WEN v. GreenPoint Mortgage Funding, Inc.
Plaintiff: DI WEN
Defendant: GreenPoint Mortgage Funding, Inc., Real Time Solutions, Inc. and RRA CP Opportunity Trust 1
Case Number: 3:2021cv07142
Filed: September 15, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Edward M Chen
Referring Judge: Sallie Kim
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2021 Filing 30 REPLY (re #25 MOTION to Dismiss Complaint of Di Wen; Memorandum of Points and Authorities in Support Thereof ) filed byGreenPoint Mortgage Funding, Inc.. (Eley, Hunter) (Filed on 11/3/2021)
October 27, 2021 Filing 29 OPPOSITION/RESPONSE (re #25 MOTION to Dismiss Complaint of Di Wen; Memorandum of Points and Authorities in Support Thereof ) filed byDI WEN. (Mellen, Matthew) (Filed on 10/27/2021)
October 27, 2021 Filing 28 CLERK'S NOTICE: Hearing re: #25 MOTION to Dismiss Complaint of Di Wen set for 12/2/2021 is vacated. Pursuant to local rule 7-1(b), Court will rule on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 10/27/2021)
October 20, 2021 Opinion or Order Filing 27 ORDER Denying Plaintiff's Motion for Preliminary Injunction #8 #15 . Signed by Judge Edward M. Chen on 10/20/2021. (emcsec, COURT STAFF) (Filed on 10/20/2021)
October 19, 2021 Filing 26 Minute Entry for proceedings held before Judge Edward M. Chen: Preliminary Injunction re: #8 TRO held on 10/19/2021. Court denied motion for reasons as stated on the record. Written order to follow. Joint Case Management Statement due by 11/16/2021. Initial Case Management Conference set for 11/23/2021 01:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are remi nded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 11/16/2021. Initial Case Management Conference set for 11/23/2021 01:30 PM in San Francisco, - Videoconference Only.Total Time in Court: 15 Minutes. Court Reporter: Belle Ball. Plaintiff Attorney: RamonChito De Castro. Defendant Attorneys: Hunter Eley, Zac Frampton. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 10/19/2021)
October 13, 2021 Filing 25 MOTION to Dismiss Complaint of Di Wen; Memorandum of Points and Authorities in Support Thereof filed by GreenPoint Mortgage Funding, Inc.. Motion Hearing set for 12/2/2021 01:30 PM before Judge Edward M. Chen. Responses due by 10/27/2021. Replies due by 11/3/2021. (Attachments: #1 Defendant Greenpoint Mortgage Funding, Inc.'s Request for Judicial Notice in Support of Motion to Dismiss Complaint of Di Wen, #2 Proposed Order)(Borlund, Amy) (Filed on 10/13/2021)
October 12, 2021 Filing 24 ANSWER to Complaint (Notice of Removal) AND AFFIRMATIVE DEFENSES byRRA CP Opportunity Trust 1, Real Time Solutions, Inc.. (Frampton, Zachary) (Filed on 10/12/2021)
October 11, 2021 Filing 23 RESPONSE re #22 Response ( Non Motion ), #21 Response ( Non Motion ), by DI WEN. (Attachments: #1 Reply to Defendant GreenPoint Mortgage Funding, Inc.'s Opposition to Plaintiff's Request for Preliminary Injunction, #2 Certificate/Proof of Service Certificate of Service)(Mellen, Matthew) (Filed on 10/11/2021)
October 6, 2021 Set/Reset Hearing Mediation Hearing set for 10/14/2021 12:00 PM to 4:00 PM Pacific time via Zoom. (af, COURT STAFF) (Filed on 10/6/2021)
October 5, 2021 Filing 22 Opposition to Plaintiff's Request for Preliminary Injunction by GreenPoint Mortgage Funding, Inc.. (Attachments: #1 Certificate/Proof of Service)(Eley, Hunter) (Filed on 10/5/2021) Modified on 10/6/2021 (bnsS, COURT STAFF).
October 5, 2021 Filing 21 OPPOSITION TO PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION (re DOC #8) by RRA CP Opportunity Trust 1, Real Time Solutions, Inc.. (Attachments: #1 Declaration of Samuel Trakhtenbroit in Support of Opposition to Request for Preliminary Injunction)(Frampton, Zachary) (Filed on 10/5/2021) Modified on 10/6/2021 (bnsS, COURT STAFF).
September 28, 2021 Filing 20 CERTIFICATE OF SERVICE by RRA CP Opportunity Trust 1, Real Time Solutions, Inc. OF STANDING ORDERS (Frampton, Zachary) (Filed on 9/28/2021)
September 24, 2021 Filing 19 ADR Clerk's Notice Appointing Francis Burke as Mediator. (af, COURT STAFF) (Filed on 9/24/2021)
September 24, 2021 Opinion or Order Filing 18 ORDER OF REFERRAL TO COURT-SPONSORED MEDIATION. Signed by Judge Edward M. Chen on 9/24/2021. (afmS, COURT STAFF) (Filed on 9/24/2021)
September 24, 2021 CASE REFERRED to Mediation. (cmfS, COURT STAFF) (Filed on 9/24/2021)
September 22, 2021 Filing 17 STIPULATION to Extend Time to Respond to Complaint filed by RRA CP Opportunity Trust 1, Real Time Solutions, Inc.. (Marsey, Sarah) (Filed on 9/22/2021) Modified on 9/22/2021 (bnsS, COURT STAFF).
September 22, 2021 Filing 16 STIPULATION to Extend Time to Respond to Complaint filed by GreenPoint Mortgage Funding, Inc. and DI Wen. (Borlund, Amy) (Filed on 9/22/2021) Modified on 9/23/2021 (bnsS, COURT STAFF).
September 21, 2021 Filing 15 Minute Entry for proceedings held before Judge Edward M. Chen: Temporary Restraining Order Hearing held on 9/21/2021. Preliminary Injunction Hearing set for 10/19/2021 09:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Opposition due 10/5/2021; Reply due 10/12/2021.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of co urt proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. [8 ] Motion for TRO Motion Hearing set for 10/19/2021 09:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen.Total Time in Court: 17 Minutes. Court Reporter: Debra Pas. Plaintiff Attorney: RamonChito De Castro. Defendant Attorney: Sarah Marsey. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 9/21/2021)
September 20, 2021 Filing 14 Declaration of Samuel Trakhtenbroit in Support of #13 Opposition/Response to Motion filed byRRA CP Opportunity Trust 1, Real Time Solutions, Inc.. (Related document(s) #13 ) (Marsey, Sarah) (Filed on 9/20/2021)
September 20, 2021 Filing 13 OPPOSITION/RESPONSE (re #8 Second MOTION for Temporary Restraining Order Trustee Sale Date Correction ) filed byRRA CP Opportunity Trust 1, Real Time Solutions, Inc.. (Marsey, Sarah) (Filed on 9/20/2021)
September 20, 2021 Filing 12 NOTICE of Appearance by Sarah Ann Marsey (Marsey, Sarah) (Filed on 9/20/2021)
September 17, 2021 Filing 11 CLERK'S NOTICE: Defendants are ordered to file a response to Plaintiff's #7 #8 motion for Temporary Restraining Order by 12pm on Monday, September 20. A hearing on the motion will take place on Tuesday, September 21, 20201 at 9am. Defendants shall not proceed with a foreclosure sale of Plaintiff's property before the conclusion of Tuesday's hearing, or until further court order. Motion Hearing set for 9/21/2021 09:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https: //www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 9/21/2021 09:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 9/17/2021)
September 17, 2021 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 9/17/22. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/17/2021)
September 17, 2021 Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 9/17/2021)
September 17, 2021 Filing 8 Second MOTION for Temporary Restraining Order Trustee Sale Date Correction filed by DI WEN. (Mellen, Matthew) (Filed on 9/17/2021)
September 17, 2021 Filing 7 First MOTION for Temporary Restraining Order filed by DI WEN. (Mellen, Matthew) (Filed on 9/17/2021)
September 16, 2021 Filing 6 ERRATA re #2 Certificate of Interested Entities, #1 Notice of Removal, by RRA CP Opportunity Trust 1, Real Time Solutions, Inc.. (Frampton, Zachary) (Filed on 9/16/2021)
September 16, 2021 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/13/2021. Initial Case Management Conference set for 12/20/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (bnsS, COURT STAFF) (Filed on 9/16/2021)
September 15, 2021 Filing 4 Notice of Additional Parties: the following parties are listed on #1 Notice of Removal, and have been added to this case: Real Time Solutions, Inc. and RRA CP Opportunity Trust 1. (This is a text-only entry.) (Frampton, Zachary) (Filed on 9/15/2021)
September 15, 2021 Filing 3 Case assigned to Magistrate Judge Sallie Kim. 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 9/29/2021. (anjS, COURT STAFF) (Filed on 9/15/2021)
September 15, 2021 Filing 2 Corporate Disclosure Statement by GreenPoint Mortgage Funding, Inc. identifying Corporate Parent Real Time Group, Inc. a Nevada Corporation, Corporate Parent Real Time Resolutions, Inc. a Texas Corporation for GreenPoint Mortgage Funding, Inc.. (Frampton, Zachary) (Filed on 9/15/2021)
September 15, 2021 Filing 1 NOTICE OF REMOVAL OF ACTION BASED ON DIVERSITY UNDER 28 U.S.C. 1332, 1441 and 1446 from SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA. Their case number is HG21109528. (Filing fee $402 receipt number 0971-16392704). Filed byGreenPoint Mortgage Funding, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Frampton, Zachary) (Filed on 9/15/2021)

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Plaintiff: DI WEN
Represented By: Matthew David Mellen
Represented By: RamonChito Logan De Castro
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Defendant: GreenPoint Mortgage Funding, Inc.
Represented By: Zachary Chad Frampton
Represented By: Amy Irene Borlund
Represented By: Hunter Randolph Eley
Represented By: Sarah Ann Marsey
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Defendant: Real Time Solutions, Inc.
Represented By: Sarah Ann Marsey
Represented By: Zachary Chad Frampton
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Defendant: RRA CP Opportunity Trust 1
Represented By: Sarah Ann Marsey
Represented By: Zachary Chad Frampton
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