(PS) Matthews v. Caliber Home Loans et al
| Desmal S. Matthews |
| Caliber Home Loans and U.S. Bank Trust N.A. |
| 2:2019cv02463 |
| December 9, 2019 |
| US District Court for the Eastern District of California |
| Kimberly J Mueller |
| Kendall J Newman |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 20
FINDINGS and RECOMMENDATIONS AND ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/20 ORDERING that #13 Motion to Dismiss and #16 Motion for Preliminary Injunction are under submission and the hearings set for February 13, 2020, and February 20, 2020 are VACAED. All pleading, discovery, and motion practice in this action are STAYED pending resolution of the findings and recommendations. RECOMMENDING that #13 Motion to Dismiss be GRANTED and #16 Motion for Preliminary Injunction should be DENIED. The Clerk of the Court should be directed to CLOSE this case. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within fourteen (14) days. (Kaminski, H)
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| SERVICE BY MAIL: #20 Findings and Recommendations and Order, served on Desmal S. Matthews. (Kaminski, H) |
| Filing 19 OPPOSITION by Desmal S. Matthews to #13 Motion to Dismiss. (Attachments: #1 Opposition to Request for Judicial Notice)(Donati, J) |
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Filing 18
ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/2020 DENYING #15 motion for electronic case filing. Plaintiff's motion does not provide any good cause for deviance from the Local Rule applicable to unrepresented litigants. (York, M)
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| SERVICE BY MAIL: #18 Order served on Desmal S. Matthews. (York, M) |
| Filing 17 REQUEST for JUDICIAL NOTICE by Desmal S. Matthews in re #16 Motion for Preliminary Injunction. (Reader, L) |
| Filing 16 MOTION for PRELIMINARY INJUNCTION by Desmal S. Matthews. Motion Hearing set for 2/20/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5)(Reader, L) |
| Filing 15 REQUEST for electronic filing by Desmal S. Matthews. (Reader, L) |
| Filing 14 REQUEST for JUDICIAL NOTICE by Caliber Home Loans, U.S. Bank Trust N.A. in re #13 Motion to Dismiss. (Goldstein, Aaron) |
| Filing 13 MOTION to DISMISS by Caliber Home Loans, U.S. Bank Trust N.A.. Motion Hearing set for 2/13/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Memorandum, #2 Proposed Order)(Goldstein, Aaron) |
| Filing 12 OPPOSITION to #3 Motion to Dismiss by Plaintiff Desmal S. Matthews. (Becknal, R) |
| Filing 11 CERTIFICATE of SERVICE by Desmal S. Matthews re #9 Amended Complaint. (Becknal, R) |
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Filing 10
ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2020 ORDERING that:1. Defendant's pending motion to dismiss (ECF No. #3 ) is DENIED WITHOUT PREJUDICE as moot; 2. The Court's previous order continuing the motion to dismiss hearing and ordering a response from Plaintiff (ECF No. #7 ) is WITHDRAWN; and 3. The hearing (whether for January 16 or February 13) on Defendants' motion to dismiss is VACATED.(Becknal, R)
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| Filing 8 STATEMENT of NON-OPPOSITION by Caliber Home Loans, U.S. Bank Trust N.A. to #3 Motion to Dismiss. (Goldstein, Aaron) |
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Filing 7
(WITHDRAWN SEE #10 ORDER ) ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2020 CONTINUING the hearing on Defendants' motion to dismiss #3 to 2/13/2020, at 10:00 a.m., in Courtroom No. 25; Plaintiff shall file a written opposition to the motion for judgment on the pleadings, or a statement of non-opposition, on or before 1/30/2020. Plaintiff's failure to file a written opposition will be deemed a statement of non-opposition to the pending motion and consent to the granting of the motion, and shall constitute an additional ground for the imposition of appropriate sanctions, including a recommendation that Plaintiff's entire case be involuntarily dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b); Defendants may file a written reply to Plaintiff's opposition, if any, on or before 2/6/2020; and the status conference, set for 4/16/2020, is VACATED. (Becknal, R) Modified on 1/7/2020 (Becknal, R).
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| SERVICE BY MAIL: #10 Order served on Desmal S. Matthews. (Becknal, R) |
| SERVICE BY MAIL: #7 Order served on Desmal S. Matthews. (Becknal, R) |
| Filing 9 FIRST AMENDED COMPLAINT against All Defendants by Desmal S. Matthews. (Attachments: #1 Exhibit A, #2 Exhibit K, #3 Exhibit, #4 Exhibit A, #5 Request for Judicial Notice)(Becknal, R) |
| Filing 6 CERTIFICATE of SERVICE by Caliber Home Loans, U.S. Bank Trust N.A. re #2 Civil New Case Documents for KJM. (Goldstein, Aaron) |
| Filing 5 CERTIFICATE of SERVICE by Caliber Home Loans, U.S. Bank Trust N.A. re #1 Notice of Removal,,. (Goldstein, Aaron) |
| Filing 4 REQUEST for JUDICIAL NOTICE by Caliber Home Loans, U.S. Bank Trust N.A. in re #3 Motion to Dismiss. (Goldstein, Aaron) |
| Filing 3 MOTION to DISMISS by Caliber Home Loans, U.S. Bank Trust N.A.. Motion Hearing set for 1/16/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Memorandum, #2 Proposed Order)(Goldstein, Aaron) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/16/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Consent Form) (Coll, A) Modified on 12/10/2019 (Coll, A). |
| Filing 1 NOTICE of REMOVAL from Sacramento Superior Court, case number 34-2019-00269761-CU-OR-GDS by Desmal S. Matthews. (Filing fee $ 400, receipt number 0972-8611531) (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit A Part 6, #7 Exhibit A Part 7, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Civil Cover Sheet, #12 Corporate Disclosure Statement)(Goldstein, Aaron) |
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