Hernandez v. Newrez, LLC
| Conrad Hernandez |
| Newrez, LLC a business entity doing business as Shellpoint Mortgage Servicing |
| 4:2022cv05749 |
| October 5, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Susan van Keulen |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 17 NOTICE of Voluntary Dismissal by Conrad Hernandez (Shapero, Sarah) (Filed on 10/28/2022) |
Filing 16
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff to refile Dkt. No. #15 the request for dismissal, currently filed as a motion to dismiss, as a simple notice of dismissal under Fed. R. Civ. P. 41(a) by October 31, 2022. No motion is necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 10/28/2022)
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| ***Civil Case Terminated, See Docket No. #17 .*** (ndr, COURT STAFF) (Filed on 10/28/2022) |
| Filing 15 MOTION to Dismiss Request for Dismissal filed by Conrad Hernandez. Responses due by 11/3/2022. Replies due by 11/10/2022. (Shapero, Sarah) (Filed on 10/20/2022) |
| Filing 14 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #13 . In the future when filing a Notice of Withdrawal of Motion, the correct event to use is Notice of Withdrawal of Motion located under Notices under the Other Filings category. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 10/11/2022) |
| *** #11 Ex Parte MOTION to Set Aside Forfeiture PLAINTIFFS EX PARTE APPLICATION FOR A TEMPORARY RESTAINING ORDER TO RESTRAIN THE FORECLOSURE SALE OF HER PROPERTY Terminated, See Docket No. #13 .*** (ndr, COURT STAFF) (Filed on 10/10/2022) |
| Set Deadline as to #11 Ex Parte MOTION to Set Aside Forfeiture PLAINTIFFS EX PARTE APPLICATION FOR A TEMPORARY RESTAINING ORDER TO RESTRAIN THE FORECLOSURE SALE OF HER PROPERTY MOTION for Temporary Restraining Order URGENT, See Docket No. #12 . Responses due by 10/11/2022. (ndr, COURT STAFF) (Filed on 10/10/2022) |
| Filing 13 Notice of Withdrawal of Motion #11 filed by Conrad Hernandez. Responses due by 10/24/2022. Replies due by 10/31/2022. (Shapero, Sarah) (Filed on 10/10/2022) Modified on 10/11/2022 to correct docket text (ndr, COURT STAFF). |
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Filing 12
ORDER RE DKT. NO. #11 MOTION FOR TEMPORARY RESTRAINING ORDER. Responses due by 10/11/2022. Signed by Judge Haywood S. Gilliam, Jr. on 10/10/22. (hsglc3, COURT STAFF) (Filed on 10/10/2022)
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| Filing 11 Ex Parte Application for a Temporary Restraining Order to Restrain the Foreclosure Sale of her Property filed by Conrad Hernandez. Responses due by 10/21/2022. Replies due by 10/28/2022. (Attachments: #1 Supplement MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, #2 Declaration OF CONRAD HERNANDEZ IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, #3 Declaration OF SARAH SHAPERO IN SUPPORT OF EX PARTE APPLICATION RESTRAINING ORDER , #4 [PROPOSED] ORDER (Shapero, Sarah) (Filed on 10/7/2022) Modified on 10/11/2022 (kmg, COURT STAFF). Modified on 10/11/2022 (kmg, COURT STAFF). Modified on 10/11/2022 (kmg, COURT STAFF). |
| Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for January 3, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by December 27th. 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 4:22-cv-05749-HSG. The January 3rd proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 10/7/2022) |
| Filing 9 Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Susan Van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 10/7/2022. (bw, COURT STAFF) (Filed on 10/7/2022) |
| Filing 8 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 10/7/2022) |
| Filing 7 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 10/6/2022) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Conrad Hernandez.. (Shapero, Sarah) (Filed on 10/6/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/27/2022. Initial Case Management Conference set for 1/3/2023 09:30 AM. (mcl, COURT STAFF) (Filed on 10/5/2022) |
| Filing 4 Case assigned to Magistrate Judge Susan van Keulen. 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. (ark, COURT STAFF) (Filed on 10/5/2022) |
| Filing 3 Civil Cover Sheet by Conrad Hernandez . (Shapero, Sarah) (Filed on 10/5/2022) |
| Filing 2 Civil Cover Sheet by Conrad Hernandez . (Shapero, Sarah) (Filed on 10/5/2022) |
| Filing 1 COMPLAINT against NEWREZ, LLC DBA SHELLPOINT MORTGAGE SERVICING ( Filing fee $ 402, receipt number ACANDC-17596660.). Filed byCONRAD HERNANDEZ. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Shapero, Sarah) (Filed on 10/5/2022) |
| #Electronic filing error. Civil Cover Sheet missing Nature of Suit. No judge assignment will be made until the corrected document is e-filed. Submit your corrected document using C ivil Events > Other Filings > Other Documents > Civil Cover SheetPlease re-file in its entirety. Re: #1 Complaint, filed by CONRAD HERNANDEZ (ark, COURT STAFF) (Filed on 10/5/2022) |
| #Electronic filing error. Please resubmit Civil Cover Sheet. Use October 2020 form which can be downloaded from https://cand.uscourts.gov/. No judge assignment will be made until t he document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #2 Civil Cover Sheet filed by Conrad Hernandez (mbc, COURT STAFF) (Filed on 10/5/2022) |
| #Electronic filing error. Filer is reminded NOT to enter parties' names in capitalized letters. Corrected by Clerk's Office. No further action is necessary. Re: #1 Complaint, filed by Conrad Hernandez. (mcl, COURT STAFF) (Filed on 10/5/2022) |
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| Plaintiff: Conrad Hernandez | |
| Represented By: | Sarah Elizabeth Shapero |
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| Defendant: Newrez, LLC a business entity doing business as Shellpoint Mortgage Servicing | |
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