Chu v. Fay Servicing, LLC et al
| Stephanie Chu |
| Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1, Fay Servicing, LLC and Barrett Daffin Frappier Treder & Weiss, LLP |
| 4:2020cv03540 |
| May 27, 2020 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Yvonne Gonzalez Rogers |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 36 SECOND AMENDED COMPLAINT against Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. Filed byStephanie Chu. (Rodriguez, Patricia) (Filed on 7/22/2020) Modified on 7/23/2020 (ajsS, COURT STAFF). |
| Filing 35 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/17/2020. Initial Case Management Conference set for Monday, 8/24/2020 02:00 PM before Hon. Yvonne Gonzalez Rogers will be held via the Court's Zoom platform. Information will be posted in advance of the hearing date. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 7/21/2020) |
Filing 34
ORDER GRANTING MOTION OF DEFENDANTS TO DISMISS FIRST AMENDED COMPLAINT AND DENYING MOTION OF PLAINTIFF FOR PRELIMINARY INJUNCTION by Judge Yvonne Gonzalez Rogers; denying as moot #32 Motion for Preliminary Injunction; granting #14 Motion to Dismiss. Second Amended Complaint filed by 7/22/2020. Responses due by 8/12/2020. (fs, COURT STAFF) (Filed on 7/1/2020)
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| Filing 33 CLERK'S NOTICE VACATING THE 6/30/2020 AT 2:00 PM MOTION HEARING DATE PER PRIOR ORDER AT DKT. NO. 29. Hearing date set in Dkt. 32 is VACATED and will be reset, if necessary, by further notice from the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 6/26/2020) |
| Filing 32 MOTION for Preliminary Injunction filed by Stephanie Chu. Motion Hearing set for 6/30/2020 02:00 PM before Judge Yvonne Gonzalez Rogers. Responses due by 6/19/2020. Replies due by 6/26/2020. (Attachments: #1 Declaration, #2 Proposed Order)(Rasmussen, Eric) (Filed on 6/26/2020) |
| Filing 31 Notice of Withdrawal of Motion (Rasmussen, Eric) (Filed on 6/26/2020) |
| Filing 30 REPLY (re #17 MOTION for Preliminary Injunction ) filed byStephanie Chu. (Rodriguez, Patricia) (Filed on 6/23/2020) |
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Filing 29
ORDER [ *AS MODIFIED BY THE COURT*] by Judge Yvonne Gonzalez Rogers granting in part #24 Second Motion to Shorten Time re Preliminary Injunction. Responses due by 6/19/2020. Replies due by 6/23/2020. Hearing date is VACATED and will be reset, if necessary, by further notice from the Court. (fs, COURT STAFF) (Filed on 6/19/2020)
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| Filing 28 Certificate of Interested Entities by Barrett Daffin Frappier Treder & Weiss, LLP identifying Corporate Parent WEISS TREDER & KLINGERMAN, LLP, Corporate Parent Barrett Daffin Frappier Turner & Engel, LLP for Barrett Daffin Frappier Treder & Weiss, LLP. re #26 Notice (Other) (Lee, James) (Filed on 6/19/2020) |
| Filing 27 OPPOSITION/RESPONSE (re #17 MOTION for Preliminary Injunction ) filed byFay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. (Attachments: #1 Appendix, #2 Certificate/Proof of Service, #3 Declaration, #4 Exhibit A-G, #5 Certificate/Proof of Service)(Spaeder-Younkin, Joan) (Filed on 6/19/2020) |
| Filing 26 NOTICE of Non-Monetary Status of Nominal Party by Barrett Daffin Frappier Treder & Weiss, LLP re #1 Notice of Removal, (Lee, James) (Filed on 6/19/2020) Modified on 6/22/2020 (jjbS, COURT STAFF). |
| Set/Reset Deadlines as to #17 MOTION for Preliminary Injunction . Responses due by 6/19/2020. Replies due by 6/23/2020. (fs, COURT STAFF) (Filed on 6/19/2020) |
| Filing 25 Renotice motion hearing re #17 MOTION for Preliminary Injunction filed byStephanie Chu. (Attachments: #1 Declaration, #2 Proposed Order)(Related document(s) #17 ) (Rodriguez, Patricia) (Filed on 6/18/2020) |
| #Electronic filing error. Incorrect event used. [err101]. Correct event is "STIPULATION WITH PROPOSED ORDER." Correct event can be found under Civil events > Motions a nd Related Filings > Stipulations > Stipulation with Proposed Order. Corrected by Clerk's Office. No further action is necessary. Re: #24 Second STIPULATION AND PROPOSED ORDER to Shorten Time to Hear Plaintiff's Motion for Preliminary Injunction filed by Stephanie Chu, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1, Fay Servicing, LLC (jjbS, COURT STAFF) (Filed on 6/17/2020) |
| Filing 24 Second STIPULATION AND PROPOSED ORDER to Shorten Time to Hear Plaintiff's Motion for Preliminary Injunction filed by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1, and Stephanie Chu. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Spaeder-Younkin, Joan) (Filed on 6/16/2020) Modified on 6/17/2020 (jjbS, COURT STAFF). |
| Filing 23 Re-Notice MOTION for Hearing re #14 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. (Attachments: #1 Certificate/Proof of Service)(Spaeder-Younkin, Joan) (Filed on 6/16/2020) Modified on 6/16/2020 (jmlS, COURT STAFF). |
| #Electronic filing error. Incorrect event used. [err101] The correct event is Re-Notice Motion. Corrected by Clerk's Office. No further action is necessary. Re: #23 Amended MOTION for Hearing. (jmlS, COURT STAFF) (Filed on 6/16/2020) |
| Set/Reset Deadlines as to #14 MOTION to Dismiss Plaintiff's First Amended Complaint, #23 Amended MOTION [RE-NOTICE OF MOTION] for Hearing re #14 MOTION to DismissPlaintiff's First Amended Complaint : Motion Hearing #14 set for 7/28/2020 02:00 PM before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 6/16/2020) |
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Filing 22
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the 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 6/15/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 6/15/2020)
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| Filing 21 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. (ahm, COURT STAFF) (Filed on 6/15/2020) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stephanie Chu.. (Rodriguez, Patricia) (Filed on 6/12/2020) |
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Filing 19
ORDER by Magistrate Judge Jacqueline Scott Corley granting #18 Stipulation re: Shortening Time to Hear Plaintiff's Motion for Preliminary Injunction. (ahm, COURT STAFF) (Filed on 6/12/2020)
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| Set/Reset Deadlines as to #17 MOTION for Preliminary Injunction . Responses due by 6/19/2020. Replies due by 6/23/2020. Motion Hearing set for 6/25/2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 6/12/2020) |
| Filing 18 STIPULATION WITH PROPOSED ORDER re: Shortening Time to Hear Plaintiff's Motion for Preliminary Injunction filed by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. (Attachments: #1 Proposed Order)(Spaeder-Younkin, Joan) (Filed on 6/11/2020) |
| #Electronic filing error. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: #17 MOTION for Preliminary Injunction filed by Step hanie Chu. Please see Civil Local Rule 7-2(a). (ahm, COURT STAFF) (Filed on 6/8/2020) |
| Filing 17 MOTION for Preliminary Injunction filed by Stephanie Chu. Motion Hearing set for 6/25/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 6/19/2020. Replies due by 6/26/2020. (Attachments: #1 Declaration, #2 Proposed Order)(Rodriguez, Patricia) (Filed on 6/5/2020) Modified on 6/12/2020 (ahm, COURT STAFF). |
| Filing 16 ADR Clerk's Notice Setting Early Assessment ADR Phone Conference in Mortgage Foreclosure Case on 6/11/20 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 6/4/2020) |
| Filing 15 Request for Judicial Notice re #14 MOTION to Dismiss Plaintiff's First Amended Complaint filed byFay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. (Related document(s) #14 ) (Spaeder-Younkin, Joan) (Filed on 6/3/2020) |
| Filing 14 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. Motion Hearing set for 7/16/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 6/17/2020. Replies due by 6/24/2020. (Attachments: #1 Proposed Order)(Spaeder-Younkin, Joan) (Filed on 6/3/2020) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1.. (Spaeder-Younkin, Joan) (Filed on 6/3/2020) |
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Filing 12
ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE.. Signed by Magistrate Judge Jacqueline Scott Corley on 6/3/2020. (ahm, COURT STAFF) (Filed on 6/3/2020)
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| Filing 11 Refund Status re #3 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 6/2/2020) |
| Filing 10 CERTIFICATE OF SERVICE by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1 re #9 Initial Case Management Scheduling Order with ADR Deadlines, (Spaeder-Younkin, Joan) (Filed on 6/1/2020) |
| Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/20/2020. Initial Case Management Conference set for 8/27/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (elyS, COURT STAFF) (Filed on 6/1/2020) |
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Filing 8
ORDER by Magistrate Judge Jacqueline Scott Corley granting #6 Stipulation Re: Postponement of Sale and Preliminary Injunction Hearing. (ahm, COURT STAFF) (Filed on 6/1/2020)
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| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants Fay Servicing, LLC, and Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1 shall file a consent or declination to proceed before a magistrate judge by 6/12/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 5/29/2020) |
| Filing 6 STIPULATION WITH PROPOSED ORDER filed by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. (Attachments: #1 Proposed Order)(Spaeder-Younkin, Joan) (Filed on 5/28/2020) |
| Filing 5 CERTIFICATE OF SERVICE by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1 re 4 Case Assigned by Intake,,, (Spaeder-Younkin, Joan) (Filed on 5/28/2020) |
| Filing 4 Case assigned to Magistrate 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. 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 6/10/2020. (haS, COURT STAFF) (Filed on 5/27/2020) |
| Filing 3 Application for Refund, Receipt Number 0971-14507637 by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1. (Spaeder-Younkin, Joan) (Filed on 5/27/2020) |
| Filing 2 Certificate of Interested Entities by Fay Servicing, LLC, Wilmington Trust, N.A. As Trustee for MFRA Trust 2015-1 identifying Corporate Parent Fay Management, LLC for Fay Servicing, LLC. re #1 Notice of Removal, (Spaeder-Younkin, Joan) (Filed on 5/27/2020) |
| Filing 1 NOTICE OF REMOVAL [Receipt No. 0971-14507539] from San Mateo Superior Court. Their case number is 20-CIV-00610. (). Filed byWilmington Trust, N.A. As Trustee for MFRA Trust 2015-1, Fay Servicing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Ex 1 State Court Docket, #3 Ex 2 Complaint, #4 Ex 3 DNMS, #5 Ex 4 First Amended Complaint, #6 Ex 5 Deed of Trust, #7 Ex 6 Tax Bill)(Spaeder-Younkin, Joan) (Filed on 5/27/2020) |
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