Strickland v. RUSHMYFILE, INC. et al
| JoAnne L. Strickland |
| RUSHMYFILE, INC., Jeremy James Cipollone, Bayside Mortgage and Real Estate Services, Inc., Superior Loan Servicing, Asset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Jimmy Hui, Jing Feng, Hou Sang Wong and Gilbert Choy |
| 4:2021cv08135 |
| October 18, 2021 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Real Property: Foreclosure |
| 15 U.S.C. § 1601 |
| Plaintiff |
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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Filing 29
ORDER VACATING HEARINGS. Signed by Judge Jon S. Tigar on 12/1/21. (jjo, COURT STAFF) (Filed on 12/1/2021)
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| Filing 28 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by Jeremy James Cipollone. Motion Hearing set for 2/3/2022 02:00 PM in Oakland, - To be determined before Judge Jon S. Tigar. Responses due by 12/14/2021. Replies due by 12/21/2021. (Attachments: #1 Request for Judical Notice ISO Cipollone's Motion to Dismiss)(Seto, Stephen) (Filed on 11/30/2021) |
| Filing 27 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 12/9/2021 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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/jst Court Appearances: Advanced notice is required of counsel or parties who wish t o be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.yuscourts.gov no later than December 8, 2021 by 2:00 p.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/., Set/Reset Deadlines as to #16 MOTION to Dismiss . Motion Hearing set for 12/9/2021 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (Related documents(s) #16 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 11/29/2021) |
| Filing 26 OPPOSITION/RESPONSE (re #18 MOTION for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale ) filed byAsset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Weber, Edward) (Filed on 11/24/2021) |
| Filing 25 OPPOSITION/RESPONSE (re #20 MOTION to Dismiss ) filed by JoAnne L. Strickland. (Estavillo, Jason) (Filed on 11/23/2021) Modified on 11/24/2021 (kmg, COURT STAFF). |
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Filing 24
Order by Judge Jon S. Tigar denying #21 Ex Parte Application #21 Ex Parte Application re #18 MOTION for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale .(mll, COURT STAFF) (Filed on 11/12/2021)
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| Filing 23 EXHIBITS re #22 Opposition/Response to Motion, Recorded Trustee's Deed Upon Sale filed byAsset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. (Related document(s) #22 ) (Weber, Edward) (Filed on 11/12/2021) |
| Filing 22 OPPOSITION/RESPONSE (re #21 Ex Parte Application re #18 MOTION for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale ) filed byAsset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. (Weber, Edward) (Filed on 11/11/2021) |
| Filing 21 Ex Parte Application re #18 MOTION for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale filed by JoAnne L. Strickland. (Attachments: #1 Declaration Certificate In Support Of Ex Parte Application For Order Shortening Time On Motion For Preliminary Injunction To Cancel And Enjoin Issuance Of Trustees Deed Upon Sale, #2 Declaration Declaration Of Maria Yolanda Lepe In Support Of Ex Parte Application For Order Shortening Time On Motion For Preliminary Injunction To Cancel Nd Enjoin Issuance Of Trustees Deed Upon Sale, #3 Proposed Order [Proposed] Order Granting Ex Parte Application For Order Shortening Time On Motion For Preliminary Injunction To Cancel And Enjoin Issuance Of Trustees Deed Upon Sale., #4 Certificate/Proof of Service)(Estavillo, Jason) (Filed on 11/10/2021) |
| Filing 20 MOTION to Dismiss filed by Asset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. Motion Hearing set for 1/13/2022 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 11/23/2021. Replies due by 11/30/2021. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Weber, Edward) (Filed on 11/9/2021) |
| Filing 19 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), The motion hearing set for 1/6/2022 is CONTINUED to due to being set on a date that is closed to further settings. Set/Reset Deadlines as to #18 MOTION for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale.,. Motion Hearing set for 1/13/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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/jst 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than January 12, 2022 by 2:00 p.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/. Motion Hearing set for 1/13/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (Related documents(s) #18 )(mll, COURT STAFF) (Filed on 11/8/2021) |
| Filing 18 MOTION for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale filed by JoAnne L. Strickland. Motion Hearing set for 1/6/2022 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 11/19/2021. Replies due by 11/26/2021. (Attachments: #1 Supplement Motion for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale, #2 Declaration Declaration of JoAnne L. Strickland in Support of Motion for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale, #3 Proposed Order [Proposed] Order Granting Motion for Preliminary Injunction to Cancel and Enjoin Issuance of Trustee's Deed Upon Sale, #4 Certificate/Proof of Service Proof of Service)(Estavillo, Jason) (Filed on 11/5/2021) |
| Filing 17 AMENDED COMPLAINT against All Defendants. Filed byJoAnne L. Strickland. (Estavillo, Jason) (Filed on 11/3/2021) |
| Filing 16 MOTION to Dismiss filed by Asset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. Motion Hearing set for 12/9/2021 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 11/10/2021. Replies due by 11/17/2021. (Attachments: #1 Declaration of Jimmy Hui, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Weber, Edward) (Filed on 10/27/2021) |
| Filing 15 Summons Issued as to Asset Default Management, Inc., Bayside Mortgage and Real Estate Services, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jeremy James Cipollone, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. (ark, COURT STAFF) (Filed on 10/25/2021) |
| Filing 14 Proposed Summons. (Estavillo, Jason) (Filed on 10/22/2021) |
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Filing 13
ORDER DENYING EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER by Judge Jon S. Tigar denying #5 Ex Parte Application.(mllS, COURT STAFF) (Filed on 10/22/2021)
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| Filing 12 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/18/2022. Initial Case Management Conference set for 1/25/2022 02:00 PM in Oakland, - 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/jst Court Appearances: Advan ced 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than January 24, 2022 by 2:00 p.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/. Case Management Statement due by 1/18/2022. Initial Case Management Conference set for 1/25/2022 02:00 PM in Oakland, - Videoconference Only. (mllS, COURT STAFF) (Filed on 10/20/2021) |
| Filing 11 Proposed Summons. (Estavillo, Jason) (Filed on 10/20/2021) |
| Filing 10 OPPOSITION/RESPONSE (re #5 Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction ) filed byAsset Default Management, Inc., Mark Capalongan, Sandra Capalongan, Gilbert Choy, Jing Feng, Jimmy Hui, RUSHMYFILE, INC., Superior Loan Servicing, Hou Sang Wong. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weber, Edward) (Filed on 10/20/2021) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Donna M. Ryu 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 the Clerk on 10/20/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 10/20/2021)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE. The court cannot decide the pending Ex Parte Application for Temporary Restraining Order #5 without the consent of all parties, served and unserved. See Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017). Defendants Cipollone and Bayside Mortgage and Real Estate Services, Inc. have not yet appeared. The Clerk of this Court will now randomly reassign this case to a District Judge because 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. (dmrlc2, COURT STAFF) (Filed on 10/20/2021) |
| Filing 7 CERTIFICATE OF SERVICE by JoAnne L. Strickland re #6 Certificate of Service, #5 Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction , REQUEST FOR WAIVER of Service by JoAnne L. Strickland. (Estavillo, Jason) (Filed on 10/20/2021) |
| Filing 6 CERTIFICATE OF SERVICE by JoAnne L. Strickland (Attachments: #1 Supplement Complaint to accompany Ex Parte Application)(Estavillo, Jason) (Filed on 10/20/2021) |
| Filing 5 Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction filed by JoAnne L. Strickland. (Attachments: #1 Supplement Memorandum Of Points And Authorities In Support Of Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction;, #2 Declaration Of Joanne L. Strickland In Support Of Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction; And, #3 Declaration Of Maria Yolanda Lepe In Support Of Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction, #4 [Proposed] Order Granting Ex Parte Application For Temporary Restraining Order To Cancel And Enjoin The Sale Scheduled For October 22, 2021 And Order To Show Cause Re: Preliminary Injunction, #5 Certificate/Proof of Service)(Estavillo, Jason) (Filed on 10/20/2021) Modified on 10/20/2021 (ecgS, COURT STAFF). |
| Filing 4 NOTICE of Appearance by Edward Thomas Weber (Weber, Edward) (Filed on 10/19/2021) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/12/2022. Initial Case Management Conference set for 1/19/2022 01:30 PM in Oakland, - Videoconference Only. (arkS, COURT STAFF) (Filed on 10/19/2021) |
| Filing 2 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 11/2/2021. (haS, COURT STAFF) (Filed on 10/19/2021) |
| #Electronic filing error. Incorrect event used for Proposed Summons. [err101]This filing will not be processed by the clerks office.Please re-file Summons using 'Proposed Summ ons' event. Re: #1 Complaint, Attachment 2- Summons filed by JoAnne L. Strickland (arkS, COURT STAFF) (Filed on 10/19/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16510023.). Filed byJoAnne L. Strickland. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons)(Estavillo, Jason) (Filed on 10/18/2021) |
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