Cho et al v. Select Portfolio Servicing, Inc. et al
| Jung Hyun Cho- PREFILING ORDER, Kyu Hwang Cho, Eun Sook Cho and Eui Hyun Cho |
| Select Portfolio Servicing, Inc., Deutsche Bank National Trust Company, Bank of America, WMC Mortgage LLC, The Wolf Firm, Ronald Lee and Solano County Tax Assessor |
| 2:2017cv01073 |
| May 22, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Carolyn K. Delaney |
| Kimberly J. Mueller |
| Foreclosure |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
162
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/14/2018 GRANTING Defendant's Motion to Dismiss 106 , 107 , 109 , 112 , 115 , 116 ; the action is DISMISSED as to all defendants with prejudice; Plaintiffs' Motion to Compel 126 is DENIED as MOOT; the Clerk of Court shall close this case. (Reader, L)
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Filing
122
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/29/18: HEARING as to Motions to Dismiss 106 , 107 , 109 , 112 , 115 , 116 RESET for 8/1/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiffs shall file any opposition to the pending motions to dismiss by July 18, 2018. Motion to compel discovery 117 is DENIED. Motion to utilize the electronic filing system 118 is DENIED. (Kaminski, H) Modified on 6/29/2018 (Streeter, J).
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Filing
102
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/20/2018 ORDERING that the 100 Findings and Recommendations are VACATED. No later than 5/10/2018, plaintiffs shall file an amended complaint that complies with the terms of the court's 91 order. Failure to comply with the terms and deadlines of this order will result in a recommendation of dismissal of the action with prejudice. (Zignago, K.)
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Filing
100
ORDER and FINDINGS and RECOMMENDATIONS (F&R) signed by Magistrate Judge Carolyn K. Delaney on 4/5/2018 RECOMMENDING that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) and the Clerk of Court be directed to vacate all dates and close this case. In light of these recommendations, IT IS ALSO HEREBY ORDERED that all pleading, discovery, and motion practice in this action are STAYED pending resolution of the F&R. With the exception of objections to the F&R and any non-frivolous motions for emergency relief, the court will not entertain or respond to any motions and other filings until the F&R are resolved. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these F&R. (York, M)
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Filing
96
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/22/18 ORDERING that Within 14 days of this order, Plaintiffs shall file either: a. an amended complaint, consistent with the court's 1/16/18 order (ECF No. 91 ), or b. a stipulated dismissal, signed by all parties, pursuant to FRCP 41(a)(1)(A) (ii).(Mena-Sanchez, L)
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Filing
91
ORDER signed by District Judge Kimberly J. Mueller on 1/16/2018 ADOPTING 84 Findings and Recommendations but with limited leave to amend. GRANTING 17 , 19 , 30 , 23 , 32 Motion to Dismiss Only one defendant, Ronald Lee, has not moved to dismi ss. Nonetheless, the conclusions listed below result in no claims remaining against him. DISMISSING 1 Complaint: Dismissal is with prejudice as to claims 2-6 and 8-13 to extent they are brought by plaintiffs Kyu Hwang Cho, Eun Sook Cho, and Eui Hyu n Cho, because they are not borrowers on the mortgage and so have no standing to bring claims based on it; Dismissal is with prejudice as to all claims brought under the False Claims Act or the Home Affordable Modification Program because neither sta tute provides plaintiffs a private right of action; Dismissal is with leave to amend as to all remaining claims. Any amendment shall be filed within 14 days of this order. 43 Motion for Judgment, 44 Motion to Strike, 47 Motion for Preliminary Injunction, 79 Motion for Reconsideration and order to show cause are all DENIED and MOOT. GRANTING in PART 85 , 87 Motion to Amend the Complaint as explained.(Washington, S)
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Filing
84
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/6/2017: RECOMMENDING that 17 , 19 , 23 , 30 , 32 Motions to Dismiss be GRANTED; the 1 Complaint be DISMISSED, without leave to amend; 22 Motion for More Defin ite Statement, 43 Motion for Judgment, 44 Motion to Strike, 47 Motion for Preliminary Injunction Motion, and 79 Motion for Reconsideration be DENIED AS MOOT; and the Clerk of Court be directed to close this case. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Washington, S)
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Filing
82
ORDER signed by District Judge Kimberly J. Mueller on 8/23/2017 DECLINING to refer this matter to the Magistrate Judge under 28 USC 636(c) at this juncture. The Magistrate Judge may proceed as provided by Local Rule 302 to 304. (Donati, J)
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Filing
70
ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 8/15/17: Plaintiffs' motion for emergency temporary restraining order and preliminary injunction 61 is DENIED without prejudice. Within seven (7) days of the date of this order plaintiffs SHALL SHOW CAUSE in writing as to why this action should not be dismissed due to a lack of subject matter jurisdiction. (Kaminski, H)
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