Chamberlain v. Specialized Loan Servicing, LLC et al
| William Chamberlain |
| Specialized Loan Servicing, LLC, Bank of America, N.A., The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificate Holders of The CWABS, Inc., Assetbacked Certificates, Series 2005-17, The Bank of New York Mellon and The Bank of New York, as Trustee for the Certificate Holders of the CWABS, Inc., Asset-backed Certificates, Series |
| 4:2021cv03541 |
| May 11, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 47 NOTICE of Voluntary Dismissal by William Chamberlain (Mellen, Matthew) (Filed on 7/6/2021) |
Filing 46
ORDER by Judge Haywood S. Gilliam, Jr. Granting #45 Administrative Motion for Extension of Time Re #44 Notice of Settlement of ADA Access Case ADA Access Cases Only. Motions due by 7/9/2021. (ndrS, COURT STAFF) (Filed on 7/6/2021)
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| #Electronic filing error. REMINDER TO COUNSEL: In the future, this motion should be accompanied by a proposed order. Counsel does not need to re-file. Corrected by Clerk's Off ice. No further action is necessary. Re: #45 ADMINISTRATIVE MOTION Extension of Time re #44 Notice of Settlement of ADA Access Case ADA Access Cases Only filed by William Chamberlain (bnsS, COURT STAFF) (Filed on 7/6/2021) |
| Filing 45 ADMINISTRATIVE MOTION Extension of Time re #44 Notice of Settlement of ADA Access Case ADA Access Cases Only filed by William Chamberlain. Responses due by 7/2/2021. (Attachments: #1 Declaration)(Mellen, Matthew) (Filed on 7/2/2021) |
| #Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Status Report. Correct event is found under Civil Events > Other Filings > Other Documents. [err101] Corrected by Clerk's Office. No further action is necessary. Re: #44 Notice of Settlement of ADA Access Case ADA Access Cases Only filed by William Chamberlain (bnsS, COURT STAFF) (Filed on 6/28/2021) |
| Filing 44 Status Report by Matthew David Mellen (Mellen, Matthew) (Filed on 6/25/2021) Modified on 6/28/2021 (bnsS, COURT STAFF). |
| Filing 43 ERRATA re #42 Notice of Voluntary Dismissal of Bank of New York Mellon by William Chamberlain. (Mellen, Matthew) (Filed on 6/24/2021) |
| Filing 42 NOTICE of Voluntary Dismissal of Bank of New York Mellon by William Chamberlain (Mellen, Matthew) (Filed on 6/24/2021) |
| Filing 41 Request for Judicial Notice re #39 MOTION to Dismiss First Amended Complaint filed byThe Bank of New York Mellon. (Attachments: #1 Exhibit 1-8)(Related document(s) #39 ) (Dailey, Steven) (Filed on 6/23/2021) |
| Filing 40 MOTION to Strike Portions of First Amended Complaint filed by The Bank of New York Mellon. Motion Hearing set for 9/9/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/7/2021. Replies due by 7/14/2021. (Attachments: #1 Proposed Order)(Dailey, Steven) (Filed on 6/23/2021) |
| Filing 39 MOTION to Dismiss First Amended Complaint filed by The Bank of New York Mellon. Motion Hearing set for 9/9/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/7/2021. Replies due by 7/14/2021. (Attachments: #1 Proposed Order)(Dailey, Steven) (Filed on 6/23/2021) |
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Filing 38
ORDER by Hon. Haywood S. Gilliam, Jr. DISCHARING Dkt. No. #33 Order to Show Cause in light of Plaintiff's counsel's explanation in Dkt. No. #34 . However, the Court is concerned by the frequent errors in Plaintiff's filings and admonishes Plaintiff's counsel to use greater care in its litigation practice to avoid prejudice to its clients' interests. Future incidents could result in a referral to the district's Standing Committee on Professional Conduct. The parties are also DIRECTED to provide the Court with a status update explaining when the parties anticipate filing the stipulation for dismissal, as contemplated by Dkt. No. #36 the parties' notice of settlement. Parties shall file a statement of two pages or less by June 25, 2021. Finally, Plaintiff's counsel must confirm by that same date (1) whether Bank of America is being dismissed with or without prejudice (compare Dkt. No. #35 with Dkt. No. #37 ); and (2) whether Bank of New York Mellon (not mentioned in the notice of settlement or voluntary dismissal) will also be dismissed from the case, so that the case can be closed in its entirety. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/21/2021)
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| Filing 37 NOTICE of Voluntary Dismissal Without Prejudice as to Bank of America by William Chamberlain (Mellen, Matthew) (Filed on 6/18/2021) |
| Filing 36 Notice of Settlement of ADA Access Case by Matthew David Mellen (Mellen, Matthew) (Filed on 6/18/2021) |
| Filing 35 ***DISREGARD, RE-FILED AT DOCKET NO #37 *** NOTICE of Voluntary Dismissal of Defednant Bank of America, N.A. by William Chamberlain (Mellen, Matthew) (Filed on 6/18/2021) Modified on 6/21/2021 (bnsS, COURT STAFF). |
| Filing 34 Declaration of Mattew Mellen in Support of #33 Order to Show Cause filed byWilliam Chamberlain. (Related document(s) #33 ) (Mellen, Matthew) (Filed on 6/17/2021) |
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Filing 33
ORDER TO SHOW CAUSE. Show Cause Response due by 6/17/2021. Signed by Judge Haywood S. Gilliam, Jr. on 6/15/2021. (ndrS, COURT STAFF) (Filed on 6/15/2021)
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| #Electronic filing error. REMINDER: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number instead of JCS. Re: #32 Notice (Ot her), filed by William Chamberlain (bnsS, COURT STAFF) (Filed on 6/14/2021) |
| Filing 32 NOTICE OF NON-OPPOSITION TO DEFENDANT SPECIALIZED LOAN SERVICING LLCS MOTION TO DISMISS PLAINTIFFS COMPLAINT AND INTENT TO FILE SECOND AMENDED COMPLAINT by William Chamberlain re #18 Notice (Other)(Cermak, Elizabeth) (Filed on 6/11/2021) Modified on 6/14/2021 (bnsS, COURT STAFF). |
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Filing 31
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. #21 Ex Parte Application. (hsglc2S, COURT STAFF) (Filed on 6/10/2021)
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| Filing 30 Request for Judicial Notice re #29 Opposition/Response to Motion, filed byThe Bank of New York Mellon. (Attachments: #1 Exhibit 1-6)(Related document(s) #29 ) (Dailey, Steven) (Filed on 6/10/2021) |
| Filing 29 OPPOSITION/RESPONSE (re #21 Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Restraining Order ) filed byThe Bank of New York Mellon. (Dailey, Steven) (Filed on 6/10/2021) |
| Filing 28 Request for Judicial Notice re #26 Opposition/Response to Motion, filed bySpecialized Loan Servicing, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #26 ) (Thomason, Ryan) (Filed on 6/9/2021) |
| Filing 27 Declaration of Specialized Loan Servicing LLC in Support of #26 Opposition/Response to Motion, filed bySpecialized Loan Servicing, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Related document(s) #26 ) (Thomason, Ryan) (Filed on 6/9/2021) |
| Filing 26 OPPOSITION/RESPONSE (re #21 Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Restraining Order ) filed bySpecialized Loan Servicing, LLC. (Thomason, Ryan) (Filed on 6/9/2021) |
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Filing 25
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff to file any opposition to Dkt. No. #5 and Dkt. No. #8 Defendants' motions to dismiss by June 11, 2021. Given that the deadlines for Plaintiff to respond to the motions to dismiss were over a week ago, failure by Plaintiff to oppose by June 11, 2021 may result in dismissal without further notice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/9/2021)
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| Reset Motion Deadline as to #5 MOTION to Dismiss and #8 MOTION to Dismiss , See Docket No. 25 : Responses due by 6/11/2021.(ndrS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 24 REPLY (re #5 MOTION to Dismiss ) filed byBank of America, N.A.. (Summerfield, Adam) (Filed on 6/8/2021) |
| Set Deadline as to #21 Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Restraining Order, See Docket No. 23 : Responses due by 6/10/2021. (ndrS, COURT STAFF) (Filed on 6/3/2021) |
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Filing 23
ORDER by Judge Haywood S. Gilliam, Jr., DIRECTING Plaintiff to serve Defendants by email Dkt. No. #21 Ex Parte Application for Temporary Restraining Order. The Court DIRECTS Defendants to file any written opposition to Dkt. No. #21 by June 10, 2021, with the matter to be deemed submitted unless a hearing is set by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/3/2021)
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| Filing 22 RESPONSE re #21 Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Restraining Order by Bank of America, N.A.. (Attachments: #1 Declaration of Adam F. Summerfield)(Summerfield, Adam) (Filed on 6/3/2021) |
| Filing 21 Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Restraining Order filed by William Chamberlain. (Attachments: #1 Declaration of William Chamberlain in Support of Ex Parte Application for Temporary Restraining Order, #2 Declaration of Matthew Mellen Re: Ex Parte Notice, #3 Proposed Order)(Mellen, Matthew) (Filed on 6/2/2021) Modified on 6/3/2021 (bnsS, COURT STAFF). |
| Reset Hearing as to #5 MOTION to Dismiss , See Docket No. #20 : Motion Hearing set for 8/19/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/28/2021) |
| Filing 20 Renotice motion hearing re #5 MOTION to Dismiss filed byBank of America, N.A.. (Related document(s) #5 ) (Summerfield, Adam) (Filed on 5/28/2021) |
| Filing 19 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for August 19, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-03541-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/28/2021) |
| #Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Renotice Motion. Correct event is found under Civil Events > Mot ion and Related Filings > Other Supporting Documents.. [err101] Corrected by Clerk's Office. No further action is necessary. Re: #18 Notice (Other) filed by Specialized Loan Servicing, LLC (bnsS, COURT STAFF) (Filed on 5/28/2021) |
| Reset Hearing as to #8 MOTION to Dismiss , See Docket No. #18 : Motion Hearing set for 8/19/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/27/2021) |
| Filing 18 Re-Notice of Motion to Dismiss Hearing by Specialized Loan Servicing, LLC re #10 Proposed Order, #9 Request for Judicial Notice, #8 MOTION to Dismiss (Thomason, Ryan) (Filed on 5/27/2021) Modified on 5/28/2021 (bnsS, COURT STAFF). |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case,. Signed by Clerk on 05/27/2021. (mbcS, COURT STAFF) (Filed on 5/27/2021)
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| Filing 16 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. (klhS, COURT STAFF) (Filed on 5/26/2021) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by William Chamberlain.. (Mellen, Matthew) (Filed on 5/24/2021) |
| Filing 14 Certificate of Interested Entities by William Chamberlain (Mellen, Matthew) (Filed on 5/24/2021) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bank of America, N.A... (Summerfield, Adam) (Filed on 5/19/2021) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Specialized Loan Servicing, LLC.. (Thomason, Ryan) (Filed on 5/19/2021) |
| Filing 11 Certificate of Interested Entities by Specialized Loan Servicing, LLC identifying Corporate Parent Computershare Limited, Other Affiliate The Bank of New York Mellon fka The Bank of New York, as Succesor Trustee for JP Morgan Chase Bank, N.A., as Trustee on Behalf of the Certificateholders of the CWHEQ Revolving Home Equity Loan Trust Series 2005-J for Specialized Loan Servicing, LLC. (Thomason, Ryan) (Filed on 5/19/2021) |
| Filing 10 Proposed Order re #8 MOTION to Dismiss by Specialized Loan Servicing, LLC. (Thomason, Ryan) (Filed on 5/19/2021) |
| Filing 9 Request for Judicial Notice re #8 MOTION to Dismiss filed bySpecialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #8 ) (Thomason, Ryan) (Filed on 5/19/2021) |
| Filing 8 MOTION to Dismiss filed by Specialized Loan Servicing, LLC. Motion Hearing set for 6/25/2021 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 6/2/2021. Replies due by 6/9/2021. (Thomason, Ryan) (Filed on 5/19/2021) |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 5/25/2021. (klhS, COURT STAFF) (Filed on 5/18/2021) |
| Filing 6 Request for Judicial Notice re #5 MOTION to Dismiss filed byBank of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #5 ) (Summerfield, Adam) (Filed on 5/18/2021) |
| Filing 5 MOTION to Dismiss filed by Bank of America, N.A.. Motion Hearing set for 6/18/2021 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 6/1/2021. Replies due by 6/8/2021. (Attachments: #1 Proposed Order)(Summerfield, Adam) (Filed on 5/18/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/6/2021. Initial Case Management Conference set for 8/13/2021 02:00 PM. (mclS, COURT STAFF) (Filed on 5/12/2021) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 5/26/2021. (anjS, COURT STAFF) (Filed on 5/12/2021) |
| #Electronic filing error. E-filer is reminded to enter the names of Corporate Parents correctly - BAC North America Holding Company and NB Holdings Corporation. Corrected by Clerk's Office. No further action is necessary. Re: #2 Certificate of Interested Entities, filed by Bank of America, N.A. (mclS, COURT STAFF) (Filed on 5/12/2021) |
| #Electronic filing error. Alias should be entered in the 'alias' field and NOT as part of the name. Corrected by Clerk's Office. No further action is necess ary. Re: #1 Notice of Removal, filed by Bank of America, N.A. (mclS, COURT STAFF) (Filed on 5/12/2021) |
| Filing 2 Certificate of Interested Entities by Bank of America, N.A. identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of America, N.A. re #1 Notice of Removal, (Summerfield, Adam) (Filed on 5/11/2021) Modified on 5/12/2021 (mclS, COURT STAFF). |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is HG21090624. (Filing fee $402 receipt number 0971-15954362). Filed byBank of America, N.A.. (Attachments: #1 * copy of Complaint attached *Exhibit A, #2 * copy of Amended Complaint attached * Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Summerfield, Adam) (Filed on 5/11/2021) Modified on 5/12/2021 (mclS, COURT STAFF). |
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