Fitzgibbon v. Select Portfolio Servicing, Inc.
| JAMES FITZGIBBON |
| SELECT PORTFOLIO SERVICING, INC and Select Portfolio Servicing, Inc. |
| 3:2023cv06030 |
| November 21, 2023 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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Filing 21
ORDER by Judge Jacqueline Scott Corley granting #20 Ex Parte Application for Extension of Time to File Reply Brief.(ahm, COURT STAFF) (Filed on 1/19/2024)
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| Set/Reset Deadlines as to #5 Ex Parte Application to restrain the Trustee Sale scheduled for November 28, 2023. Replies due by 1/22/2024. Motion Hearing reset for 2/8/2024 at 9:00 a.m. before Judge Jacqueline Scott Corley by a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: 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 must be sent to the CRD at JSCcrd@cand.uscourts.gov no later than noon on 2/7/2024.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/. (ahm, COURT STAFF) (Filed on 1/19/2024) |
| Filing 20 Ex Parte Application re #11 Order,, Set Motion and Deadlines/Hearings, filed by James Fitzgibbon. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Shapero, Sarah) (Filed on 1/18/2024) |
| Filing 19 Response to Order to Show Cause #11 Order,, Set Motion and Deadlines/Hearings, Defendant Select Portfolio Servicing Inc.'s Response to Order to Show Cause re Issuance of Preliminary Injunction by Select Portfolio Servicing, Inc.. (Attachments: #1 Declaration Declaration of Sherry Benight in Support of Defendant Select Portfolio Servicing, Inc.'s Response to Order to Show Cause Re: Preliminary Injunction)(Betpera, Artin) (Filed on 1/11/2024) |
| Filing 18 Request for Judicial Notice re #17 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim Upon Which Relief Can Be Granted filed by Select Portfolio Servicing, Inc.. (Related document(s) #17 ) (Betpera, Artin) (Filed on 1/11/2024) Modified on 1/16/2024 (slh, COURT STAFF). |
| Filing 17 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim Upon Which Relief Can Be Granted filed by Select Portfolio Servicing, Inc.. Motion to Dismiss Hearing set for 2/29/2024 10:00 AM in San Francisco, Courtroom 08, 19th Floor. Responses due by 1/25/2024. Replies due by 2/1/2024. (Attachments: #1 Proposed Order Proposed Order Granting Defendant Select Portfolio Servicing Inc.'s Motion to Dismiss Plaintiff's Complaint)(Betpera, Artin) (Filed on 1/11/2024) Modified on 1/16/2024 (slh, COURT STAFF). |
| Filing 16 STIPULATION re #1 Complaint,, Second Stipulation to Extend Time to Respond to Complaint filed by Select Portfolio Servicing, Inc.. (Betpera, Artin) (Filed on 1/5/2024) |
| Filing 15 STIPULATION to Extend Time to Respond to Complaint filed by Select Portfolio Servicing, Inc.. (Betpera, Artin) (Filed on 12/22/2023) |
| Filing 14 Summons Issued as to Select Portfolio Servicing, Inc.. (tn, COURT STAFF) (Filed on 11/29/2023) |
| Filing 13 Proposed Summons. (Shapero, Sarah) (Filed on 11/28/2023) |
| Filing 12 CLERK'S NOTICE PROVIDING ZOOM ACCESS INFORMATION. The hearing on Plaintiff's Preliminary Injunction set for 2/1/2024 at 9:00 a.m.before Judge Jacqueline Scott Corley 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/jsc 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.) (ahm, COURT STAFF) (Filed on 11/28/2023) |
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Filing 11
ORDER RE: APPLICATION FOR A TEMPORARY RESTRAINING ORDER. Signed by Judge Jacqueline Scott Corley on 11/28/2023. Responses due by 1/11/2024. Replies due by 1/18/2024. Motion Hearing is set for 2/1/2024 at 9:00 a.m. by a Zoom videoconference before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 11/28/2023)
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| Filing 10 Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing held and recorded by Zoom videoconference on 11/28/2023 re Plaintiff's #5 Ex Parte Application to restrain the Trustee Sale. The TRO is granted and the Court will convert the ex-parte application to a motion for preliminary injunction. The Court to issue a written order. Recording Time: 9:00-9:07Attorney for Plaintiff: Jessica GalletaAttorney for Defendant: Adeline Turngate (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 11/28/2023) |
| Filing 9 Declaration of Jessica Galletta in Support of 8 Clerk's Notice Setting Zoom Hearing, #7 Order, #5 Ex Parte Application to restrain the Trustee Sale scheduled for November 28, 2023 filed by James Fitzgibbon. (Attachments: #1 Certificate/Proof of Service)(Related document(s) 8 , #7 , #5 ) (Shapero, Sarah) (Filed on 11/27/2023) |
| Filing 8 CLERK'S NOTICE PROVIDING ZOOM ACCESS INFORMATION. The hearing on Plaintiff's #5 Ex Parte Application to restrain the Trustee Sale set for 11/28/2023 at 9:00 a.m. before Judge Jacqueline Scott Corley 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/jsc 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.) (ahm, COURT STAFF) (Filed on 11/27/2023) |
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Filing 7
ORDER RE: SERVICE OF MOTION FOR A TEMPORARY RESTRAINING ORDER AND ORDER SETTING ZOOM HEARING. Signed by Judge Jacqueline Scott Corley on 11/27/2023. (ahm, COURT STAFF) (Filed on 11/27/2023)
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| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Joint Case Management Statement due by 2/15/2024. Initial Case Management Conference set for 2/22/2024 at 1:30 PM in San Francisco, Courtroom 08, 19th Floor. (tn, COURT STAFF) (Filed on 11/21/2023) |
| Filing 5 Ex Parte Application to restrain the Trustee Sale scheduled for November 28, 2023 filed by JAMES FITZGIBBON. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration of Galetta, #3 Declaration of Fitzgibbon, #4 Proposed Order, #5 Certificate/Proof of Service)(Shapero, Sarah) (Filed on 11/21/2023) |
| Filing 4 Case assigned to Judge Jacqueline Scott Corley. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 11/21/2023) |
| Filing 3 Summons Returned Unexecuted by JAMES FITZGIBBON as to SELECT PORTFOLIO SERVICING, INC. (Shapero, Sarah) (Filed on 11/21/2023) |
| Filing 2 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by JAMES FITZGIBBON.. (Shapero, Sarah) (Filed on 11/21/2023) |
| Filing 1 COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF: 1. Violation of Civil Code 2923.7; 2. Violation of California Civil Code 3273.11; 3. Violation of Civil Code 2924c-d; 4. Breach of Implied Covenant; 5. Negligent Misrepresentation; 6. Promissory Estoppel; 7. Unfair Business Practices, DEMAND FOR JURY TRIAL against Select Portfolio Servicing, Inc., (Filing Fee: $402.00, receipt number ACANDC-18858546). Filed by James Fitzgibbon. (Attachments: #(1) Civil Cover Sheet)(Shapero, Sarah) (Filed on 11/21/2023) Modified on 11/21/2023 (tn, COURT STAFF). |
| #Electronic filing error. Re: #3 Summons Returned Unexecuted filed by James Fitzgibbon. Incorrect event used. [err101]. This filing will not be processed by the clerks office. Please re-file in its entirety by using Civil Events >Other Filings >Other Documents> Proposed Summons. (tn, COURT STAFF) (Filed on 11/21/2023) |
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