(PS) Lewis v. Bear Stearns Residential Mortgage Corp. et al
| Milo Dante Lewis |
| Community Loan Servicing, LLC, Bear Stearns Residential Mortgage Corporation, Bayview Loan Servicing, LLC, Nationstar Mortgage, LLC Doing business as Mr. Cooper, JPMorgan Chase Bank, NA and MTC Financial Services Inc Doing business as Trustee Corps |
| 2:2023cv01010 |
| May 30, 2023 |
| US District Court for the Eastern District of California |
| Kendall J Newman |
| Troy L Nunley |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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| Document Text |
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| Filing 37 REQUEST for JUDICIAL NOTICE by Milo Dante Lewis in support of #36 Reply (Woodson, A) (Additional attachment(s) added on 7/20/2023: #1 Certificate of Service) (Woodson, A). |
| Filing 36 REPLY by Milo Dante Lewis to #32 Opposition to Motion. (Woodson, A) |
| Filing 35 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 7/7/2023: On June 29, the court denied plaintiff's motion to extend the briefing schedule regarding defendants' motions to dismiss and reset those motions for a hearing on August 8, 2023. The court reasoned that, though plaintiff submitted the request as a "stipulation," defendants had not signed the submission indicating they agreed to such an extension. (ECF No. 30.)Plaintiff now moves ex parte for reconsideration of that order and requests shortened time under Local Rule 144. Plaintiff's motion to shorten time is GRANTED. Further, based on the email exhibits attached to his reconsideration motion, it appears counsel for defendants previously agreed to a delay of their motions to dismiss. This is bolstered by defendant Bear Stearns submission filed July 7, 2023. (ECF No. 34.) Thus, the court GRANTS plaintiff's motion for reconsideration. (ECF No. 31.) Plaintiff's opposition briefing on the motions to dismiss, and defendants' replies thereto, shall not be due until after resolution of the motion to remand, if required. The August 8, 2023 hearing on the motions to dismiss is VACATED as to those motions only; the hearing remains on calendar solely to resolve plaintiff's motion to remand. (Text Only Entry) (Waldrop, A) |
| Filing 34 RESPONSE by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA to #31 Motion to Shorten Time. (Fundakowski, Jean) |
| SERVICE BY MAIL: 35 Minute Order served on Milo Dante Lewis. (Waldrop, A) |
| Filing 33 REQUEST for JUDICIAL NOTICE by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA in re #32 Opposition to Motion. (Addiego, Joseph) |
| Filing 32 OPPOSITION by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA to #24 Motion to Remand. (Attachments: #1 Proof of Service)(Addiego, Joseph) |
| Filing 31 MOTION to SHORTEN TIME and MOTION for RECONSIDERATION of 30 Minute Order by Milo Dante Lewis. (Attachments: #1 Declaration, #2 Proof of Service, #3 Proposed Order)(Clemente Licea, O) |
| Filing 30 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 6/29/2023: The court is in receipt of plaintiff's motion for extension of time to file opposition to the pending motions to dismiss. (ECF No. #28 .) The motion was submitted as a stipulation between plaintiff and defendants Bear Stearns, JP Morgan Chase Bank, and MTC financial, and seeks an order granting plaintiff until after the court resolves his pending motion to remand before he has to submit his opposition brief on the motions to dismiss. Though the filing indicates defendants have reviewed plaintiff's motion and do not object, the court cannot treat this as a stipulated motion because it only contains plaintiff's signature. Regardless, the court denies plaintiff's request, insomuch as it seeks to delay resolution of the dismissal motions until after the remand motion is resolved. True, a grant of remand would mean resolution of any dismissal motions would be for state court. However, the parties are capable of arguing motions in the alternative. Thus, if the court denies plaintiff's motion to remand, defendants would have a right to have their dismissal motions expeditiously heard by this court. Given that plaintiff's request was filed just prior to his deadline on the opposition briefing, the court grants a limited extension of time for plaintiff to respond to the motions to dismiss by MTC (at ECF No. #9 ) and Bear Stearns/JP Morgan Chase (at ECF No. #17 .) The same consideration is granted defendants regarding their opposition briefings on plaintiff's motion to remand (at ECF No. #24 .) Thus, for good cause, the court ORDERS plaintiff's opposition briefing to the motions to dismiss, as well as defendants' opposition briefing to the remand motion, are now due by July 12, 2023. The optional reply briefs from each party will be due by July 22, 2023. Defendants' motions to dismiss, currently set for a hearing on July 25, 2023 are now RESET to August 8, 2023 at 9:00 a.m. by remote means. The parties will receive instructions on how to appear as the hearing approaches.This minute order resolves ECF No. 28. (Text Only Entry) (Waldrop, A) |
| SERVICE BY MAIL: 30 Minute Order served on Milo Dante Lewis. (Waldrop, A) |
Filing 29
CONSENT ORDER signed by District Judge Troy L. Nunley on 6/27/2023 REASSIGNING CASE for all purposes to Magistrate Judge Kendall J. Newman. The new case number on all future documents shall bear case number 2:23-cv-1010 KJN (PS). All currently scheduled dates presently set before Judge Nunley are hereby VACATED. (Perdue, C.)
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| SERVICE BY MAIL: #29 Consent Order Reassigning Case to Magistrate Judge, served on Milo Dante Lewis. (Perdue, C.) |
| Filing 28 MOTION for EXTENSION OF TIME to File Opposition to #24 Motion to Remand by Milo Dante Lewis. (Woodson, A) |
| Filing 26 CLERK'S NOTICE of DOCKET CORRECTION Please DISREGARD [ 25 ] Consent Order Reassigning Case to Magistrate Judge, due to clerical error. [Text Only] (Reader, L) |
| SERVICE BY MAIL: [ 26 ] Clerk's Notice of Docket Correction served on Milo Dante Lewis. (Reader, L) |
| Filing 27 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. (Woodson, A) |
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Filing 25
CONSENT ORDER signed by District Judge Troy L. Nunley on 6/23/2023 REASSIGNING CASE for all purposes to Magistrate Judge Kendall J. Newman. New Case Number: 2:23-CV-1010 KJN (PS) [TEXT ONLY](Reader, L)
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| SERVICE BY MAIL: 25 Consent Order Reassigning Case to Magistrate Judge served on Milo Dante Lewis. (Reader, L) |
| Filing 24 MOTION to REMAND by Milo Dante Lewis. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service, #3 Proposed Order)(Lopez, K) |
| Filing 23 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. (Addiego, Joseph) |
| Filing 22 MINUTE ORDER issued by Judicial Asst. D. Eichhorn for Magistrate Judge Kendall J. Newman on 06/21/2022: Plaintiff and defendants Community Loan Servicing and Nationstar Mortgage stipulated to an extension of time for these defendants to respond to the complaint, due by September 4, 2023. (ECF No. 21.) The court's local rules permit stipulations for extensions of time, but only for 28 days and only where the stipulation is signed by all parties. See Local Rule 144(a) ("[A]n initial stipulation extending time for no more than twenty-eight (28) days to respond to a complaint... may be filed without approval of the Court if the stipulation is signed on behalf of all parties who have appeared in the action and are affected by the stipulation. All other extensions of time must be approved by the Court. No open extensions of time by stipulation of the parties will be recognized.") However, given that plaintiff and these defendants have agreed to this extension and no other defendant appears prejudiced, the court construes the parties' filing as a request for extension of time and grants this request. Defendants Community Loan Servicing and Nationstar Mortgage shall have until September 4, 2023 to respond to plaintiff's complaint. (TEXT ONLY ENTRY)(Eichhorn, D) |
| Filing 21 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Community Loan Servicing, LLC. (Thomas, Kaleigh) |
| Filing 20 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. (Steele, John) |
| Filing 19 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. (Thomas, Kaleigh) |
| Filing 18 REQUEST for JUDICIAL NOTICE by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA in re #17 Motion to Dismiss,. (Fundakowski, Jean) |
| Filing 17 MOTION to DISMISS by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA. Motion Hearing set for 7/25/2023 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Proposed Order, #2 Proof of Service)(Fundakowski, Jean) |
| Filing 16 NOTICE OF INTERESTED PARTIES by Community Loan Servicing, LLC. (Thomas, Kaleigh) |
| Filing 15 NOTICE OF INTERESTED PARTIES by Nationstar Mortgage, LLC. Attorney Thomas, Kaleigh added. (Thomas, Kaleigh) |
| Filing 14 NOTICE of APPEARANCE by Kaleigh Thomas on behalf of Community Loan Servicing, LLC. Attorney Thomas, Kaleigh added. (Thomas, Kaleigh) |
| Filing 13 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 6/7/2023: The court, having considered the Ex Parte Application of Defendants JPMorgan Chase Bank, N.A. and Bear Stearns Residential Mortgage Corporation to Extend Time to Respond to Plaintiff's First Amended Complaint from June 6, 2023 to June 13, 2023 (ECF No. #7 ), finding good cause and pursuant to Local Rule 144(c), GRANTS this request. Further, defendant MTC Financial Services Inc previously set a motion to dismiss for a hearing before Judge Nunley, but this hearing was vacated. (ECF Nos. 9, 12.) The court now RESETS the hearing on MTC's motion for July 25, 2023 at 09:00 AM before Magistrate Judge Kendall J. Newman. The hearing will be by remote means, and the parties will receive instructions on how to appear as the date approaches. Finally, for judicial efficiency, the court now sets the deadline for plaintiff to file opposition for June 28, 2023. See Local Rule 230(c). This opposition shall respond to both the current motion filed by MTC and any forthcoming motion by JP Morgan Chase and Bear Stearns (assuming these defendants file such a motion). Thereafter, the defendants' optional replies are to be filed within 10 days of plaintiff's opposition. Local Rule 230(d). (Text Only Entry) (Waldrop, A) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/7/2023: Pursuant to Local Rule 302(c)(21), Defendant's Motion to Dismiss (ECF No. #9 ) shall be noticed before the assigned Magistrate Judge. Counsel for Defendant shall contact the Clerk for Magistrate Judge Kendall J. Newman for available law and motion dates and re-notice the motion before the Magistrate Judge with the proper time and date. Accordingly, the 7/27/2023 hearing before District Judge Troy L. Nunley is VACATED. (TEXT ONLY ENTRY) (Krueger, M) |
| SERVICE BY MAIL: 12 Minute Order served on Milo Dante Lewis. (Krueger, M) |
| SERVICE BY MAIL: 13 Minute Order served on Milo Dante Lewis. (Waldrop, A) |
| Filing 11 CERTIFICATE / PROOF of SERVICE by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA re #8 Civil New Case Documents for TLN. (Fundakowski, Jean) |
| Filing 10 REQUEST for JUDICIAL NOTICE by MTC Financial Services Inc re #9 Motion to Dismiss. (Steele, John) |
| Filing 9 MOTION to DISMISS by MTC Financial Services Inc. Attorney Steele, John C. added. Motion Hearing set for 7/27/2023 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Steele, John) |
| Filing 8 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: #1 Consent Form) (Donati, J) |
| Filing 7 MOTION for 7-DAY EXTENSION OF TIME to Respond to First Amended Complaint by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA. (Attachments: #1 Declaration of Jean M. Fundakowski, #2 Proposed Order, #3 Proof of Service)(Fundakowski, Jean) |
| SERVICE BY MAIL: #8 Amended Civil New Case Documents served on Milo Dante Lewis. (Donati, J) |
| Filing 6 NOTICE of APPEARANCE by Jean M. Fundakowski on behalf of Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA. Attorney Fundakowski, Jean M. added. (Fundakowski, Jean) |
| Filing 5 CERTIFICATE / PROOF of SERVICE by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA re #1 Notice of Removal, #3 Notice of Interested Parties, #2 Civil New Case Documents for TLN, #4 Corporate Disclosure Statement. (Addiego, Joseph) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Defendants Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA. (Addiego, Joseph) |
| Filing 3 NOTICE OF INTERESTED PARTIES by Bear Stearns Residential Mortgage Corporation, JPMorgan Chase Bank, NA. (Addiego, Joseph) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Rodriguez, E) |
| Filing 1 NOTICE of REMOVAL from San Joaquin County Superior Court, case number STK-CV-URP-2023-0001163 by Bear Stearns Residential Mortgage Corporation and JP Morgan Chase Bank, N.A. (Filing fee $ 402, receipt number ACAEDC-10883972) (Attachments: #1 Civil Cover Sheet)(Addiego, Joseph) |
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