Smith et al v. Nationstar Mortgage LLC d/b/a Mr. Cooper
Plaintiff: Dwayne C Smith and Linda E. Smith
Defendant: Nationstar Mortgage LLC d/b/a Mr. Cooper
Case Number: 4:2018cv05612
Filed: September 13, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Yvonne Gonzalez Rogers
Referring Judge: Donna M Ryu
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2018 Filing 22 REPLY (re #10 MOTION to Dismiss ) filed byNationstar Mortgage LLC d/b/a Mr. Cooper. (Knauer, James) (Filed on 11/8/2018) Modified on 11/8/2018 (cpS, COURT STAFF).
November 2, 2018 Filing 21 OPPOSITION/RESPONSE (re #10 MOTION to Dismiss ) filed byDwayne C Smith, Linda E. Smith. (cpS, COURT STAFF) (Filed on 11/2/2018)
October 25, 2018 Filing 20 OPPOSITION/RESPONSE (re #15 MOTION to Remand ) filed byNationstar Mortgage LLC d/b/a Mr. Cooper. (Knauer, James) (Filed on 10/25/2018)
October 25, 2018 Opinion or Order Filing 19 ORDER by Judge Yvonne Gonzalez Rogers granting #16 Motion for Permission for Electronic Case Filing. (Attachments: #1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/25/2018)
October 16, 2018 Filing 18 CLERK'S NOTICE VACATING MOTION HEARING DATE RE DKT. NO. 15 The Court VACATES the Thursday, 11/29/2018 at 11:00 AM Motion Hearing date. (Attachments: #1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 10/16/2018)
October 16, 2018 Opinion or Order Filing 17 ORDER RE: PLAINTIFFS' FAILURE TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS re #10 MOTION to Dismiss filed by Nationstar Mortgage LLC d/b/a Mr. Cooper. Plaintiff shall file an opposition to defendants' motion to dismiss (or statement of non-opposition) by no later than Friday, November 2, 2018. The Court VACATES the hearing currently set for 11/13/2018. Signed by Judge Yvonne Gonzalez Rogers on 10/16/2018. (Attachments: #1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/16/2018)
October 16, 2018 Set/Reset Deadlines as to #10 MOTION to Dismiss. Plaintiff Responses due by 11/2/2018. Replies due by 11/9/2018. (fs, COURT STAFF) (Filed on 10/16/2018)
October 15, 2018 Filing 16 MOTION for Permission for Electronic Case Filing filed by Linda E. Smith. (jjbS, COURT STAFF) (Filed on 10/15/2018)
October 15, 2018 Filing 15 MOTION to Remand filed by Dwayne C Smith, Linda E. Smith. Motion Hearing set for 11/29/2018 11:00 AM in Oakland, Courtroom 4, 3rd Floor before Judge Yvonne Gonzalez Rogers. Responses due by 10/29/2018. Replies due by 11/5/2018. (Attachments: #1 Proposed Order)(jjbS, COURT STAFF) (Filed on 10/15/2018)
October 11, 2018 Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/7/2019. Initial Case Management Conference set for Monday, 1/14/2019 02:00 PM before Judge Hon. Yvonne Gonzalez Rogers in Oakland, Courtroom 1, 4th Floor. (Attachments: #1 Standing Order, #2 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 10/11/2018)
October 1, 2018 Per dkt. #13 . Set/Reset Deadlines as to #10 MOTION to Dismiss . Motion Hearing set for 11/13/2018 02:00 PM before Judge Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 10/1/2018)
September 28, 2018 Filing 13 Renotice motion hearing re #10 MOTION to Dismiss filed byNationstar Mortgage LLC d/b/a Mr. Cooper. (Related document(s) #10 ) (Knauer, James) (Filed on 9/28/2018) Modified on 10/1/2018 (cpS, COURT STAFF).
September 28, 2018 #Electronic filing error. Incorrect event used Re: #12 MOTION to Dismiss RE-NOTICE OF DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSU ANT TO FRCP 12(B)(6) - DOCKET NUMBER: 10 FILED ON SEPTEMBER 20, 2018 filed by Nationstar Mortgage LLC d/b/a Mr. Cooper Correct event is found under Civil Events > Motions and Related Filings > Other Supporting Documents >Re-notice motion. Please re-file in its entirety. (cpS, COURT STAFF) (Filed on 9/28/2018)
September 27, 2018 Filing 12 MOTION to Dismiss RE-NOTICE OF DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO FRCP 12(B)(6) - DOCKET NUMBER: 10 FILED ON SEPTEMBER 20, 2018 filed by Nationstar Mortgage LLC d/b/a Mr. Cooper. Motion Hearing set for 11/13/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 10/11/2018. Replies due by 10/18/2018. (Knauer, James) (Filed on 9/27/2018)
September 21, 2018 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 9/21/2018. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service)(jmlS, COURT STAFF) (Filed on 9/21/2018)
September 20, 2018 Filing 10 DEFENDANT'S NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' COMPLAINT PURSUANT TO FRCP 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed by Nationstar Mortgage LLC d/b/a Mr. Cooper. Motion Hearing set for 11/8/2018 11:00 AM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 10/4/2018. Replies due by 10/11/2018. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Knauer, James) (Filed on 9/20/2018) Modified on 9/21/2018 (jmlS, COURT STAFF). Modified on 9/21/2018 (cpS, COURT STAFF).
September 20, 2018 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. (ig, COURT STAFF) (Filed on 9/20/2018)
September 19, 2018 Filing 8 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC d/b/a Mr. Cooper re #7 Consent/Declination to Proceed Before a US Magistrate Judge (Knauer, James) (Filed on 9/19/2018)
September 19, 2018 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nationstar Mortgage LLC d/b/a Mr. Cooper.. (Knauer, James) (Filed on 9/19/2018)
September 14, 2018 Filing 5 CERTIFICATE OF SERVICE by Nationstar Mortgage LLC d/b/a Mr. Cooper re #1 Notice of Removal, (Knauer, James) (Filed on 9/14/2018)
September 13, 2018 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/12/2018. Initial Case Management Conference set for 12/19/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 9/13/2018)
September 13, 2018 Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 9/27/2018. (jmlS, COURT STAFF) (Filed on 9/13/2018)
September 13, 2018 Filing 3 Certificate of Interested Entities by Nationstar Mortgage LLC d/b/a Mr. Cooper identifying Corporate Parent Deutsche Bank Trust Company Americas, Other Affiliate Paul Singh for Nationstar Mortgage LLC d/b/a Mr. Cooper. (Knauer, James) (Filed on 9/13/2018)
September 13, 2018 Filing 2 Corporate Disclosure Statement by Nationstar Mortgage LLC d/b/a Mr. Cooper identifying Corporate Parent WMIH Corp. for Nationstar Mortgage LLC d/b/a Mr. Cooper. (Knauer, James) (Filed on 9/13/2018)
September 13, 2018 Filing 1 NOTICE OF REMOVAL of Civil Action Under 28 U.S.C. 1332 and 1441 from Alameda County Superior Court. Their case number is RG18916422. (Filing fee $400 receipt number 0971-12675878). Filed byNationstar Mortgage LLC d/b/a Mr. Cooper. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Knauer, James) (Filed on 9/13/2018) Modified on 9/14/2018 (jjbS, COURT STAFF).

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Plaintiff: Dwayne C Smith
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Plaintiff: Linda E. Smith
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Defendant: Nationstar Mortgage LLC d/b/a Mr. Cooper
Represented By: James Braden Knauer
Represented By: Abraham J. Coleman
Represented By: Raffi Kassabian
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