Edwards v. Aurora Loan Services, LLC
| Chieu Edwards |
| Aurora Loan Services, LLC |
| 2:2010cv00092 |
| January 12, 2010 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Lawrence K. Karlton |
| Kendall J. Newman |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| Plaintiff |
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Filing
46
ORDER adopting 45 FINDINGS AND RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 7/6/11: The motion to dismiss plaintiff's First Amended Complaint is granted 30 . Defendant's requests for judicial notice is granted. Defendant's motion to expunge the lis pendens is granted 32 . Defendant's request for attorneys' fees is denied 32 . The Clerk of Court is directed to close this case and vacate all future dates.(Kaminski, H)
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Filing
45
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/29/11: IS HEREBY RECOMMENDED that the motion to dismiss plaintiff's First Amended Complaint be granted 30 . All claims alleged in plaintiff's First Amended Comp laint as against defendant Aurora Loan Services, LLC be dismissed with prejudice 29 . Defendant's requests for judicial notice be granted 30 , 32 . Defendant's motion to expunge the lis pendens 32 be granted. Defendant's request for attorneys fees 32 be denied. Plaintiff's action be dismissed with prejudice and the Clerk of Court close this case and vacate all future dates in this case. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
39
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 9/7/2010 ORDERING that The hearing on defendant's 32 motion to dismiss and 30 motion to expunge lis pendens is continued to October 7, 2010 at 10:00 a.m. before the undersi gned. Plaintiff shall show cause in writing, no later than September 23, 2010, why sanctions should not be imposed for failure to timely file an opposition or statement of non-opposition to the pending motions, particularly in light of the court 9;s prior issuance of an order to show cause to plaintiff on these same grounds. Plaintiff shall file an opposition to the motions, or a statement of non-opposition thereto, no later than September 23, 2010. Failure of plaintiff to file an oppositi on will be deemed a statement of non-opposition to the pending motions, and may result in a recommendation that defendant's motion to dismiss and motion to expunge lis pendens be granted and/or that this action be dismissed for lack of prosecution. Defendant may file a reply to plaintiff's opposition, if any, on or before September 30, 2010.(Duong, D)
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Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2010 ORDERING 9 Defendant's request for judicial notice is GRANTED; dft's 8 motion to dismiss is GRANTED; pltf's complaint is DISMISSED without prejudice; Pltf is GRANTED le ave to file an amended complaint within 30 days of the date of this order; dft's 11 motion to expunge lis pendens is DENIED without prejudice; dft is required to file a responsive pleading or motion within 30 days of the date of pltf's filing of any amended complaint. (Reader, L)
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Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/10 ORDERING that the hrg on dft's motion to dismiss and motion to expunge lis pendens is CONTINUED to 6/17/10; the court's 4/12/10 order to show cause is DISCHARGED; Pltf shall file an opposition to the motions, no later than 6/3/10; and Dft's counsel's request to appear telephonically at the 6/17/10 hrg is GRANTED. Dft's counsel must contact the undersigned's deputy clerk no later than 6/10/10 to provide the court with a direct telephone number where counsel may be reached at least ten minutes prior to the time of the hrg. (Becknal, R)
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Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/10 ORDERING the hearings on dft's motion to dismiss and motion to expunge lis pendens 8 , 11 is CONTINUED to 5/13/10 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; pltf shall SHOW CAUSE in writing no later than 4/29/10 why sanctions should not be imposed for failure to file an opposition or a statement of non-opposition to the pending motions; pltf shall file an opposition to the motions no later than 5/5/10; dft may file a reply to pltf's opposition, if any, on or before 5/6/10. (Carlos, K)
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| Plaintiff: Chieu Edwards | |
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| Defendant: Aurora Loan Services, LLC | |
| Represented By: | David Christopher Scott |
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