the Clerk of Court to cure a defectively noticed motion by providing an appropriate hearing date to the moving party and requiring re-notice of the motion, here it remains unclear whether the Plaintiffs intended to file the motion in this Court. If Plaintiffs do intend to present the motion to this Court, Plaintiffs are directed to file a notice of motion, choosing a motion hearing date at least 35 days from the date of their notice. (In so doing, Plaintiffs need only file a new notice of motion; they do not need to re-file the other motions papers.) If Plaintiffs do not re-notice the motion, the Court will give the filing no further consideration signed by District Judge Jennifer L. Thurston on January 20, 2023. (Munoz, I)
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| SERVICE BY MAIL: 14 Minute Order on Motion to Stay served on Byron Arnold, Kimbly Arnold. (Munoz, I) |
| Filing 13 RESPONSE by LoanCare, LLC to #11 Order, Set/Reset Deadlines and Hearings. (Nunley, Charles) |
| Filing 12 CERTIFICATE / PROOF of SERVICE by LoanCare, LLC re #11 Order, Set/Reset Deadlines and Hearings. (Nunley, Charles) |
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Filing 11
ORDER to Show Cause re Federal Question Jurisdiction, signed by District Judge Jennifer L. Thurston on 12/19/2022. Thirty-Day Deadline. (Maldonado, C)
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| SERVICE BY MAIL: #11 Order served on Byron Arnold, Kimbly Arnold. (Maldonado, C) |
| Filing 10 MOTION to STAY Action by Byron Arnold, Kimbly Arnold. (Marrujo, C) |
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Filing 9
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the recently-filed motion to dismiss #5 will be heard and decided by the undersigned. As set forth in the undersigned's standing order, no hearing will be calendared, and the matter will be decided on the papers. 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 is likely to be six or more months until the motion(s) in this matter is resolved. The Court reiterates that magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should the parties jointly wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on December 14, 2022. (Munoz, I)
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| SERVICE BY MAIL: 9 Minute Order served on Byron Arnold, Kimbly Arnold. (Munoz, I) |
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Filing 8
STANDING ORDER signed by District Judge Jennifer L. Thurston on 12/12/2022. (Marrujo, C)
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| SERVICE BY MAIL: #8 Standing Order served on Byron Arnold, Kimbly Arnold. (Marrujo, C) |
| Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Sheila K. Oberto. The new case number is: 1:22-cv-1534 JLT-SKO. (Flores, E) |
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Filing 6
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 12/8/2022: (Text Only Entry) Due to the status of the case, the Clerk of Court is DIRECTED to assign a district judge to this action. (Kusamura, W)
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| SERVICE BY MAIL: 6 Minute Order served on Byron Arnold, Kimbly Arnold. (Kusamura, W) |
| SERVICE BY MAIL: 7 Clerk's Notice Reassigning Case served on Byron Arnold, Kimbly Arnold. (Flores, E) |
| Filing 5 MOTION to DISMISS by LoanCare, LLC. Motion Hearing set for 1/25/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Nunley, Charles) |
| Filing 4 CERTIFICATE / PROOF of SERVICE by LoanCare, LLC re #2 Civil New Case Documents for Magistrate as Presider, #3 Consent/Decline of Magistrate Judge Jurisdiction,. (Nunley, Charles) |
| Filing 3 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Nunley, Charles) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/28/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Appendix A(m), #2 Consent Form, #3 Informational Order) (Sant Agata, S) |
| Filing 1 NOTICE of REMOVAL from Stanislaus Superior Court, case number CV22004332 by Byron Arnold, Kimbly Arnold. (Filing fee $ 402, receipt number ACAEDC-10571229) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Notice Certificate of Interested Parties, #3 Proof of Service Proof of Service)(Nunley, Charles) |
| SERVICE BY MAIL: #2 Civil New Case Documents for Magistrate as Presider, served on Byron Arnold, Kimbly Arnold. (Sant Agata, S) |
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