(PS) Lam, et al v Penny Mac, et al
Douglas Ring and Monica K. Lam |
Fidelity National Title, Mass Mutual Life Insurance, Penny Mac, Mortgage Electronic Registration Systems, Wedgewood Inc., Breckenridge Property Fund 2016, Auction.com Inc., Nations Direct Mortgage, LLC and National Default Servicing Corporation |
2:2019cv00709 |
April 26, 2019 |
US District Court for the Eastern District of California |
Carolyn K Delaney |
Troy L Nunley |
Real Property: Other |
Plaintiff |
Docket Report
This docket was last retrieved on June 16, 2020. A more recent docket listing may be available from PACER.
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Filing 61 MINUTES (Text Only) for proceedings before Magistrate Judge Carolyn K. Delaney: MOTION HEARING held on 10/30/2019 re #34 , #39 , #40 , #42 and #49 Motions to Dismiss. Discussion with Defendants counsel. Matter submitted. Written order to issue. Plaintiffs Counsel Pro Se - No appearance. Defendants Counsel, all appearing telephonically, Christopher Rivas, Elaine Yang; Mark Erlich, Megan Lees present. Court Reporter/CD Number: ECRO. (Streeter, J) Modified on 10/31/2019 (Streeter, J). |
SERVICE BY MAIL: 61 Motion Hearing served on Monica K. Lam, Douglas Ring. (Streeter, J) |
Filing 60 REPLY by Penny Mac, Mass Mutual Life Insurance, Mortgage Electronic Registration Systems in SUPPORT of #42 Motion to Dismiss,. (Rivas, Christopher) Modified on 10/24/2019 (York, M). |
Filing 59 REPLY by Breckenridge Property Fund 2016, Wedgewood Inc. re #34 Motion to Dismiss. (Yang, Elaine) |
Filing 58 OPPOSITION/"ANSWER to REQUEST for DISMISSAL" by Monica K. Lam, Douglas Ring to #34 Motion to Dismiss (address updated for both plaintiffs per correction on document). (Benson, A.) |
Filing 57 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 9/18/2019: In light of the parties' outstanding Motions, the Initial Scheduling Conference set for 10/23/2019 is VACATED. The scheduling conference will be reset, if necessary. (Streeter, J) |
SERVICE BY MAIL: 57 Minute Order served on Monica K. Lam, Douglas Ring. (Streeter, J) |
Filing 56 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/17/19 VACATING the hearing date of 9/25/19. Hearing on Defendants' Motions #34 , #40 , #39 , #49 , #42 is CONTINUED to 10/30/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiffs shall file oppositions, if any, to the Motions no later than 10/16/19. Replies, if any, shall be filed no later than 10/23/19. Defendants' requests to appear telephonically were previously granted. (ECF Nos. 38 , 45 , 47 , 52 , 55 . Plaintiffs' "corrected first amended complaint" #32 is STRICKEN. Plaintiffs' 7/19/19 First Amended Complaint #28 is the operative complaint. (Mena-Sanchez, L) |
SERVICE BY MAIL: #56 Order, served on Monica K. Lam, Douglas Ring. (Mena-Sanchez, L) |
Filing 55 CORRECTED MINUTE ORDER (Text Only) by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 8/28/2019: Defendant Auction.com Inc.'s #53 Request to Appear Telephonically at the 10/9/2019 Motion to Dismiss (ECF No. #34 ) hearing is granted. Counsel is instructed to use the following to connect to the call: 877-848-7030 (phone), 7431521 (access code). (Streeter, J) (Streeter, J) Modified on 8/28/2019 (Streeter, J). |
SERVICE BY MAIL: 55 Minute Order served on Monica K. Lam and Douglas Ring. (Streeter, J) |
SERVICE BY MAIL: 55 Corrected Minute Order served on Monica K. Lam and Douglas Ring. (Streeter, J) |
Filing 54 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/27/2019 ORDERING that the hearing date of 9/4/2019 is VACATED. Hearing on defendants' #34 Motion to Dismiss is CONTINUED to 10/9/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiffs shall file an opposition, if any, to the motion no later than 9/25/2019. Reply, if any, shall be filed no later than 10/2/2019. Defendants' request to appear telephonically at the 9/4/2019 hearing was granted on 7/30/2019. Defendants shall be permitted to appear telephonically at the 10/9/2019 hearing following the instructions provided in the court's 38 minute order granting their request. (Zignago, K.) |
SERVICE BY MAIL: #54 Order served on Monica K. Lam, Douglas Ring. (Zignago, K.) |
Filing 53 REQUEST FOR TELEPHONIC APPEARANCE by Auction.com Inc.. (Attachments: #1 Proposed Order, #2 Proof of Service)(Reif, Brandon) |
Filing 52 MINUTE ORDER (Text Only) by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 8/20/2019: Defendants' #51 Request to Appear Telephonically at the 9/25/2019 Motion to Dismiss (ECF No. #49 ) hearing is granted. Counsel is instructed to use the following to connect to the call: 877-848-7030 (phone), 7431521 (access code). (Streeter, J) |
Filing 51 REQUEST FOR TELEPHONIC APPEARANCE at the 9/25/2019 hearing re #49 motion to dismiss, filed by National Default Servicing Corporation by National Default Servicing Corporation. (Attachments: #1 Proof of Service, #2 Proposed Order)(Lees, Megan) Modified on 8/21/2019 (Kastilahn, A). |
SERVICE BY MAIL: 52 Minute Order served on Monica K. Lam, Douglas Ring. (Streeter, J) |
Filing 50 REQUEST for JUDICIAL NOTICE by National Default Servicing Corporation in re #49 Motion to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Lees, Megan) |
Filing 49 MOTION to DISMISS by National Default Servicing Corporation. Attorney Lees, Megan E added. Motion Hearing set for 9/25/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Lees, Megan) |
Filing 48 ANSWER by Auction.com Inc.. Attorney Reif, Brandon S. added.(Reif, Brandon) |
Filing 47 MINUTE ORDER (Text Only) by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 8/16/2019: Defendants' #46 Request to Appear Telephonically at the 9/25/2019 Motion to Dismiss (ECF No. #39 ) hearing is granted. Counsel is instructed to use the following to connect to the call: 877-848-7030 (phone), 7431521 (access code). (Streeter, J) |
SERVICE BY MAIL: 47 Minute Order served on Monica K. Lam, Douglas Ring. (Streeter, J) |
Filing 46 REQUEST FOR TELEPHONIC APPEARANCE at the 9/25/2019 Hearing on #39 Motion to Dismiss by Fidelity National Title. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Johnson, Josette) Modified on 8/16/2019 (York, M). |
Filing 45 MINUTE ORDER (Text Only) by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 8/15/2019: Defendants' #44 Request to Appear Telephonically at the 9/25/2019 Motion to Dismiss/Motion to Strike hearing is granted. Counsel is instructed to use the following to connect to the call: 877-848-7030 (phone), 7431521 (access code). (Streeter, J) |
SERVICE BY MAIL: 45 Minute Order served on Monica K. Lam, Douglas Ring. (Streeter, J) |
Filing 44 REQUEST FOR TELEPHONIC APPEARANCE at the 9/25/2019 Motion hearing re #40 Motion to Strike and #42 Motion to Dismiss by Penny Mac by Penny Mac, Mass Mutual Life Insurance, Mortgage Electronic Registration Systems. (Attachments: #1 Proposed Order) (Rivas, Christopher) Modified on 8/15/2019 (York, M). |
Filing 43 REQUEST for JUDICIAL NOTICE by Penny Mac, Mass Mutual Life Insurance, Mortgage Electronic Registration Systems in re #42 Motion to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Rivas, Christopher) Modified on 8/15/2019 (York, M). |
Filing 42 MOTION to DISMISS by Penny Mac, Mass Mutual Life Insurance, Mortgage Electronic Registration Systems. Attorney Rivas, Christopher O. added. Motion Hearing set for 9/25/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Unpublished Authorities, #2 Proposed Order)(Rivas, Christopher) Modified on 8/15/2019 (York, M). |
Filing 41 REQUEST for JUDICIAL NOTICE by Penny Mac in re #40 Motion to Strike. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Rivas, Christopher) |
Filing 40 MOTION to STRIKE #32 First Amended Complaint by Penny Mac. Attorney Rivas, Christopher O. added. Motion Hearing set for 9/25/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Unpublished Authorities, #2 Proposed Order)( Rivas, Christopher) Modified on 8/15/2019 (York, M). |
Filing 39 MOTION to DISMISS by Fidelity National Title. Motion Hearing set for 9/25/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1Declaration of Rebecca Erickson, #2 Request for Judicial Notice, #3 Proof of Service)(Johnson, Josette) Modified on 8/28/2019 (Benson, A.). |
Filing 38 MINUTE ORDER (Text Only) by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 7/31/2019: Defendants' #37 Request to Appear Telephonically at the 9/4/2019 Motion to Dismiss hearing is granted. Counsel is instructed to use the following to connect to the call: 877-848-7030 (phone), 7431521 (access code).(Streeter, J) |
SERVICE BY MAIL: 38 Minute Order served on Monica K. Lam and Douglas Ring. (Streeter, J) |
Filing 37 REQUEST FOR TELEPHONIC APPEARANCE at the 9/4/2019 Hearing on #34 Motion to Dismiss by Breckenridge Property Fund 2016, Wedgewood Inc. (Yang, Elaine) Modified on 7/31/2019 (York, M). |
Filing 36 PROPOSED ORDER re #34 Motion to Dismiss. (Yang, Elaine) Modified on 7/31/2019 (York, M). |
Filing 35 REQUEST for JUDICIAL NOTICE by Breckenridge Property Fund 2016, Wedgewood Inc. re #34 Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Yang, Elaine) Modified on 7/31/2019 (York, M). |
Filing 34 MOTION to DISMISS by Breckenridge Property Fund 2016, Wedgewood Inc. Motion Hearing set for 9/4/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Yang, Elaine) |
Filing 33 SUMMONS RETURNED: Auction.com Inc., Breckenridge Property Fund 2016, Fidelity National Title, Penny Mac, Mass Mutual Life Insurance, Mortgage Electronic Registration Systems, National Default Servicing Corporation, Nations Direct Mortgage, LLC, and Wedgewood Inc. served on 7/24/2019. (Huang, H) |
Filing 32 [STRIKEN] Operative Complaint is #28 First Amended Complaint pursuant to #31 Order] CORRECTED FIRST AMENDED COMPLAINT against All Defendants by Monica K. Lam, Douglas Ring. (Attachments: #1 Civil Cover Sheet)(Huang, H) Modified on 9/16/2019 (Donati, J). |
Filing 31 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/19 DENYING #30 Motion for Extension of time. The hearing on defendant Fidelity National Title's motion to dismiss #27 is vacated. Defendant shall re-file and re-notice, if necessary, a motion to dismiss plaintiffs' operative first amended complaint #28 in accordance with applicable Federal Rules of Civil Procedure and this court's Local Rules. (Kaminski, H) |
SERVICE BY MAIL: #31 Order, served on Monica K. Lam, Douglas Ring. (Kaminski, H) |
Filing 30 MOTION for EXTENSION OF TIME to file amended complaint re #26 Order by Monica K. Lam, Douglas Ring. (Kaminski, H) |
Filing 29 SUMMONS ISSUED as to *National Default Servicing Corporation* with answer to complaint due within *21* days. Attorney *Monica K. Lam and Douglas Ring* *911 Lakeville Street # 347* *Petaluma, CA 94952*. (Zignago, K.) |
Filing 28 FIRST AMENDED COMPLAINT against all Defendants by Monica K. Lam, Douglas Ring. (Attachments: #1 Civil Cover Sheet) (Zignago, K.) Modified on 9/16/2019 (Donati, J). |
SERVICE AT INTAKE COUNTER: #29 Summons served on Monica K. Lam, Douglas Ring. (Zignago, K.) |
Filing 27 MOTION to DISMISS by Fidelity National Title. Attorney Johnson, Josette D. added. Motion Hearing set for 8/14/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Declaration of Rebecca Erickson, #2 Request for Judicial Notice, #3 Proof of Service)(Johnson, Josette) Modified on 7/23/2019 (Streeter, J). |
Filing 26 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/19/2019 GRANTING #9 Motion to Amend the Complaint. Plaintiffs shall file a first amended complaint within 30 days of the date of this order. IT IS FURTHER ORDERED that the 7/24/2019 hearing on defendants' #21 Motion to Dismiss is VACATED. Defendants shall re-file and re-notice their motion, if necessary, after plaintiffs file their first amended complaint. (York, M) |
SERVICE BY MAIL: #26 Order served on Monica K. Lam, Douglas Ring. (York, M) |
Filing 25 MINUTE ORDER (Text Only) by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 6/18/25019: Defendants' #24 Request to Appear Telephonically at the 7/24/2019 Motion to Dismiss hearing is GRANTED. Counsel is instructed to use the following to connect to the call: 877-848-7030 (phone), 7431521 (access code). (Streeter, J) |
SERVICE BY MAIL: 25 Minute Order served on Monica K. Lam, Douglas Ring. (Streeter, J) |
Filing 24 REQUEST FOR TELEPHONIC APPEARANCE at the 7/24/2019 Motion hearing re #21 Motion to Dismiss by Breckenridge Property Fund 2016, Wedgewood Inc. (Attachments: #1 Proposed Order)(Yang, Elaine) Modified on 6/20/2019 (Benson, A.). |
Filing 23 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 06/14/2019: On the Court's own motion the Defendant's Motion to Dismiss (ECF No. #21 ) scheduled for 7/24/2019 at 10:00 AM is RESET for 7/24/2019 at 1:00 PM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Streeter, J) |
Filing 22 REQUEST for JUDICIAL NOTICE by Breckenridge Property Fund 2016, Wedgewood Inc. in re #21 Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Yang, Elaine) |
Filing 21 MOTION to DISMISS by Breckenridge Property Fund 2016, Wedgewood Inc.. Motion Hearing set for 7/24/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Proposed Order)(Yang, Elaine) |
Filing 20 REQUEST for JUDICIAL NOTICE by Breckenridge Property Fund 2016, Wedgewood Inc. in re #18 Motion to Dismiss,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Yang, Elaine) |
Filing 19 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/14/2019: Pursuant to Local Rule 302(c)(21), Defendant Breckenridge Property Fund 2016, LLCs Motion to Dismiss (ECF No. #18 ) shall be noticed before the assigned Magistrate Judge. Counsel for Defendant shall contact the Clerk for Magistrate Judge Carolyn K. Delaney for available law and motion dates, and re-notice the motion before the Magistrate Judge with the proper time and date. Accordingly, the 7/25/2019 hearing before District Judge Troy L. Nunley is VACATED. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 18 MOTION to DISMISS by Breckenridge Property Fund 2016, Wedgewood Inc.. Attorney Yang, Elaine added. Motion Hearing set for 7/25/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Yang, Elaine) Modified on 6/14/2019 (Streeter, J). |
SERVICE BY MAIL: 23 Minute Order served on Monica K. Lam and Douglas Ring. (Streeter, J) |
SERVICE BY MAIL: 19 Minute Order served on Monica K. Lam, Douglas Ring. (Krueger, M) |
Filing 17 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 16 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 15 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 14 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 13 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 12 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 11 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 10 CERTIFICATE of SERVICE by Monica K. Lam. (Coll, A) |
Filing 9 MOTION to AMEND the #1 Complaint by Monica K. Lam, Douglas Ring. (Huang, H) |
Filing 8 SUMMONS ISSUED as to *Auction.com Inc.* with answer to complaint due within *21* days. Attorney *Monica K. Lam, Douglas Ring* *911 Lakeville Street* *#347* *Petluma, California 94952*. (Reader, L) |
Filing 7 SUMMONS ISSUED as to *Nations Direct Mortgage, LLC* with answer to complaint due within *21* days. Attorney *Monica K. Lam, Douglas Ring* *911 Lakeville Street* *#347* *Petaluma, California 94952*. (Reader, L) |
SERVICE BY MAIL [HAND DELIVER]: #7 Summons served on Monica K. Lam, Douglas Ring. (Reader, L) |
SERVICE BY MAIL [HAND DELIVER]: #8 Summons served on Monica K. Lam, Douglas Ring. (Reader, L) |
Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/23/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Consent Form) (Benson, A.) |
Filing 5 SUMMONS ISSUED as to *Breckenridge Property Fund 2016, Fidelity National Title, Penny Mac, Mass Mutual Life Insurance, Mortgage Electronic Registration Systems, Wedgewood Inc.* with answer to complaint due within *21* days. Attorney *Monica K. Lam, Douglas Ring* *911 Lakeville Street # 347* *Petaluma, CA 94952*. (Benson, A.) |
SERVICE AT COUNTER: #5 Summons, CAED Receipt and #6 Civil New Case Documents for TLN served on Monica K. Lam and Douglas Ring. (Benson, A.) |
RECEIPT number #CAE200098326 $400.00 fbo Monica K. Lam by Monia K. Lam on 5/21/2019. (Benson, A.) |
Filing 4 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/8/2019 GRANTING plaintiffs fourteen days in which to submit the appropriate fee to the Clerk of the Court. Plaintiffs are cautioned that failure to pay the filing and general administrative fees in the amount of $400 will result in a recommendation that the applications to proceed in forma pauperis be denied and the instant action be dismissed without prejudice. (Reader, L) |
SERVICE BY MAIL: #4 Order, served on Monica K. Lam, Douglas Ring. (Reader, L) |
Filing 3 MOTION to PROCEED IN FORMA PAUPERIS by Douglas Ring. (Kaminski, H) |
Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Monica K. Lam. (Kaminski, H) |
Filing 1 COMPLAINT against All Defendants by Monica K. Lam, Douglas Ring. (Attachments: #1 Civil Cover Sheet)(Kaminski, H) |
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