Seisa et al v. Nemovi et al
| Elmer A. Seisa and Lenore S. Villaruel |
| Genail Nemovi, Marcia Fudge and NOVAD Management Consulting, LLC |
| 2:2022cv00467 |
| March 14, 2022 |
| US District Court for the Eastern District of California |
| Kimberly J Mueller |
| Jeremy D Peterson |
| Real Property: Foreclosure |
| 42 U.S.C. § 1471 Declaratory & Injunctive Relief - Foreclosure Sale |
| None |
Docket Report
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| Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/10/2022: The court DENIES the Plaintiff's Notice of Voluntary Dismissal, ECF No. #16 . Plaintiff and Defendants may file appropriate dismissal documents to dismiss this action without a court order under Rule 41(a)(1)(A)(ii). (Text Only Entry)(Schultz, C) |
| Filing 16 NOTICE of VOLUNTARY DISMISSAL by Elmer A. Seisa, Lenore S. Villaruel. (Utrecht, Paul) |
| Filing 15 STIPULATION to Non-Monetary Judgment by Elmer A. Seisa, Lenore S. Villaruel. (Utrecht, Paul) |
Filing 14
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/12/2022 DIRECTING the Clerk of the Court to release the $5,000 to plaintiffs. Plaintiff's counsel is ordered to provide the Clerk of Court with an appropriate address to return the funds within 7 days. (Rodriguez, E)
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Filing 13
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/18/22 ORDERING that HUD will POSTPONE any foreclosure sale of the real property located at 311 Stoddard Way, Auburn, CA for 60 days from the date of execution of the parties' stipulation. HUD's agreement to postpone the sale for 60 days does not prohibit HUD from providing/recording notice of a foreclosure sale of the Property before the 60 days. Plaintiffs agree that if they fail to fully satisfy the balance of the loan due to HUD on the Property within 60 days from execution of the parties' Stipulation, they will not further contest, through legal action, or otherwise, HUD's sale of the Property. The Court DISSOLVES its 3/15/22 Temporary Restraining Order (ECF No. #6 ) and VACATES the Order to Show Cause hearing set for 3/25/22. The parties shall file a Joint Status Report notifying the court of the status of the case and whether a schedule needs to be set no later than 5/6/22. (Kastilahn, A)
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| Filing 12 STIPULATION and PROPOSED ORDER for Dissolution of Temporary Restraining Order and Order to Show Cause re Preliminary Injunction #6 , by Marcia Fudge. Attorney Davidson, Rachel R. added. (Attachments: #1 Proposed Order, #2 Proof of Service)(Davidson, Rachel) Modified on 3/21/2022 (Reader, L). |
| RECEIPT number #CAE200119942 $5000.00 for bond by Elmer A. Seisa on 3/17/2022. (Kaminski, H) |
| Filing 11 AFFIDAVIT of Case Deposit in Lieu of a Corporate or Personal Surety by Elmer A. Seisa. (Utrecht, Paul) |
| Filing 10 SUMMONS RETURNED EXECUTED: Genail Nemovi served on 3/16/2022, answer due 4/6/2022. (Utrecht, Paul) |
| Filing 9 SUMMONS RETURNED EXECUTED: NOVAD Management Consulting, LLC served on 3/16/2022, answer due 4/6/2022. (Utrecht, Paul) |
| Filing 8 CERTIFICATE of SERVICE by Elmer A. Seisa, Lenore S. Villaruel re #6 Order. (Utrecht, Paul) Modified on 3/17/2022 (Kastilahn, A). |
| Filing 7 CERTIFICATE of SERVICE by Elmer A. Seisa, Lenore S. Villaruel re #2 Summons, #4 Ex Parte Application, #1 Complaint, #3 Civil New Case Documents for KJM. (Utrecht, Paul) Modified on 3/17/2022 (Kastilahn, A). |
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Filing 6
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/15/22 GRANTING #4 plaintiffs' Ex Parte Application. A temporary restraining order, is issued restraining the Defendants and other parties from selling, attempting to sell the real property located at 311 Stoddard Way, Auburn, CA, 95602 while this action is pending or until further order of the court. Plaintiffs shall post a $5,000 bond with the Clerk by March 18, 2022. If Plaintiffs fail to do so, this order shall automatically expire on March 21, 2022. Defendants and any other affected parties are authorized to apply for modification or dissolution of this Order on two days' notice to Plaintiffs and the other parties. This temporary restraining order shall expire on March 25, 2022, at 5:00 p.m.. An Order to SHOW CAUSE is SET for 3/25/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Plaintiffs shall serve this order, the Ex Parte Application and Plaintiffs' Motion and supporting papers by March 16, 2022 on all Defendants. Defendants shall file any papers opposing the motion by March 21, 2022. The court will hear replies orally at the March 25th hearing. (Kastilahn, A)
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| Filing 5 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/15/2022: The court notes the Notice of Ex Parte Application, ECF No. #4 , is a Motion for a Temporary Restraining Order and reviews it as such now. (Text Only Entry)(Schultz, C) |
| Filing 4 EX PARTE APPLICATION by Elmer A. Seisa, Lenore S. Villaruel for Temporary Restraining Order and Request for Order to Show Cause Why A Preliminary Injunction Should Not Issue Prohibiting Defendants From Selling Real Property Pending Trial. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Temporary Restraining Order and Request for Order to Show Cause Why a Preliminary Injunction Should Not Issue Prohibiting Defendants From Selling Real Property Pending Trial, #2 Declaration Declaration of Plaintiffs' Counsel Paul F. Utrecht, #3 Declaration Declaration of Plaintiffs' Broker Manny Kagan, #4 Declaration Declaration of Plaintiff Elmer A. Seisa, #5 Exhibit Temporary Restraining Order (TRO) Checklist, #6 Proposed Order Proposed Order Granting Ex Parte Application for Temporary Restraining order and Setting Hearing on Preliminary Injunction)(Utrecht, Paul) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/14/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Rodriguez, E) |
| Filing 2 SUMMONS ISSUED as to *Marcia Fudge, NOVAD Management Consulting, LLC, Genail Nemovi* with answer to complaint due within *21* days. Attorney *Paul Ferdinand Utrecht* *Utrecht & Lenvin* *109 Stevenson Street, 5th Floor* *San Francisco, CA 94105*. (Rodriguez, E) |
| Filing 1 COMPLAINT against All Defendants by Elmer A. Seisa, Lenore S Villaruel. Attorney Utrecht, Paul Ferdinand added. (Filing fee $ 402, receipt number ACAEDC-10120874) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Utrecht, Paul) |
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