Mangaoang v. Special Default Services, Inc. et al
| Cecilia Mangaoang |
| Trinity Financial Services, LLC, Select Portfolio Servicing, Inc., Special Default Services, Inc., Newport Beach Holdings, LLC and Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat |
| 5:2019cv03125 |
| June 5, 2019 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Susan van Keulen |
| Real Property: Other |
| 15 U.S.C. § 1692 |
| None |
Docket Report
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| Filing 45 CLERK'S NOTICE resetting Motion Hearing. Motion Hearing re: #3 MOTION for Order Granting Approval to Record Notice of Pendency of Action, #17 MOTION to Dismiss the Complaint, #19 MOTION to Dismiss , #31 MOTION to Dismiss is hereby reset to 9/24/2019 at 10:00 AM before Magistrate Judge Susan van Keulen. (Filed on 7/31/2019) (Additional attachment(s) added on 7/31/2019: #1 Certificate/Proof of Service) (dmcS, COURT STAFF). |
| Filing 44 Joinder re #43 MOTION to Dismiss the Complaint by Special Default Services, Inc.. (Cabezas, Fabio) (Filed on 7/25/2019) |
| Filing 43 MOTION to Dismiss the Complaint (Renoticed) filed by Newport Beach Holdings, LLC, Trinity Financial Services, LLC. Motion Hearing set for 9/3/2019 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 8/7/2019. Replies due by 8/14/2019. (Attachments: #1 Appendix Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit Exhibits 1-28 to RJN, #3 Proposed Order on Motion of Defendants Trinity Financial and Newport Beach Holdings to Dismiss the Complaint)(Henderson, Matthew) (Filed on 7/24/2019) |
| Filing 42 MOTION to Dismiss (Renoticed) filed by Select Portfolio Servicing, Inc., Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat. Motion Hearing set for 8/27/2019 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 7/16/2019. Replies due by 7/23/2019. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Hawkins, Bryan) (Filed on 7/19/2019) |
| Filing 41 Request for Judicial Notice re #40 Renotice motion hearing filed bySpecial Default Services, Inc.. (Attachments: #1 Exhibit 20, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Certificate/Proof of Service)(Related document(s) #40 ) (Cabezas, Fabio) (Filed on 7/18/2019) |
| Filing 40 Renotice motion hearing re #31 MOTION to Dismiss filed bySpecial Default Services, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #31 ) (Cabezas, Fabio) (Filed on 7/18/2019) |
| Filing 39 REPLY (re #17 MOTION to Dismiss the Complaint ) Re Non-Receipt of Opposition to Motion to Dismiss filed byNewport Beach Holdings, LLC, Trinity Financial Services, LLC. (Henderson, Matthew) (Filed on 7/16/2019) |
Filing 38
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Susan van Keulen for all further proceedings re #37 Order Directing Clerk to Reassign Case to Magistrate Judge. Judge Lucy H. Koh no longer assigned to case. (Attachments: #1 Certificate/Proof of Service) (bwS, COURT STAFF) (Filed on 7/16/2019)
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Filing 37
ORDER DIRECTING CLERK TO REASSIGN CASE. Signed by Judge Lucy H. Koh on 7/15/19. (lhklc1, COURT STAFF) (Filed on 7/15/2019) (Additional attachment(s) added on 7/16/2019: #1 Certificate/Proof of Service) (kedS, COURT STAFF).
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| Filing 36 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Special Default Services, Inc... (Cabezas, Fabio) (Filed on 7/15/2019) |
| Filing 35 **CLERK'S NOTICE ADVANCING HEARING DATE** Pursuant to this notice, the hearing on Defendant Special Default Services, Inc.s #31 Motion to Dismiss is ADVANCED to Thursday, October 17, 2019 at 1:30 PM in Courtroom 8, 4th floor, in San Jose, California before the Hon. Lucy H. Koh. (Attachments: #1 Certificate/Proof of Service) (kedS, COURT STAFF) (Filed on 7/12/2019) Modified on 7/12/2019 (kedS, COURT STAFF). |
| Filing 34 Corporate Disclosure Statement by Special Default Services, Inc. (Cabezas, Fabio) (Filed on 7/11/2019) |
| Filing 33 Certificate of Interested Entities by Special Default Services, Inc. (Cabezas, Fabio) (Filed on 7/11/2019) |
| Filing 32 Request for Judicial Notice re #31 MOTION to Dismiss filed bySpecial Default Services, Inc.. (Attachments: #1 Exhibit 20, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Certificate/Proof of Service)(Related document(s) #31 ) (Cabezas, Fabio) (Filed on 7/11/2019) |
| Filing 31 MOTION to Dismiss filed by Special Default Services, Inc.. Motion Hearing set for 10/24/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 7/25/2019. Replies due by 8/1/2019. (Attachments: #1 Proposed Order)(Cabezas, Fabio) (Filed on 7/11/2019) |
| Filing 30 Joinder re #17 MOTION to Dismiss the Complaint by Special Default Services, Inc.. (Cabezas, Fabio) (Filed on 7/11/2019) |
| Filing 28 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to Hon. Lucy H. Koh, an Initial Case Management Conference is SET for Wednesday, September 4, 2019 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California before the Hon. Lucy H. Koh. A Joint Case Management Statement is due August 28, 2019. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk Hearings on #3 MOTION for Order Granting Approval to Record Notice of Pendency of Action, #17 MOTION to Dismiss the Complaint, and #19 MOTION to Dismiss SET for Thursday, October 17, 2019 at 1:30 PM in Courtroom 8, 4th floor, in San Jose, California before the Hon. Lucy H. Koh. (Attachments: #1 Certificate/Proof of Service) (kedS, COURT STAFF) (Filed on 7/11/2019) |
| Filing 29 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cecilia Mangaoang.. (dhmS, COURT STAFF) (Filed on 7/10/2019) |
| Filing 27 SUMMONS Returned Executed by Cecilia Mangaoang. Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat served on 6/18/2019, answer due 7/9/2019. (dhmS, COURT STAFF) (Filed on 7/10/2019) |
| Filing 26 SUMMONS Returned Executed by Cecilia Mangaoang. Newport Beach Holdings, LLC served on 6/11/2019, answer due 7/2/2019. (dhmS, COURT STAFF) (Filed on 7/10/2019) |
| Filing 25 SUMMONS Returned Executed by Cecilia Mangaoang. Trinity Financial Services, LLC served on 6/11/2019, answer due 7/2/2019. (dhmS, COURT STAFF) (Filed on 7/10/2019) |
| Filing 24 SUMMONS Returned Executed by Cecilia Mangaoang. Select Portfolio Servicing, Inc. served on 6/11/2019, answer due 7/2/2019. (dhmS, COURT STAFF) (Filed on 7/10/2019) |
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Filing 23
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service)(bwS, COURT STAFF) (Filed on 7/9/2019)
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Filing 22
ORDER OF REASSIGNMENT. The Clerk of the Court shall reassign this case to a district judge pursuant to the Court's assignment plan. Signed by Judge Virginia K. DeMarchi on 7/9/2019. (vkdlc1S, COURT STAFF) (Filed on 7/9/2019) (Additional attachment(s) added on 7/9/2019: #1 Certificate/Proof of Service) (pmcS, COURT STAFF).
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| Per #23 Order Reassigning Case, the 7/23/2019 hearing on #3 MOTION for Order Granting Approval to Record Notice of Pendency of Action and the 8/13/2019 hearings on #17 MOTION to Dismiss the Complaint and #19 MOTION to Dismiss are hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc1S, COURT STAFF) (Filed on 7/9/2019) |
| Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Select Portfolio Servicing, Inc., Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat.. (Hawkins, Bryan) (Filed on 7/2/2019) |
| Filing 20 Corporate Disclosure Statement by Select Portfolio Servicing, Inc., Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat identifying Corporate Parent Credit Suisse AG, Corporate Parent SPS Holding Corp., Corporate Parent Credit Suisse Holdings (USA), Inc., Corporate Parent Credit Suisse Group AG for Select Portfolio Servicing, Inc.. (Hawkins, Bryan) (Filed on 7/2/2019) |
| Filing 19 MOTION to Dismiss filed by Select Portfolio Servicing, Inc., Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat. Motion Hearing set for 8/13/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 7/16/2019. Replies due by 7/23/2019. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Hawkins, Bryan) (Filed on 7/2/2019) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Newport Beach Holdings, LLC, Trinity Financial Services, LLC.. (Henderson, Matthew) (Filed on 7/2/2019) |
| Filing 17 MOTION to Dismiss the Complaint filed by Newport Beach Holdings, LLC, Trinity Financial Services, LLC. Motion Hearing set for 8/13/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 7/10/2019. Replies due by 7/17/2019. (Attachments: #1 Request for Judicial Notice In Support of Motion to Dismiss, #2 Exhibit Exhibits 1-28 to RJN)(Henderson, Matthew) (Filed on 6/26/2019) |
| Filing 16 REPLY to Defendants' Opposition to Plaintiff's Request for Lis Pendens and Request for Judicial Notice (re #11 filed by Cecilia Mangaoang. (bwS, COURT STAFF) (Filed on 6/24/2019) |
| Filing 15 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. Consent/Declination due by 7/8/2019. (Attachments: #1 Certificate/Proof of Service) (pmcS, COURT STAFF) (Filed on 6/24/2019) |
| Filing 14 NOTICE of Change of Address by Cecilia Mangaoang (bwS, COURT STAFF) (Filed on 6/24/2019) |
| Filing 13 CERTIFICATE OF SERVICE re 12 Clerk's Notice,, Set Motion and Deadlines/Hearings, (pmcS, COURT STAFF) (Filed on 6/20/2019) |
| Filing 12 CLERK'S NOTICE SETTING HEARING re #3 MOTION for Order Granting Approval to Record Notice of Pendency of Action. Motion Hearing set for 7/23/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc1S, COURT STAFF) (Filed on 6/20/2019) |
| Filing 11 OPPOSITION/RESPONSE (re #3 MOTION for Order Granting Approval to Record Notice of Pendency of Action ) filed byNewport Beach Holdings, LLC, Trinity Financial Services, LLC. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1-23 to Request for Judicial Notice)(Henderson, Matthew) (Filed on 6/19/2019) |
| Filing 10 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/27/2019. Initial Case Management Conference set for 9/3/2019 01:30 PM in San Jose, Courtroom 2, 5th Floor. (Attachments: #1 Standing Order)(dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 9 Summons Issued as to Select Portfolio Servicing, Inc.. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 8 Summons Issued as to Wilmington Trust, NA, as Trustee. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 7 Summons Issued as to Newport Beach Holdings, LLC. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 6 Summons Issued as to Trinity Financial Services, LLC. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 5 Summons Issued as to Special Default Services, Inc.. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 4 Proposed Order re #3 MOTION for Order Granting Approval to Record Notice of Pendency of Action by Cecilia Mangaoang. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 3 MOTION for Order Granting Approval to Record Notice of Pendency of Action filed by Cecilia Mangaoang. Responses due by 6/19/2019. Replies due by 6/26/2019. (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 2 NOTICE of Pendency of Action by Cecilia Mangaoang (dhmS, COURT STAFF) (Filed on 6/5/2019) |
| Filing 1 COMPLAINT against Newport Beach Holdings, LLC, Select Portfolio Servicing, Inc., Special Default Services, Inc., Trinity Financial Services, LLC, Wilmington Trust, NA, Successor Trustee to Citibank, N.A. as Trustee, for the Benefit of Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR3, Mortgage Pass-Through Certificat (Filing fee $ 400.00 receipt #54611018093). Filed by Cecilia Mangaoang. Consent/Declination due by 6/19/2019. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(dhmS, COURT STAFF) (Filed on 6/5/2019) |
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