Woodruff v. Mason McDuffie Mortgage Corporation et al
| Kevin-Paul El Woodruff and Chief wanag tahatan-bey stutson |
| Mason McDuffie Mortgage Corporation, Citigroup Global Markets, Inc., US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust, Texas Capital Bank, NA, Mortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC doing business as Mr. Cooper Barrett Daffin Frappier Treder & Weiss LLP Law Firm and Secretary of Vetrans Affairs as U.S. Officers |
| 3:2022cv03124 |
| May 27, 2022 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Vince Chhabria |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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| Filing 21 Judicial Referral for Purpose of Determining Relationship of Cases re Case No. 22-mc-80008. Signed by Judge Vince Chhabria on 7/25/2022. (vclc3, COURT STAFF) (Filed on 7/25/2022). Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 20 CLERK'S NOTICE vacating the motion hearing scheduled for 7/28/2022, re #17 Motion to Dismiss. The Court will issue a further order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 7/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 19 REPLY (re #17 MOTION to Dismiss Defendants' Re-Notice of Motion and Motion to Dismiss ) Defendants' Reply to Non-Opposition to Motion to Dismiss filed byMortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC, US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust. (Bissell, Jared) (Filed on 7/25/2022) |
| Filing 18 Request for Judicial Notice re #17 MOTION to Dismiss Defendants' Re-Notice of Motion and Motion to Dismiss filed byMortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC, US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Assignment of Deed of Trust to Texas Capital Bank, #3 Exhibit Assignment of Deed of Trust to Nationstar, #4 Exhibit Submission of Trustee appointing BDFTW, #5 Exhibit Notice of Default and Election to Sell, #6 Exhibit CAND Docket 3:19-cv-04300-WHO, #7 Exhibit Bankruptcy docket 4:19-bk-41825, #8 Exhibit CAND Docket 3:22-mc-80008-WHO)(Related document(s) #17 ) (Bissell, Jared) (Filed on 7/6/2022) |
| Filing 17 MOTION to Dismiss Defendants' Re-Notice of Motion and Motion to Dismiss filed by Mortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC, US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust. Motion Hearing set for 7/28/2022 02:30 PM in San Francisco, - Telephonic Only before Judge Vince Chhabria. Responses due by 7/20/2022. Replies due by 7/27/2022. (Attachments: #1 Proposed Order)(Bissell, Jared) (Filed on 7/6/2022) |
| Filing 16 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 8/24/2022. Initial Case Management Conference set for 8/31/2022, 01:00 PM, via 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/vc Court A ppearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, August 25, 2022, by 10:00 a.m.General 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Judge Charles R. Breyer 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 Clerk on 07/01/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 7/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 14
ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 6/30/2022. (ls, COURT STAFF) (Filed on 6/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 13 CLERK'S NOTICE: Motion to Dismiss Hearing reset for 8/12/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. 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/crb Court Appearances: Advanced notice is required of counsel who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than August 8, 2022 at 3:00 PM PST.General 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 8/12/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 6/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Set/Reset Deadlines as to #11 MOTION to Dismiss . Motion Hearing set for 8/12/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 6/16/2022) |
| Filing 12 Request for Judicial Notice re #11 MOTION to Dismiss filed by US Bank, NA, as Trustee for Securitized Trust Ginnie Mae Guaranteed REMIC Trust 2017-134 Trust filed byMortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Proposed Order)(Related document(s) #11 ) (Bissell, Jared) (Filed on 6/15/2022) |
| Filing 11 MOTION to Dismiss filed by Mortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC. Motion Hearing set for 7/22/2022 09:00 AM before Judge Charles R. Breyer. Responses due by 6/29/2022. Replies due by 7/6/2022. (Bissell, Jared) (Filed on 6/15/2022) |
| Filing 10 Summons Returned Unexecuted by Kevin-Paul El Woodruff as to Secretary of Vetrans Affairs as U.S. Officers. (cv, COURT STAFF) (Filed on 6/13/2022) |
| Filing 9 Summons Issued as to Citigroup Global Markets, Inc., Mason McDuffie Mortgage Corporation, Mortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC, Secretary of Vetrans Affairs as U.S. Officers, Texas Capital Bank, NA, US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust. (cv, COURT STAFF) (Filed on 6/13/2022) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Laurel Beeler 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 Clerk on 06/06/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 6/6/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 7 Summons Issued as to Secretary of Vetrans Affairs as U.S. Officers, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 6/6/2022) |
| Filing 6 AMENDED COMPLAINT against Citigroup Global Markets, Inc., Mason McDuffie Mortgage Corporation, Mortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC, Texas Capital Bank, NA, US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust, Secretary of Vetrans Affairs as U.S. Officers. Filed by Kevin-Paul El Woodruff. (dhm, COURT STAFF) (Filed on 6/6/2022) |
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Filing 5
ORDER REASSIGNING CASE. Signed by Judge Laurel Beeler on 05/31/2022. (ejk, COURT STAFF) (Filed on 5/31/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 4 First Set of Interrogatories by Kevin-Paul El Woodruff (dhm, COURT STAFF) (Filed on 5/31/2022) |
| Filing 2 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kevin-Paul El Woodruff. (dhm, COURT STAFF) (Filed on 5/31/2022) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/18/2022. Initial Case Management Conference set for 8/25/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (dhm, COURT STAFF) (Filed on 5/27/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 1 COMPLAINT against Citigroup Global Markets, Inc., Mason McDuffie Mortgage Corporation, Mortgage Electronic Registration System, ("MERS"), Nationstar Mortgage LLC, Texas Capital Bank, NA, US Bank, NA as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust (Filing fee $ 402., receipt #44611017490). Filed by Kevin-Paul El Woodruff. Consent/Declination due by 6/10/2022. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(dhm, COURT STAFF) (Filed on 5/27/2022) |
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