McAfee et al v. PHH Mortgage Corporation et al
Plaintiff: Marguerite McAfee and Eric McAfee
Defendant: Aztec Foreclosure Corporation, PHH Mortgage Corporation and Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association
Case Number: 5:2019cv04062
Filed: July 15, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Filing 40 ADR Remark: ADR Phone Conference in Early Assessment of Mortgage Foreclosure Case held on 8/21/2019 by Tamara Lange (ec, COURT STAFF) (Filed on 8/22/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.)
August 20, 2019 Opinion or Order Filing 39 ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO RELATE CASES 60 in 5:18-cv-05844 NC. The Court further ORDERS that all future filings will be Case No. 5:18-cv-05844-NC, and is to be reopened. Case No. 5:19-cv-04062 NC is ORDERED administratively closed. ***Civil Case Terminated. Signed by Judge Nathanael Cousins on 8/20/2019. (lmh, COURT STAFF) (Filed on 8/20/2019)
August 20, 2019 Opinion or Order Filing 38 ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT; ORDER DENYING PLAINTIFFS' MOTION TO REMAND. Re: Dkt. Nos. #8 , #11 , #15 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/20/2019)
August 14, 2019 Filing 37 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aztec Foreclosure Corporation.. (Hernandez, Darlene) (Filed on 8/14/2019)
August 13, 2019 Filing 36 REPLY (re #15 MOTION to Remand ) filed byEric McAfee, Marguerite McAfee. (Shapero, Sarah) (Filed on 8/13/2019)
August 12, 2019 Filing 35 AMENDED COMPLAINT against All Defendants. Filed byEric McAfee, Marguerite McAfee. (Shapero, Sarah) (Filed on 8/12/2019)
August 8, 2019 Filing 34 REPLY (re #11 MOTION to Dismiss Complaint at ECF Dkt. No. 1-1 Pursuant to F.R.C.P. 12(b)(6) ) filed byMorgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association. (Gershman, Matthew) (Filed on 8/8/2019)
August 7, 2019 Filing 33 REPLY (re #8 MOTION to Dismiss Plaintiff's Complaint ) filed byPHH Mortgage Corporation. (Taylor, Tanya) (Filed on 8/7/2019)
August 6, 2019 Filing 32 NON-OPPOSITION to Defendant Morgan Stanley's Motion to Dismiss and Intent to File Amended Complaint (re #11 MOTION to Dismiss Complaint at ECF Dkt. No. 1-1 Pursuant to F.R.C.P. 12(b)(6) ) filed by Eric McAfee, Marguerite McAfee. (Shapero, Sarah) (Filed on 8/6/2019) Modified on 8/7/2019 (sfbS, COURT STAFF).
August 6, 2019 Filing 31 Joinder re #29 Opposition/Response to Motion, to Remand by PHH Mortgage Corporation. (Taylor, Tanya) (Filed on 8/6/2019)
August 6, 2019 Filing 30 ADR Remark: ADR Phone Conference set for 8/8/19 #28 has been continued to 8/21/19 at 11 a.m. per Plaintiff's request. Dial-In Information remains the same. (ec, COURT STAFF) (Filed on 8/6/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.)
August 6, 2019 Filing 29 OPPOSITION/RESPONSE (re #15 MOTION to Remand ) filed byMorgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association. (Attachments: #1 Declaration of Matthew R. Gershman In Support, #2 Supplement Request for Judicial Notice In Support)(Gershman, Matthew) (Filed on 8/6/2019)
August 2, 2019 Filing 28 ADR Clerk's Notice Setting Early Assessment ADR Phone Conference in Mortgage Foreclosure Case on 8/8/19 at 11 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 8/2/2019)
August 2, 2019 Opinion or Order Filing 27 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 8/2/2019. (lmh, COURT STAFF) (Filed on 8/2/2019)
August 1, 2019 Filing 26 CLERK'S NOTICE REGARDING Consent or Declination: Defendant Aztec Foreclosure Corporation is requested to file a consent or declination to proceed before a magistrate judge by 8/15/2019. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/1/2019)
August 1, 2019 Filing 25 CLERK'S NOTICE RESETTING Motion Dismiss Plaintiff's Complaint filed by PHH Mortgage Corporation #8 . Motion Hearing set for 9/4/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/1/2019)
August 1, 2019 Opinion or Order Filing 24 ORDER GRANTING Plaintiff's Ex-Parte Motion to Enlarge Time #10 . Initial Case Management Conference set for 8/7/2019 is continued to 10/2/2019 at 10:00 AM. Counsel may participate by telephone. Case Management Statement due by 9/25/2019. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/1/2019)
July 31, 2019 Filing 23 MOTION to Appear by Telephone at Case Management Conference filed by PHH Mortgage Corporation. (Attachments: #1 Proposed Order)(Sasso, Marcos) (Filed on 7/31/2019)
July 31, 2019 Filing 22 MOTION to Appear by Telephone filed by Eric McAfee, Marguerite McAfee. (Attachments: #1 Proposed Order)(Shapero, Sarah) (Filed on 7/31/2019)
July 31, 2019 Filing 21 JOINT CASE MANAGEMENT STATEMENT filed by Eric McAfee, Marguerite McAfee. (Shapero, Sarah) (Filed on 7/31/2019)
July 31, 2019 Filing 20 OPPOSITION/RESPONSE (re #8 MOTION to Dismiss Plaintiff's Complaint ) filed byEric McAfee, Marguerite McAfee. (Shapero, Sarah) (Filed on 7/31/2019)
July 30, 2019 Reset Deadlines as to Plaintiffs' Motion to Remand #15 : Hearing continued to 9/4/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins pursuant to Notice #17 . (lmh, COURT STAFF) (Filed on 7/30/2019)
July 29, 2019 Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eric McAfee, Marguerite McAfee.. (Shapero, Sarah) (Filed on 7/29/2019)
July 23, 2019 Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association.. (Gershman, Matthew) (Filed on 7/23/2019)
July 23, 2019 Filing 17 NOTICE by Eric McAfee, Marguerite McAfee re #15 MOTION to Remand , #16 Request for Judicial Notice of Continued Hearing Date (Shapero, Sarah) (Filed on 7/23/2019)
July 23, 2019 Filing 16 Request for Judicial Notice re #15 MOTION to Remand filed byEric McAfee, Marguerite McAfee. (Related document(s) #15 ) (Shapero, Sarah) (Filed on 7/23/2019)
July 23, 2019 Filing 15 MOTION to Remand filed by Eric McAfee, Marguerite McAfee. Motion Hearing set for 8/28/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 8/6/2019. Replies due by 8/13/2019. (Attachments: #1 Proposed Order)(Shapero, Sarah) (Filed on 7/23/2019)
July 23, 2019 Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by PHH Mortgage Corporation.. (Taylor, Tanya) (Filed on 7/23/2019)
July 23, 2019 Filing 13 NOTICE of Appearance by Tanya Marie Taylor and Marcos D. Sasso (Taylor, Tanya) (Filed on 7/23/2019)
July 22, 2019 Filing 12 Request for Judicial Notice re #11 MOTION to Dismiss Complaint at ECF Dkt. No. 1-1 Pursuant to F.R.C.P. 12(b)(6) filed byMorgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association. (Attachments: #1 Exhibit 1 - 11)(Related document(s) #11 ) (Gershman, Matthew) (Filed on 7/22/2019)
July 22, 2019 Filing 11 MOTION to Dismiss Complaint at ECF Dkt. No. 1-1 Pursuant to F.R.C.P. 12(b)(6) filed by Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association. Motion Hearing set for 9/4/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 8/5/2019. Replies due by 8/12/2019. (Attachments: #1 Appendix A: redline comparing First Amended Complaint to Second Amended Complaint in the First-Filed Action, #2 Appendix B: redline comparing Plaintiffs dismissed Second Amended Complaint from the First-Filed Action and their re-filed complaint filed in state court, #3 Proposed Order)(Gershman, Matthew) (Filed on 7/22/2019)
July 22, 2019 Filing 10 MOTION to Continue CASE MANAGEMENT CONFERENCE, Ex Parte Application re #9 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Eric McAfee, Marguerite McAfee. (Attachments: #1 Declaration of Sarah Shapero, #2 Proposed Order)(Shapero, Sarah) (Filed on 7/22/2019)
July 22, 2019 Filing 9 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Eric McAfee, Marguerite McAfee. (Shapero, Sarah) (Filed on 7/22/2019)
July 17, 2019 Filing 8 MOTION to Dismiss Plaintiff's Complaint filed by PHH Mortgage Corporation. Motion Hearing set for 8/21/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 7/31/2019. Replies due by 8/7/2019. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Taylor, Tanya) (Filed on 7/17/2019)
July 17, 2019 Filing 7 Certificate of Interested Entities by PHH Mortgage Corporation identifying Corporate Parent PHH Corporation for PHH Mortgage Corporation. (Taylor, Tanya) (Filed on 7/17/2019)
July 16, 2019 Filing 6 CLERK'S NOTICE ADVANCING Initial Case Management Conference to 8/7/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. Case Management Statement due by 7/31/2019. All parties are requested to file a consent or declination to proceed before a magistrate judge by 7/30/2019. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/16/2019)
July 16, 2019 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/9/2019. Initial Case Management Conference set for 10/16/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 7/16/2019)
July 16, 2019 Filing 4 Case assigned to Judge Nathanael M. Cousins. 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 7/30/2019. (ajsS, COURT STAFF) (Filed on 7/16/2019)
July 15, 2019 Filing 3 CERTIFICATE OF SERVICE by Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association re #1 Notice of Removal,, #2 Certificate of Interested Entities, (Gershman, Matthew) (Filed on 7/15/2019)
July 15, 2019 Filing 2 Certificate of Interested Entities by Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association identifying Corporate Parent Morgan Stanley Bank, N.A., Other Affiliate Morgan Stanley Domestic Holdings, Inc. for Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association. (Gershman, Matthew) (Filed on 7/15/2019)
July 15, 2019 Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 19CV348931. (Filing fee $400 receipt number 0971-13521211). Filed byMorgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association. (Attachments: #1 Exhibit A: Summons and Complaint; B: Declaration of Non-Monetary Status filed by Defendant Aztec Foreclosure Corporation; C: Other Materials Served Upon Removing Defendant; D: State Court Docket, #2 Civil Cover Sheet)(Gershman, Matthew) (Filed on 7/15/2019)

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Defendant: Aztec Foreclosure Corporation
Represented By: Darlene Pacquing Hernandez
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Defendant: PHH Mortgage Corporation
Represented By: Marcos D. Sasso
Represented By: Tanya Marie Taylor
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Defendant: Morgan Stanley Delta Holdings, LLC dba Morgan Stanley Private Bank, National Association
Represented By: Matthew Ryan Gershman
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Plaintiff: Marguerite McAfee
Represented By: Sarah Shapero
Represented By: Sarah Elizabeth Shapero
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Plaintiff: Eric McAfee
Represented By: Sarah Shapero
Represented By: Sarah Elizabeth Shapero
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