Olson, et al. v. Specialized Loan Servicing, LLC
| Gary Olson and Vanessa Pinera |
| Specialized Loan Servicing, LLC |
| 1:2023cv00688 |
| May 4, 2023 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Sheila K Oberto |
| Real Property: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Plaintiff |
Docket Report
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| Filing 13 REPLY by Specialized Loan Servicing, LLC to RESPONSE to #7 Motion to Dismiss. (Schneider, Timothy) |
Filing 12
MINUTE ORDER signed by District Judge Ana de Alba on 6/6/2023: (Text Only Entry) On June 2, 2023, Plaintiffs filed a motion to remand. (ECF No. 11.) Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The motion to remand did not contain a declaration regarding efforts to meet and confer. (ECF No. 11.) Therefore, the motion is denied without prejudice. If, after meeting and conferring, Plaintiffs still wish to file a motion to remand, that motion shall be filed no later than five (5) court days following the date of this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions, which can be found at # https://www.caed.uscourts.gov/caednew/assets/File/ADA%20Standing%20Order% 2008242022.pdf(Hernandez, M)
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| Filing 11 MOTION to REMAND by Gary Olson, Vanessa Pinera. (Nowrouzi, Safora) |
| Filing 10 OPPOSITION by Gary Olson, Vanessa Pinera to #7 Motion to Dismiss. (Nowrouzi, Safora) |
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Filing 9
MINUTE ORDER signed by District Judge Ana de Alba on 5/18/2023: (Text Only Entry)The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #7 Motion to Dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency. (Hernandez, M)
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| Filing 8 DECLARATION of Timothy A. Schneider in re #7 Motion to Dismiss. (Schneider, Timothy) |
| Filing 7 MOTION to DISMISS by Specialized Loan Servicing, LLC. Motion Hearing set for 6/26/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Schneider, Timothy) |
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Filing 6
MINUTE ORDER signed by District Judge Ana de Alba on 5/12/2023: (Text Only Entry) *On May 11, 2023, defendant filed a #5 motion to dismiss. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The #5 motion to dismiss does not contain a declaration regarding efforts to meet and confer. Therefore, the motion is denied without prejudice. If, after meeting and conferring, defendant still wishes to file a motion to dismiss, that motion shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions, which can be found at # https://www.caed.uscourts.gov/caednew/assets/File/ADA%20Standing%20Order% 2008242022.pdf(Hernandez, M)
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| Filing 5 MOTION to DISMISS by Specialized Loan Servicing, LLC. Motion Hearing set for 6/26/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Schneider, Timothy) |
| Filing 4 CERTIFICATE / PROOF of SERVICE by Specialized Loan Servicing, LLC re #2 Civil New Case Documents for ADA. (Schneider, Timothy) |
| Filing 3 CLERK'S NOTICE to Attorney, Safora Nowrouzi, NCAED. You are not registered to Practice in the Eastern District of California. You will need to do so through PACER. (Lundstrom, T). |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/29/2023 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Lundstrom, T) |
| Filing 1 NOTICE of REMOVAL from Stanislaus County Superior Court, case number CV-23-001484 by Gary Olson, Vanessa Pinera. (Filing fee $ 402, receipt number ACAEDC-10841805) (Attachments: #1 EX 1 - Complaint, #2 EX 2 - State Court Docket, #3 EX 3 - State Court Notice, #4 Civil Cover Sheet, #5 Certificate of Interested Parties)(Schneider, Timothy) |
| SERVICE BY MAIL: #2 Civil New Case Documents for ADA, 3 Clerk's Notice served on Safora Nowrouzi, NCAED. (Lundstrom, T) |
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