Greene v. Fay Servicing, LLC et al

Greene v. Fay Servicing, LLC et al

Plaintiff:	John Batieste Greene, Jr.
Defendant:	Affinia Default Services, LLC, Fay Servicing, LLC and U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust
Case Number:	3:2019cv01073
Filed:	February 27, 2019
Court:	US District Court for the Northern District of California
Presiding Judge:	Laurel Beeler
Referring Judge:	Jacqueline Scott Corley
Nature of Suit:	Real Property: Foreclosure
Cause of Action:	28 U.S.C. § 1444
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 24, 2019	Filing 51 Certified copy of docket sheet and remand order mailed to Contra Costa County Superior Court. (slhS, COURT STAFF) (Filed on 4/24/2019)
April 23, 2019	Filing 50 ADR Remark: The ADR Phone Conference set for 4/30/2019, IS OFF CALENDAR.(af, COURT STAFF) (Filed on 4/23/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.)
April 22, 2019	Filing 49 ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, April 30, 2019, at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 4/22/2019)
April 22, 2019	Filing 48 ORDER by Magistrate Judge Jacqueline Scott Corley denying #43 Request for Oral Argument re: Plaintiff's Motion for Remand and Request for Attorney Fees and Costs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Corley, Jacqueline) (Filed on 4/22/2019)
April 22, 2019	Filing 47 ORDER by Magistrate Judge Jacqueline Scott Corley granting #11 Motion to Remand. (ahm, COURT STAFF) (Filed on 4/22/2019)
April 20, 2019	Filing 46 Proposed Order re #43 MOTION for Hearing re #11 MOTION to Remand by John Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 4/20/2019)
April 19, 2019	Filing 45 CERTIFICATE OF SERVICE by John Batieste Greene, Jr. (Nefcy, Duncan) (Filed on 4/19/2019)
April 19, 2019	Filing 44 Declaration of Duncan McGee Nefcy in Support re #43 Motion for Hearing filed by John Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 4/19/2019) Modified on 4/23/2019 (slhS, COURT STAFF).
April 19, 2019	Filing 43 MOTION for Hearing re #11 MOTION to Remand filed by John Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 4/19/2019)
April 19, 2019	Filing 42 RESPONSE TO ORDER TO SHOW CAUSE by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust . (Attachments: #1 Certificate of Service)(Logan, Jana) (Filed on 4/19/2019)
April 15, 2019	Filing 41 THIRD ORDER TO SHOW CAUSE RE: CITIZENSHIP OF DEFENDANT FAY SERVICING, LLC. Show Cause Response due by 4/19/2019. Signed by Magistrate Judge Jacqueline Scott Corley on 4/15/2019. (ahm, COURT STAFF) (Filed on 4/15/2019)
April 12, 2019	Filing 40 RESPONSE TO ORDER TO SHOW CAUSE by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust . (Attachments: #1 Declaration of Fay Management, LLC in Reply to Second Order to Show Cause re Citizenship of Defendant Fay Servicing, LLC, #2 Certificate of Service)(Logan, Jana) (Filed on 4/12/2019)
April 11, 2019	Filing 39 SECOND ORDER TO SHOW CAUSE RE: CITIZENSHIP OF DEFENDANT FAY SERVICING, LLC. Show Cause Response due by 4/12/2019. Signed by Magistrate Judge Jacqueline Scott Corley on 4/11/2019. (ahm, COURT STAFF) (Filed on 4/11/2019)
April 11, 2019	Filing 38 MOTION to Appear by Telephone at Plaintiff's Motion for Remand filed by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Certificate of Service)(Logan, Jana) (Filed on 4/11/2019)
April 11, 2019	Filing 37 RESPONSE TO ORDER TO SHOW CAUSE by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust . (Attachments: #1 Declaration of Fay Servicing, LLC in Reply to OSC re Citizenship of Fay, #2 Exhibit A to Fay Decl - Delaware Division of Corporation Website Printout re Fay, #3 Certificate of Service)(Logan, Jana) (Filed on 4/11/2019)
April 9, 2019	Filing 36 ORDER TO SHOW CAUSE RE: CITIZENSHIP OF DEFENDANT FAY SERVICING, LLC. Show Cause Response due by 4/12/2019. Signed by Magistrate Judge Jacqueline Scott Corley on 4/9/2019. (ahm, COURT STAFF) (Filed on 4/9/2019)
March 29, 2019	Filing 35 CERTIFICATE OF SERVICE by John Batieste Greene, Jr. re #34 Reply to Opposition/Response (Nefcy, Duncan) (Filed on 3/29/2019)
March 28, 2019	Filing 34 REPLY to Opposition (re #11 MOTION to Remand) filed byJohn Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 3/28/2019)
March 28, 2019	Filing 33 NOTICE of Change of Hearing Date re #11 MOTION to Remand by John Batieste Greene, Jr. (Nefcy, Duncan) (Filed on 3/28/2019)
March 28, 2019	Filing 32 ORDER by Magistrate Judge Jacqueline Scott Corley denying #23 Ex Parte Application for Temporary Restraining Order. (ahm, COURT STAFF) (Filed on 3/28/2019)
March 28, 2019	Filing 31 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 3/28/2019 re #23 Ex Parte Application for Temporary Restraining Order filed by John Batieste Greene, Jr. The application for TRO is denied. The Court will issue a written order. (FTR Time: 9:20-9:41.)The case is referred to the ADR Program for a mediation to take place within 90 days. The hearing on Plaintiff's Motion for Remand (Dkt. No. #11 ) is reset to April 18, 2019 at 2:00 p.m. The hearing on Defendant's Motion to Dismiss (Dkt. No. #7 ) is reset to May 23, 2019 at 9:00 a.m.Attorney for Plaintiff: Duncan Nefcy.Attorney for Defendants: Matthew Aguirre by Court Call. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 3/28/2019)
March 28, 2019	CASE REFERRED to Mediation. (ahm, COURT STAFF) (Filed on 3/28/2019)
March 28, 2019	Set/Reset Deadlines as to #11 MOTION to Remand . Motion Hearing reset for 4/18/2019 at 02:00 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 3/28/2019)
March 28, 2019	Set/Reset Deadlines as to #7 MOTION to Dismiss Complaint MOTION to Strike #1 Notice of Removal,,, #5 Consent/Declination to Proceed Before a US Magistrate Judge, Punitive Damages. Motion Hearing reset for 5/23/2019 at 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 3/28/2019)
March 27, 2019	Filing 30 Renotice motion hearing re #7 MOTION to Dismiss Complaint MOTION to Strike #1 Notice of Removal,,, #5 Consent/Declination to Proceed Before a US Magistrate Judge, Punitive Damages filed byFay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #7 ) (Logan, Jana) (Filed on 3/27/2019)
March 27, 2019	Filing 29 OPPOSITION/RESPONSE (re #23 Ex Parte Application for Temporary Restraining Order ) filed byFay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Request for Judicial Notice, #2 RJN Ex 1 Deed of Trust, #3 RJN Ex 2 Assignment Deed of Trust, #4 RJN Ex 3 Notice of Default, #5 RJN Ex 4 Notice of Trustee's Sale, #6 RJN Ex 5 PACER, #7 RJN Ex 6 PACER, #8 RJN Ex 7 PACER, #9 RJN Ex 8 PACER, #10 RJN Ex 9 First Amended Chapter 13 Plan, #11 RJN Ex 10 Declaration of Debtor, #12 Fay Declaration In Support of Opposition, #13 Fay Decl Ex 1 Loss Mitigation Application Acknowledgment Letter, #14 Fay Decl Ex 2 Loss Mitigation Application Response Letter, #15 Declaration of Matthew H. Aguirre, #16 Certificate of Service)(Logan, Jana) (Filed on 3/27/2019)
March 27, 2019	Filing 28 NOTICE of Appearance by Matthew Henry Aguirre (Attachments: #1 Certificate/Proof of Service)(Aguirre, Matthew) (Filed on 3/27/2019)
March 27, 2019	Filing 27 CLERK'S NOTICE SETTING HEARING. The hearing on Plaintiff's Ex-Parte Application for Temporary Restraining Order is set for March 28, 2019 at 9:00 a.m., Courtroom F, 15th Floor in San Francisco. Plaintiff must appear in person. Defendants may appear by telephone and shall contact Court Call at 1-888-882-6878 to make the arrangements. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 3/27/2019)
March 27, 2019	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case.. Signed by Clerk on 3/27/19. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 3/27/2019)
March 27, 2019	Set/Reset Deadlines as to #23 Ex Parte Application . Motion Hearing set for 3/28/2019 at 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 3/27/2019)
March 26, 2019	Filing 26 Proposed Order re #23 Ex Parte Application for Temporary Restraining Order by John Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 3/26/2019) Modified on 3/27/2019 (slhS, COURT STAFF).
March 26, 2019	Filing 25 Declaration of Duncan McGee Nefcy in Support of #23 Ex Parte Application for Temporary Restraining Order filed by John Batieste Greene, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #23 ) (Nefcy, Duncan) (Filed on 3/26/2019) Modified on 3/27/2019 (slhS, COURT STAFF).
March 26, 2019	Filing 24 Declaration of John Batieste Greene, Jr. in Support of #23 Ex Parte Application for Temporary Restraining Order filed by John Batieste Greene, Jr.. (Attachments: #1 Exhibit A)(Related document(s) #23 ) (Nefcy, Duncan) (Filed on 3/26/2019) Modified on 3/27/2019 (slhS, COURT STAFF).
March 26, 2019	Filing 23 Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support filed by John Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 3/26/2019) Modified on 3/27/2019 (slhS, COURT STAFF).
March 26, 2019	Filing 22 REPLY in Support (re #7 MOTION to Dismiss Complaint MOTION to Strike #1 Notice of Removal, #5 Consent/Declination to Proceed Before a US Magistrate Judge, Punitive Damages) filed by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Certificate/Proof of Service)(Logan, Jana) (Filed on 3/26/2019)
March 26, 2019	Filing 21 ORDER RELATING CASE. Signed by Magistrate Judge Jacqueline Scott Corley on 3/26/2019. (ahm, COURT STAFF) (Filed on 3/26/2019)
March 25, 2019	Filing 20 Judicial Referral for Purpose of Determining Relationship of Cases re 18-cv-06689-JSC. Signed by Judge Laurel Beeler on 03/25/2019. (ejkS, COURT STAFF) (Filed on 3/25/2019)
March 21, 2019	Filing 19 OPPOSITION/RESPONSE (re #11 MOTION to Remand ) filed byFay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Certificate/Proof of Service)(Logan, Jana) (Filed on 3/21/2019)
March 21, 2019	Filing 18 OBJECTIONS to re #17 Opposition/Response to Motion, Opposition to Request for Judicial Notice by John Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 3/21/2019)
March 21, 2019	Filing 17 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Complaint MOTION to Strike #1 Notice of Removal,,, #5 Consent/Declination to Proceed Before a US Magistrate Judge, Punitive Damages ) filed byJohn Batieste Greene, Jr.. (Nefcy, Duncan) (Filed on 3/21/2019)
March 18, 2019	Filing 16 ADR Remark: ADR Phone Conference held on 3/15/2019 by Howard Herman (ec, COURT STAFF) (Filed on 3/18/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.)
March 13, 2019	Filing 15 ADR Remark: ADR Phone Conference set for 3/15 at 9:30 a.m. has been MOVED to 3 p.m. per attorney request. Dial-In remains the same. (ec, COURT STAFF) (Filed on 3/13/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.)
March 12, 2019	Filing 14 ADR Clerk's Notice Setting ADR Phone Conference on 3/15/19 at 9:30 a.m.. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (ec, COURT STAFF) (Filed on 3/12/2019)
March 11, 2019	Filing 13 Order Referring Case to ADR for Telephone Conference. Signed by Judge Laurel Beeler on 03/11/2019. (ejkS, COURT STAFF) (Filed on 3/11/2019)
March 7, 2019	Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Batieste Greene, Jr... (Nefcy, Duncan) (Filed on 3/7/2019)
March 7, 2019	Filing 11 MOTION to Remand filed by John Batieste Greene, Jr.. Motion Hearing set for 4/11/2019 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/21/2019. Replies due by 3/28/2019. (Attachments: #1 Declaration Declaration of Duncan McGee Nefcy, #2 Proposed Order Proposed Order, #3 Certificate/Proof of Service Certificate of Service)(Nefcy, Duncan) (Filed on 3/7/2019)
March 7, 2019	Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Affinia Default Services, LLC.. (Zuberi, Nabeel) (Filed on 3/7/2019)
March 7, 2019	Filing 9 Joinder re #7 MOTION to Dismiss Complaint MOTION to Strike #1 Notice of Removal,,, #5 Consent/Declination to Proceed Before a US Magistrate Judge, Punitive Damages by Affinia Default Services, LLC. (Zuberi, Nabeel) (Filed on 3/7/2019)
March 7, 2019	Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/14/2019. (ejkS, COURT STAFF) (Filed on 3/7/2019)
March 6, 2019	Filing 7 MOTION to Dismiss Complaint, MOTION to Strike #1 Notice of Removal,,, #5 Consent/Declination to Proceed Before a US Magistrate Judge, Punitive Damages filed by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. Motion Hearing set for 5/23/2019 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/20/2019. Replies due by 3/27/2019. (Attachments: #1 Supplement Request for Judicial Notice, #2 Exhibit Deed of Trust, #3 Exhibit Notice of Default and Election to Sell Under Deed of Trust, #4 Exhibit PACER Docket, #5 Exhibit First Amended Chapter 13 Plan, #6 Exhibit Notice of Trustee's Sale, #7 Exhibit Assignment of Deed of Trust, #8 Exhibit Fay Letter to Greene, #9 Exhibit Declaration of Debtor In Support of First Amended Application to Modify Chapter 13 Plan, #10 Proposed Order Proposed Order Granting Motion to Dismiss, #11 Motion to Strike, #12 Proposed Order Proposed Order Granting Motion to Strike, #13 Certificate/Proof of Service)(Logan, Jana) (Filed on 3/6/2019)
March 5, 2019	Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/19/2019. (ahm, COURT STAFF) (Filed on 3/5/2019)
March 1, 2019	Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust.. (Attachments: #1 Certificate/Proof of Service)(Logan, Jana) (Filed on 3/1/2019)
March 1, 2019	Filing 4 CERTIFICATE OF SERVICE by Fay Servicing, LLC, U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust re #3 Initial Case Management Scheduling Order with ADR Deadlines, Notice of Assignment of Case to Magistrate Judge; Consent or Declination to Magistrate Judge Jurisdiction; Order Setting Initial Case Management Conference and ADR Deadlines; Standing Orders four United States Magistrate Judge Laurel Beeler; and Instructions: Preparing the Case Management Statement. (Logan, Jana) (Filed on 3/1/2019)
February 28, 2019	Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/23/2019. Initial Case Management Conference set for 5/30/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 2/28/2019)
February 27, 2019	Filing 2 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/13/2019. (cv, COURT STAFF) (Filed on 2/27/2019)
February 27, 2019	Filing 1 NOTICE OF REMOVAL by Fay Servicing, LLC and U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust from Contra Costa Superior Court. Their case number is C19-00177. (Filing fee $400 receipt number 0971-13127473). Filed byU.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust, Fay Servicing, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Civil Cover Sheet-II.4. Diversity, Per Counsel #9 Certificate of Interested Parties, #10 Affinia Default Services, LLC's Consent to Removal, #11 Certificate/Proof of Service)(Logan, Jana) (Filed on 2/27/2019) Modified on 2/27/2019 (cfeS, COURT STAFF).

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Plaintiff: John Batieste Greene, Jr.
Represented By:	Duncan M. Nefcy
Represented By:	Matthew David Mellen
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Defendant: Affinia Default Services, LLC
Represented By:	Nabeel M. Zuberi
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Defendant: Fay Servicing, LLC
Represented By:	Jana Logan
Represented By:	Matthew Henry Aguirre
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Defendant: U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust
Represented By:	Jana Logan
Represented By:	Matthew Henry Aguirre
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