Garder III v. Nationstar Mortgage LLC et al
Plaintiff: Edgar Gardner, III
Defendant: Nationstar Mortgage LLC and RSM&A Foreclosure Services, LLC
Case Number: 2:2014cv01583
Filed: July 3, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Troy L. Nunley
Nature of Suit: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
June 18, 2015 Opinion or Order Filing 23 STIPULATION and ORDER 22 for Dismissal signed by District Judge Troy L. Nunley on 6/17/2015. Defendant Nationstar Mortgage LLC is DISMISSED with prejudice. Each party shall bear its own fees and costs. (Marciel, M)
April 24, 2015 Opinion or Order Filing 21 STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 4/23/2015 ORDERING the plaintiff to file and serve the First Amended Complaint by 5/14/2015. (Michel, G.)
April 13, 2015 Opinion or Order Filing 19 ORDER signed by District Judge Troy L. Nunley on 4/9/2015 ORDERING that Plaintiff has until 4/23/2015 to file and serve the First Amended Complaint. (Zignago, K.)
March 26, 2015 Opinion or Order Filing 17 ORDER signed by District Judge Troy L. Nunley on 3/25/2015 GRANTING in part and DENYING in part defendants' 4 Motion to Dismiss. Defendants' 4 Motion to Dismiss is GRANTED with respect to claim 1 (breach of implied covenant of good faith ); claim 2 (California Civil Code § 2923.5); claim 3 (intentional misrepresentation); claim 4 (unfair and deceptive business practices); claim 5 (Californias UCL); claim 6 (cancellation of instruments); claim 8 (declaratory relief); and claim 9 (injunctive relief). Plaintiff is given leave to amend these claims. Defendants' 4 Motion to Dismiss is DENIED with respect to claim 7, to the extent plaintiff states a claim under Cal. Civ. Code § 2924.10. Otherwise, the 4 Motion to di smiss is GRANTED with respect to Cal. Civ. Code §§ 2924.11, 2923.7, 2924.17, and 2924(a)(6), which are also cited in this cause of action. Plaintiff is given leave to amend claim 7. Plaintiff shall file and serve a First Amended Complaint w ithin 14 days of entry of this Order. The First Amended Complaint should comply with Fed. R. Civ. Proc. 8, which requires "a short and plain statement" of plaintiff's entitlement to relief. Defendants shall file their responsive pleading within 21 days of service of the First Amended Complaint. (Marciel, M)
December 16, 2014 Opinion or Order Filing 16 ORDER signed by District Judge Troy L. Nunley on 12/16/2014 DENYING 6 Plaintiff's Motion to Remand. (Reader, L)
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Plaintiff: Edgar Gardner, III
Represented By: Gary Saunders
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Defendant: Nationstar Mortgage LLC
Represented By: Megan E. Gruber
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Defendant: RSM&A Foreclosure Services, LLC
Represented By: Christopher Hoo
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