Cruz et al v. Aurora Loan Services, LLC
Plaintiff: Jose Cruz and Blanca Cruz
Defendant: Aurora Loan Services, LLC
Case Number: 3:2015cv00585
Filed: February 6, 2015
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Contra Costa
Presiding Judge: Laurel Beeler
Nature of Suit: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
May 9, 2016 Opinion or Order Filing 86 Order by Magistrate Judge Laurel Beeler granting in part and denying in part 74 Motion for Sanctions. The court grants in part and denies in part Aurora's motion for sanctions. The court awards $8,185.31 in costs and fees to Aurora, r eserving for later the remaining fee balance of $11,033.50. The court does not order terminating sanctions at this time. The court sets a hearing for May 19, 2016 at 9:30 a.m. and orders the Cruzes to attend in person and to show cause. The cour t also directs Mr. Sargetis to serve this order on the Cruzes and file proof of service by May 12, 2016. The Cruzes are warned that failure to appear on May 19 means that they risk imposition of additional fees of $11,033.50 and dismissal of their case for failure to prosecute it. (lblc1S, COURT STAFF) (Filed on 5/9/2016)
April 25, 2016 Opinion or Order Filing 81 ORDER. Given the pending motion to withdraw at ECF No. 71 and the motion for sanctions at ECF No. 74, the court orders Mr. Sargetis to inform his clients of the pending motions, serve copies of the motions, the court's orders at ECF Nos. 60 a nd 61, the case-management filings at ECF Nos. 62, 63, and 65, and a copy of this order on the plaintiffs and to file proof of service no later than April 27, 2016. The plaintiffs are ordered to appear at the May 5 hearing in person. They are warned that their continued failure to participate in their litigation may result in the imposition of sanctions (including Aurora's fees and costs for the discovery violations) and the dismissal of their case for failure to prosecute it. Signed by Judge Laurel Beeler on 4/25/2016. (lblc1S, COURT STAFF) (Filed on 4/25/2016)
January 24, 2016 Opinion or Order Filing 61 AMENDED ORDER TO SHOW CAUSE. The amended order changes a date error in the previous order (from October 21, 2016 to October 21, 2015) (see ECF No. 60 at 1:19-20) and otherwise is unchanged in substance. The show-cause hearing remains set for February 18, 2016 at 9:30 a.m., and the plaintiffs' explanation remains due on February 11, 2016. (Beeler, Laurel) (Filed on 1/24/2016)
January 23, 2016 Opinion or Order Filing 60 ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/18/2016 09:30 AM. Show Cause Response due by 2/11/2016. In the attached order, the court orders the plaintiffs Jose and Bianca Cruz to show cause why they have not appeared for their depos itions and failed to participate in their mediation. To the extent the issue is that the plaintiffs are not responding to their attorney's inquiries to them, the court instructs them that they must stay informed about proceedings and orders them to do so. The court warns the plaintiffs that failing to appear for their depositions and court-ordered mediation may result in sanctions being imposed against them, including monetary sanctions in the form of Aurora's costs and fees expended i n scheduling depositions. The court also warns them that their failure to participate in their litigation also may result in the courts dismissing their case for failure to prosecute it. The court sets a hearing for February 18, 2016 at 9:30 a.m. and directs the plaintiffs' counsel to file an explanation by February 11, 2016. (Beeler, Laurel) (Filed on 1/23/2016)
August 17, 2015 Opinion or Order Filing 48 ORDER GRANTING IN PART AND DENYING IN PART 33 AURORA'S MOTION TO DISMISS THE PLAINTIFFS' FIRST AMENDED COMPLAINT. The court grants in part and denies in part Aurora's motion. The plaintiffs' first and sixth claims survive. Th e plaintiffs' seventh claim is dismissed with prejudice. Aurora shall answer the plaintiffs' First Amended Complaint within 14 days from the date of this order. Signed by Magistrate Judge Laurel Beeler on 8/17/2015.(lblc2, COURT STAFF) (Filed on 8/17/2015)
May 8, 2015 Opinion or Order Filing 30 STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES re 28 Stipulation filed by Jose Cruz, Blanca Cruz. Signed by Magistrate Judge Laurel Beeler on 5/8/2015. (rmm2S, COURT STAFF) (Filed on 5/8/2015)
May 5, 2015 Opinion or Order Filing 27 ORDER GRANTING IN PART AND DENYING IN PART 9 AURORA'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT. Plaintiffs' first claim for intentional misrepresentation, sixth claim for misrepresentation based on a false promise, and seventh cla im for unfair competition in violation of California's UCL are dismissed without prejudice. Plaintiffs' second claim for breach of contract, third claim for promissory estoppel, fourth claim for breach of the implied covenant of good faith and fair dealing, and fifth claim for negligence survive. Plaintiffs may file a first amended complaint by May 26, 2015. Signed by Magistrate Judge Laurel Beeler on 5/5/2015.(lblc2, COURT STAFF) (Filed on 5/5/2015)
April 17, 2015 Opinion or Order Filing 16 ORDER GRANTING PLAINTIFFS' REQUEST TO FILE A LATE OPPOSITION. Signed by Magistrate Judge Laurel Beeler on 4/17/2015. (lsS, COURT STAFF) (Filed on 4/17/2015)
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Defendant: Aurora Loan Services, LLC
Represented By: Ashley Elizabeth Calhoun
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Plaintiff: Jose Cruz
Represented By: John Steve Sargetis
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Plaintiff: Blanca Cruz
Represented By: John Steve Sargetis
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