Greene v. U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust et al
| John B. Greene and John B. Greene, Jr. |
| U.S. BANK, N.A. AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, NBS Default Services, LLC and Fay Servicing, LLC |
| 3:2019cv07448 |
| November 12, 2019 |
| US District Court for the Northern District of California |
| Richard Seeborg |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.
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Filing 37
ORDER DENYING MOTION #32 FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION. Signed by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 1/10/2020)
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| Filing 36 MOTION to Dismiss filed by Fay Servicing, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. Motion Hearing set for 2/20/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 1/24/2020. Replies due by 1/31/2020. (Attachments: #1 Request for Judicial Notice, #2 RJN Ex 1 - Deed of Trust, #3 RJN Ex 2 - Notice of Default, #4 RJN Ex 3 - PACER for BK filed 5-5-15, #5 RJN Ex 4 - PACER for BK filed 6-8-15, #6 RJN Ex 5 - PACER for BK filed 7-25-17, #7 RJN Ex 6 - Order Granting Relief from Automatic Stay fld 8-1-18, #8 RJN Ex 7 - Notice of Trustee's Sale, #9 RJN Ex 8 - Complaint in Prior State Court Action, #10 RJN Ex 9 - AOM to Truman Trust, #11 RJN Ex 10 - PACER for BK filed 3-28-19, #12 RJN Ex 11 - PACER for BK filed 8-1-19, #13 RJN Ex 12 - Trustee's Deed Upon Sale, #14 RJN Ex 13 - Second Amended Complaint in Prior District Court Action, #15 RJN Ex 14 - Judgment of dismissal of Prior District Court Action, #16 RJN Ex 15 - Judgment of dismissal of Prior State Court Action, #17 RJN Ex 16 - Am Ch 13 Plan, #18 RJN Ex 17 - 2014 NOS, #19 RJN Ex 18- 2016 NOS, #20 RJN Ex 19 - TRO Order, #21 RJN Ex 20 - OSC re PI Order, #22 RJN Ex 21 - Greene BK Decl, #23 Proposed Order, #24 Certificate/Proof of Service)(Logan, Jana) (Filed on 1/10/2020) |
| Filing 35 OPPOSITION/RESPONSE (re #32 Renewed Ex Parte Motion for Temporary Restraining Order ) filed byU.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Request for Judicial Notice ISO Oppo to TRO, #2 RJN Ex 1 UD Jdgmt, #3 RJN Ex 2 WFB Jdgmt, #4 RJN Ex 3 USBN Jdgmt, #5 RJN Ex 4 PACER 19-40724, #6 RJN Ex 5 PACER 19-41765, #7 RJN Ex 6 Decl Greene, #8 Certificate/Proof of Service)(Logan, Jana) (Filed on 1/10/2020) |
| Filing 34 Declaration of Megan Ann Dailey in Support of #32 Renewed Ex Parte Motion for Temporary Restraining Order filed byJohn B. Greene, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #32 ) (Dailey, Megan) (Filed on 1/9/2020) Modified on 1/10/2020 (gbaS, COURT STAFF). |
| Filing 33 Brief in support of #32 Renewed Ex Parte Motion for Temporary Restraining Order filed byJohn B. Greene, Jr. (Attachments: #1 Proposed Order)(Related document(s) #32 ) (Dailey, Megan) (Filed on 1/9/2020) Modified on 1/10/2020 (gbaS, COURT STAFF). |
| Filing 32 Renewed Ex Parte Motion for Temporary Restraining Order filed by John B. Greene, Jr. (Dailey, Megan) (Filed on 1/9/2020) Modified on 1/10/2020 (gbaS, COURT STAFF). |
| Filing 31 ADR Remark: ADR Phone Conference in Early Assessment of Mortgage Foreclosure Case held on 1/6/2020 by Howard Herman (ec, COURT STAFF) (Filed on 1/7/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 30
ORDER Denying #21 Motion to Dismiss as Moot and Vacating Hearing. Signed by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 1/3/2020)
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| Filing 29 ADR Remark: ADR Phone Conference in Early Assessment of Mortgage Foreclosure Case held on 12/30/2019 by Howard Herman. A further ADR Phone Conference is scheduled for 1/6/20 at 9:30 am. The call-in information remains the same. (ec, COURT STAFF) (Filed on 1/2/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 28 FIRST AMENDED COMPLAINT; Jury Trial Demanded against Fay Servicing, LLC, NBS Default Services, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. Filed by John B. Greene, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dailey, Megan) (Filed on 12/27/2019) Modified on 12/31/2019 (gbaS, COURT STAFF). |
| Filing 27 ADR Remark: ADR Phone Conference held on 12/23/2019 by Howard Herman. Defendants' counsel failed to appear. A further ADR Phone Conference is scheduled for 12/30/19 at 2 p.m.. The call-in information remains the same. (ec, COURT STAFF) (Filed on 12/26/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 26 NOTICE by John B. Greene, Jr of Intent to File Amended Complaint [FRCP 15(a)(1)(B)] (Dailey, Megan) (Filed on 12/20/2019) |
| Filing 25 ASSOCIATION of Counsel Jana Logan by Fay Servicing, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Certificate/Proof of Service)(Logan, Jana) (Filed on 12/17/2019) |
| Filing 24 ADR Clerk's Notice Setting Early Assessment ADR Phone Conference in Mortgage Foreclosure Case on 12/23/19 at 10 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 12/10/2019) |
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Filing 23
ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Richard Seeborg on 12/10/19. (cl, COURT STAFF) (Filed on 12/10/2019)
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| Filing 22 CLERK'S NOTICE Continuing Motion Hearing as to #21 MOTION to Dismiss . Motion Hearing previously set for 1/2/2020 has been rescheduled to 1/16/2020 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cl, COURT STAFF) (Filed on 12/6/2019) |
| Filing 21 MOTION to Dismiss filed by Fay Servicing, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. Motion Hearing set for 1/2/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: #1 Request for Judicial Notice, #2 RJN Ex 1 Deed of Trust, #3 RJN Ex 2 Notice of Default, #4 RJN Ex 3 PACER for BK filed 5-5-15, #5 RJN Ex 4 PACER for BK filed 6-8-15, #6 RJN Ex 5 PACER for BK filed 7-25-17, #7 RJN Ex 6 Order Granting Relief from Automatic Stay fld 8-1-18, #8 RJN Ex 7 Notice of Trustee's Sale, #9 RJN Ex 8 Complaint in Prior State Court Action, #10 RJN Ex 9 AOM to Truman Trust, #11 RJN Ex 10 PACER for BK filed 3-28-19, #12 RJN Ex 11 PACER for BK filed 8-1-19, #13 RJN Ex 12 Trustee's Deed Upon Sale, #14 RJN Ex 13 Second Amended Complaint in Prior District Court Action, #15 RJN Ex 14 Judgment of dismissal of Prior District Court Action, #16 RJN Ex 15 Judgment of dismissal of Prior State Court Action, #17 RJN Ex 16 Amended Chapter 13 Plan, #18 Proposed Order, #19 Certificate of Service)(Aguirre, Matthew) (Filed on 12/6/2019) |
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Filing 20
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Richard Seeborg on 12/4/19. (cl, COURT STAFF) (Filed on 12/4/2019)
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| Filing 19 Certificate of Interested Entities by Fay Servicing, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust identifying Corporate Parent U.S. Bancorp for U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Aguirre, Matthew) (Filed on 12/2/2019) |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by Fay Servicing, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust . (Attachments: #1 Request for Judicial Notice)(Aguirre, Matthew) (Filed on 12/2/2019) |
| Filing 17 Renotice motion hearing re #7 MOTION for Temporary Restraining Order Corrected Pleading in Conformance with Assigned Date and Time 12/12/19 @1:30 pm filed byJohn B. Greene, Jr. (Related document(s) #7 ) (Dailey, Megan) (Filed on 11/26/2019) |
| Filing 16 CERTIFICATE OF SERVICE by John B. Greene, Jr re #8 Brief, #9 Declaration in Support, Motion #7 and [Proposed] Order [7-1] (Attachments: #1 Exhibit A)(Dailey, Megan) (Filed on 11/26/2019) |
| Filing 15 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an in-person Initial Case Management Conference set for 2/20/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor Before Judge Richard Seeborg upon reassignment. Case Management Statement due by 2/13/2020. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. If either party so desires, however, counsel may file a request to appear by telephone at 11:00 am, in which case the Conference will be moved to 11:00 am to be held telephonically for all parties, and all parties must contact Court Conference at 866/582-6878 at least one week prior to the Conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 11/19/2019) Modified on 11/19/2019 (cl, COURT STAFF). |
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Filing 14
ORDER Denying #7 Motion for Temporary Restraining Order. Preliminary Injunction Hearing set for 12/12/2019 at 01:30 PM. Signed by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 11/18/2019)
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| Filing 13 Renotice motion hearing re #7 MOTION for Temporary Restraining Order filed byJohn B. Greene, Jr. (Related document(s) #7 ) (Dailey, Megan) (Filed on 11/18/2019) |
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Filing 12
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by The Clerk on 11/18/19. (haS, COURT STAFF) (Filed on 11/18/2019)
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| Filing 11 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 11/18/2019) |
| Filing 10 AFFIDAVIT of Service for Summons, Complaint, Decl, Orders (Judges's standing, all judges, setting init. cmc) served on U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust et al on 11/15/2019, filed by John B. Greene, Jr. (Dailey, Megan) (Filed on 11/17/2019) |
| Filing 9 Declaration of Megan Ann Dailey in Support of #8 Brief, #7 MOTION for Temporary Restraining Order filed byJohn B. Greene, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Related document(s) #8 , #7 ) (Dailey, Megan) (Filed on 11/17/2019) |
| Filing 8 Brief re #7 MOTION for Temporary Restraining Order filed byJohn B. Greene, Jr. (Related document(s) #7 ) (Dailey, Megan) (Filed on 11/17/2019) |
| Filing 7 MOTION for Temporary Restraining Order filed by John B. Greene, Jr. (Attachments: #1 Proposed Order)(Dailey, Megan) (Filed on 11/17/2019) |
| Filing 6 Summons Issued as to Fay Servicing, LLC, NBS Default Services, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust. (gbaS, COURT STAFF) (Filed on 11/14/2019) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/7/2020. Initial Case Management Conference set for 2/14/2020 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 11/14/2019) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John B. Greene.. (Dailey, Megan) (Filed on 11/13/2019) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 11/27/2019. (as, COURT STAFF) (Filed on 11/13/2019) |
| Filing 2 Proposed Summons. (Dailey, Megan) (Filed on 11/12/2019) |
| Filing 1 COMPLAINT for Quiet Title; Jury Trial Demanded against Fay Servicing, LLC, NBS Default Services, LLC, U.S. Bank, N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust (Filing fee $ 400.00, receipt number 0971-13882461.). Filed by John B. Greene. (Attachments: #1 Civil Cover Sheet) (Dailey, Megan) (Filed on 11/12/2019) Modified on 11/14/2019 (gbaS, COURT STAFF). |
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