Bermudez v. SN Servicing Corporation
Omar Bermudez |
SN Servicing Corporation |
2:2022cv01246 |
July 14, 2022 |
US District Court for the Eastern District of California |
Deborah Barnes |
Kimberly J Mueller |
Other Statutory Actions |
28 U.S.C. § 1442 Petition for Removal |
Plaintiff |
Docket Report
This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 23 MOTION to DISMISS by SN Servicing Corporation. Motion Hearing set for 11/4/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Request for Judicial Notice, #2 Certificate of Service)(Witcher, Rachel) |
Filing 22 REPLY by Omar Bermudez re 21 Minute Order. (Shapero, Sarah) |
Filing 21 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/31/2022: The court is in receipt of Plaintiff's Status Update Regarding Enabulele's Bankruptcy, filed at ECF No. #20 . Considering Enabulele's Bankruptcy was dismissed and resolved, the court LIFTS the stay in this case. The Hearing on the Motion for Preliminary Injunction and the Status (Pretrial Scheduling) Conference is RESET for 10/7/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. Plaintiff shall have seven (7) days of this Minute Order to file his reply brief. The parties shall file a Joint Status Report fourteen (14) days prior to the new date of the Status Conference. (Text Only Entry) (Schultz, C) |
Filing 20 STATUS REPORT by Omar Bermudez. (Shapero, Sarah) |
Filing 19 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/15/2022: The court is in receipt of the parties' responses to the 8/11/2022 Order to Show Cause, filed at ECF Nos. #17 and #18 . After reviewing the parties' responses, the court STAYS this case until the resolution of Charles Enabulele's bankruptcy proceeding. Plaintiff shall inform the court within seven (7) days after Enabulele's bankruptcy proceeding is complete. Plaintiff's Temporary Restraining Order shall still expire on 8/17/2022 as stated in the court's previous Order, filed at ECF No. #12 . Defendant is not required to file an Answer to Plaintiff's First Amended Complaint during the stay. The Motion Hearing set for 8/17/2022 and the Status (Pretrial Scheduling) Conference set for 11/17/2022 are VACATED. The parties' Requests for Telephonic Appearance, filed at ECF Nos. #14 and #15 , are DENIED as MOOT. (Text Only Entry)(Schultz, C) |
Filing 18 REPLY by SN Servicing Corporation re #17 Response to Order to Show Cause. (Attachments: #1 Certificate of Service)(Witcher, Rachel) |
Filing 17 RESPONSE to #16 ORDER to SHOW CAUSE by Omar Bermudez. (Shapero, Sarah) |
Filing 16 ORDER signed by Chief District Judge Kimberly J. Mueller on 8/11/2022 DIRECTING plaintiff to SHOW CAUSE by 8/15/2022 why this case should not be stayed until the resolution of Mr. Enabulele's bankruptcy proceeding. (Coll, A) |
Filing 15 REQUEST FOR TELEPHONIC APPEARANCE and PROPOSED ORDER at the 8/17/2022 Motion for Preliminary Injunction hearing by Omar Bermudez. (Shapero, Sarah) Modified on 8/12/2022 (Reader, L). |
Filing 14 REQUEST FOR TELEPHONIC APPEARANCE at the 8/17/2022 Motion hearing by SN Servicing Corporation. (Attachments: #1 Certificate of Service)(Witcher, Rachel) |
Filing 13 SUPPLEMENTAL BRIEF by SN Servicing Corporation re #11 Opposition to Motion. (Attachments: #1 Request for Judicial Notice, #2 Certificate of Service)(Witcher, Rachel) Modified on 8/12/2022 (Reader, L). |
Filing 12 ORDER signed by Chief District Judge Kimberly J. Mueller on 08/03/22 GRANTING #8 Motion for TRO. Defendant and its agents are enjoined by this TRO from conducting a trustee sale of plaintiff's residence located at 864 Oak Lane, Rio Linda, CA 95673. The TRO granted here shall expire on August 17, 2022, absent further order of this court. The court will hear plaintiff's motion for a preliminary injunction on August 17, 2022 at 2:00 p.m. in Courtroom 3. While the court construes defendant's filing of August 3, 2022 as its opposition to a preliminary injunction, the defense may supplement its filing with a brief of up to 10 pages to be filed no later than August 10, 2022, at 12:00 p.m. Plaintiff may file a reply of up to 10 pages, not including attachments, by August 15, 2022 at 12:00 p.m.(Andrews, P) |
Filing 11 OPPOSITION by SN Servicing Corporation to #8 Motion for Temporary Restraining Order. (Attachments: #1 Declaration, #2 Certificate of Service)(Witcher, Rachel) |
Filing 10 SUPPLEMENTAL DECLARATION of Sarah Shapero in support of #8 Motion for Temporary Restraining Order. (Shapero, Sarah) |
Filing 9 MINUTE ORDER by Chief Judge Kimberly J. Mueller regarding #8 Motion for Temporary Restraining Order. The court is in receipt of plaintiff's motion for temporary restraining order (TRO), filed at ECF No. 8. The exhibits in support of the motion, however, do not sufficiently show that (1) plaintiff's house is being sold on August 4, 2022; (2) plaintiff provided notice of this motion to the other parties; and (3) plaintiff filed this motion in a timely manner. Although the court cannot grant the requested TRO at this time, plaintiff may attempt to supplement the record to cure these defects. (Text Only Entry)(Andrews, P) |
Filing 8 MOTION for TEMPORARY RESTRAINING ORDER re Foreclosure by Omar Bermudez. (Attachments: #1 Declaration , #4 Proposed Order)(Shapero, Sarah) Modified on 8/2/2022 (Benson, A.). |
Filing 7 FIRST AMENDED COMPLAINT against SN Servicing Corporation by Omar Bermudez.(Shapero, Sarah) |
Filing 6 STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/20/2022 ORDERING defendant SN Servicing Corporation's deadline to respond to plaintiff's complaint is EXTENDED to 8/5/2022. Should plaintiff file a first amended complaint, defendant's deadline to respond will be twenty-one days from the date of filing the first amended complaint. (Zignago, K.) |
Filing 5 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Attachments: #1 Certificate of Service)(Witcher, Rachel) |
Filing 4 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint by SN Servicing Corporation. (Witcher, Rachel) |
Filing 3 CERTIFICATE / PROOF of SERVICE by SN Servicing Corporation re #2 Civil New Case Documents for KJM. (Witcher, Rachel) |
Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/17/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Zignago, K.) |
Filing 1 NOTICE of REMOVAL from Superior Court of California County of Sacramento, case number 34-2022-00320397 by SN Servicing Corporation. (Filing fee $ 402, receipt number ACAEDC-10329292)(Attachments: #1 Civil Cover Sheet, #2 Certificate of Interested Entities, #3 Certificate of Service)(Witcher, Rachel) |
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Plaintiff: Omar Bermudez | |
Represented By: | Sarah E. Shapero |
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Defendant: SN Servicing Corporation | |
Represented By: | Rachel C. Witcher |
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