Hoggan v. Specialized Loan Servicing, LLC et al
Plaintiff: Patrick W. Hoggan
Defendant: Specialized Loan Servicing, LLC and Affinia Default Services, LLC
Case Number: 2:2021cv01862
Filed: October 8, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Carolyn K Delaney
Referring Judge: Troy L Nunley
Nature of Suit: Real Property: Other
Cause of Action: 15 U.S.C. ยง 1692
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2021 Opinion or Order Filing 18 ORDER signed by District Judge Troy L. Nunley on 12/6/2021 GRANTING #7 Plaintiff's motion temporary restraining order. Unless modified by further order of this Court, Defendants and their agents, servants, and employees, continue to be RESTRAINED AND ENJOINED from proceeding with a foreclosure and trustee's sale of the Property at xxxx Arcade Creek Way, Orangevale, CA 95662. This PI shall remain in full force and effect pending trial, final disposition of this action, or further order of this Court, and the Court retains jurisdiction of this matter for all purposes. Any party may also petition the Court upon proper notice to amend or lift the PI.(Reader, L)
December 2, 2021 Filing 17 OPPOSITION by Patrick W. Hoggan to #3 Motion to Dismiss. (Attachments: #1 Proof of Service)(McFarlin, Timothy)
November 29, 2021 Filing 16 REPLY by Patrick W. Hoggan in support of #10 Order on Ex Parte Application. (Attachments: #1 Memorandum of Points and Authorities, #2 Proof of Service)(McFarlin, Timothy) Modified on 11/30/2021 (Krueger, M).
November 22, 2021 Filing 15 OPPOSITION by Defendant Specialized Loan Servicing, LLC to #10 Order. (Johnson, Nicole)
November 22, 2021 Filing 14 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/22/2021: The Court having read and considered Plaintiff's Response to the Order to Show Cause (ECF No. #13 ), the Order to Show Cause (ECF No. 6) is hereby DISCHARGED. (Text Only Entry) (Krueger, M)
November 19, 2021 Filing 13 RESPONSE to 6 Order to Show Cause by Patrick W. Hoggan. (McFarlin, Timothy)
November 8, 2021 Filing 12 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/8/2021: Plaintiff's ORDER to SHOW CAUSE is still in effect. As previously noted, counsel for Plaintiff is ORDERED to SHOW CAUSE, in writing, no later than 11/19/2021 as to why he should not be sanctioned in the amount of $250 for failure to timely file an opposition or a statement of non-opposition to that motion, pursuant to Local Rule 230(c). Plaintiff shall file an opposition to the motion, or statement of non-opposition by 12/2/2021. Failure to file an opposition to the motion will be deemed a statement of non-opposition thereto and may result in a recommendation that Defendant's motion be granted. Defendant may file a reply to Plaintiff's opposition, if any, by 12/9/2021. (TEXT ONLY ENTRY) (Krueger, M)
November 8, 2021 Filing 11 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on November 8, 2021: The Court is in receipt of Defendants' opposition (ECF No. #8 ) and amended opposition (ECF No. #9 ) to Plaintiff's motion for a temporary restraining order. The Court has reviewed the opposition and finds that it does not change the outcome of the Courts November 8, 2021 Order granting Plaintiff's motion. In accordance with that Order, Defendants are ordered to show cause in writing no later than November 22, 2021, as to why Defendants and their agents, servants, and employees should not be restrained and enjoined and why a preliminary injunction should not issue. Plaintiff may file and serve a reply not later than November 29, 2021. In order to permit Defendants an opportunity to review and respond to Plaintiff's Motion for a TRO, the Court finds good cause to exercise its discretion to extend the expiration deadline of the TRO. Fed. R. Civ. P. 65(b)(2). Accordingly, the TRO will remain in effect for 28 days, or until an order on Plaintiff's request for preliminary injunction issues, whichever is sooner. (TEXT ONLY ENTRY) (Krueger, M)
November 8, 2021 Opinion or Order Filing 10 ORDER signed by District Judge Troy L. Nunley on 11/8/21 GRANTING #7 plaintiff's Motion for a TRO with respect to Plaintiff's request to enjoin Defendants and their agents, servants, and employees from proceeding with foreclosure and trustees sale set for Tuesday, 11/9/21. Defendants are ORDERED to SHOW CAUSE in writing no later than 11/22/21, as to why Defendants and their agents, servants, and employees should not be restrained and enjoined and why a preliminary injunction should not issue. The TRO will remain in effect for 28 days, or until an order on Plaintiff's request for preliminary injunction issues, whichever is sooner. (Kastilahn, A)
November 8, 2021 Filing 9 AMENDED DOCUMENT by Specialized Loan Servicing, LLC: Amended #8 Opposition to Motion. (Attachments: #1 Declaration, #2 Exhibits 1-8)(Johnson, Nicole)
November 8, 2021 Filing 8 OPPOSITION by Specialized Loan Servicing, LLC to #7 Ex Parte Application. (Attachments: #1 Declaration, #2 Exhibits 1-8)(Johnson, Nicole)
November 5, 2021 Filing 7 EX PARTE APPLICATION by Patrick W. Hoggan for Temporary Restraining Order and Order to Show Cause RE: Preliminary Injunction. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(McFarlin, Timothy)
November 5, 2021 Filing 6 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/5/2021 ORDERING the hearing on Defendant Specialized Loan Servicing, LLC's Motion to Dismiss (ECF No. #3 ) CONTINUED to 12/16/2021 at 2:00 PM in Courtroom 2 before District Judge Troy L. Nunley. Counsel for Plaintiff is ORDERED to SHOW CAUSE, in writing, no later than 11/19/2021 as to why he should not be sanctioned in the amount of $250 for failure to timely file an opposition or a statement of non-opposition to that motion, pursuant to Local Rule 230(c). Plaintiff shall file an opposition to the motion, or statement of non-opposition by 12/2/2021. Failure to file an opposition to the motion will be deemed a statement of non-opposition thereto and may result in a recommendation that Defendant's motion be granted. Defendant may file a reply to Plaintiff's opposition, if any, by 12/9/2021. (TEXT ONLY ENTRY) (Krueger, M)
October 18, 2021 Filing 5 REQUEST for JUDICIAL NOTICE by Specialized Loan Servicing, LLC in re #3 Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Johnson, Nicole)
October 15, 2021 Filing 4 CERTIFICATE of SERVICE by Specialized Loan Servicing, LLC re #2 Civil New Case Documents for TLN. (Johnson, Nicole)
October 15, 2021 Filing 3 MOTION to DISMISS by Specialized Loan Servicing, LLC. Motion Hearing set for 11/18/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Johnson, Nicole)
October 8, 2021 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Coll, A)
October 8, 2021 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2021-00307013 by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Certificate of Interested Parties)(Johnson, Nicole)

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Plaintiff: Patrick W. Hoggan
Represented By: Timothy McFarlin
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Defendant: Specialized Loan Servicing, LLC
Represented By: Nicole Michelle Johnson
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Defendant: Affinia Default Services, LLC
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