Miller v. Bayview Loan Servicing, LLC et al
Plaintiff: Herbert Miller
Defendant: Bayview Loan Servicing, LLC and Placer Title Company
Case Number: 2:2017cv00136
Filed: January 20, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Placer
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: All Other Real Property
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 20, 2017 Opinion or Order Filing 25 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/20/2017 RECOMMENDING that Bayview's 18 motion to dismiss be granted in part. Plaintiff's federal claims for violation of the FDCPA and TILA be dism issed with prejudice. The remaining state law claims be dismissed without prejudice. Bayview's 17 motion to strike be denied without prejudice as moot. Plaintiff's 9 request for approval of a notice of lis pendens be denied. The Clerk o f Court be directed to close this case. IT IS ALSO HEREBY ORDERED that all pleading, discovery and motion practice in this action are STAYED pending resolution of the findings and recommendations. Motions referred to Judge John A. Mendez. Objections to F&R due within 14 days. CASE STAYED. (Zignago, K.)
March 17, 2017 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Kendall J. Newman on 3/17/2017 DEFERRING the ruling on 9 Request for Approval of Notice of Lis Pendens pending resolution of the defendant's anticipated Motion to Dismiss. (Michel, G.)
February 17, 2017 Opinion or Order Filing 10 ORDER signed by District Judge John A. Mendez on 2/16/2017 ORDERING that this action is DISMISSED without prejudice for failure to pay the filing fee. The Clerk of Court shall close this case. CASE CLOSED. (Zignago, K.)
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Plaintiff: Herbert Miller
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Defendant: Bayview Loan Servicing, LLC
Represented By: Michael W. Carruth
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Defendant: Placer Title Company
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