Akins et al v. Metropolitan Home Mortgage et al
| Leslye Akins and Larry Schmitz |
| HSBC Bank USA, National Association, Option One Mortgage Corporation, American Home Mortgage Servicing Inc., Metropolitan Home Mortgage and DOES 1 to 100 |
| 3:2010cv00814 |
| April 16, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| Orange |
| Marilyn L Huff |
| MJ xBencivengo |
| Real Property: Other |
| 15 U.S.C. § 1601 |
| None |
Docket Report
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This docket was last retrieved on September 14, 2010. A more recent docket listing may be available from PACER.
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Filing 28
ORDER Granting Request for Voluntary Dismissal. Signed by Judge Marilyn L. Huff on 09/14/2010.(All non-registered users served via U.S. Mail Service)(ag)
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| Filing 27 NOTICE of Voluntary Dismissal by Leslye Akins, Larry Schmitz (Attachments: #1 Proof of Service)(Menard, Jeffrey) (ag). |
| Filing 26 NOTICE Of Corrected Proof of Service by Metropolitan Home Mortgage re #25 MOTION to Dismiss Plaintiff's Complaint (Friesen, Henry) (ag). |
| Filing 25 MOTION to Dismiss Plaintiff's Complaint by Metropolitan Home Mortgage. (Attachments: #1 Request for Judicial Notice)(Friesen, Henry) (ag). |
| Filing 24 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief Can be Granted, or in the Alternative, for a More Definite Statement [FRCP 12(b)(6) and 12(3)] by Option One Mortgage Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service, #3 Request for Judicial Notice, #4 Exhibits to Request for Judicial Notice)(Bauer, Bruce) (ag). |
| Filing 23 DISREGARD DOCKET ENTRY; FILED IN ERROR - CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of American Home Mortgage Servicing Inc., DOES, HSBC Bank USA, National Association, Metropolitan Home Mortgage, and Option One Mortgage Corporation against Larry Schmitz and Leslye Akins. The Court grants Defendants motion to dismiss Plaintiffs First Amended Complaint. The Court dismisses the First Amended Complaint with prejudice.(All non-registered users served via U.S. Mail Service)(ag) Modified on 8/23/2010 to note that the Clerk's Judgement was filed in error (ag). |
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Filing 22
ORDER granting #19 Motion to Dismiss Plaintiffs' First Amended Complaint with Prejudice. If Plaintiffs discover specific facts that may allow them to maintain a cause of action against Defendants, Plaintiffs may file a motion for reconsideration along with a proposed second amended complaint. The Court denies as moot #19 Motion to Strike portions of Plaintiffs' first amended complaint. Signed by Judge Marilyn L. Huff on 08/09/2010. (All non-registered users served via U.S. Mail Service)(ag) (jcj).
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| Filing 21 REPLY to Response to Motion re #19 MOTION to Dismiss Plaintiff's Amended Complaint MOTION to Strike filed by American Home Mortgage Servicing Inc., HSBC Bank USA, National Association. (Attachments: #1 Proof of Service)(Scotten, Donald) (ag). |
| Filing 20 RESPONSE in Opposition re #19 MOTION to Dismiss Plaintiff's Amended Complaint MOTION to Strike filed by Leslye Akins, Larry Schmitz. (Attachments: #1 Proof of Service)(Menard, Jeffrey) (ag). |
| Filing 19 MOTION to Dismiss Plaintiff's Amended Complaint by American Home Mortgage Servicing Inc., HSBC Bank USA, National Association. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Scotten, Donald) (ag). Added MOTION to Strike on 7/15/2010 (ag). |
| Filing 18 AMENDED COMPLAINT with Jury Demand against American Home Mortgage Servicing Inc., DOES, Metropolitan Home Mortgage, Option One Mortgage Corporation, filed by Leslye Akins, Larry Schmitz. (Attachments: #1 Exhibit A,B,C,D,E, #2 Exhibit F,G)(Menard, Jeffrey) (ag). |
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Filing 17
ORDER Denying (Doc. #6 ) Motion for Preliminary Injunction. Signed by Judge Marilyn L. Huff on 6/7/2010. (All non-registered users served via U.S. Mail Service)(cap) (kaj).
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Filing 16
ORDER granting #4 Motion to Dismiss as to American Home Mortgage Servicing Inc. Plaintiffs may file an amended complaint curing the highlighted deficiencies within thirty days of the issuance of this order. Signed by Judge Marilyn L. Huff on 06/04/2010. (All non-registered users served via U.S. Mail Service)(ag)(jrl).
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Filing 15
ORDER granting #10 Joint Motion for Extension of Time to File Response/Reply re #4 MOTION to Dismiss Plaintiffs' Complaint. Responses due by 5/25/2010 and Replies due by 6/1/2010. Signed by Judge Marilyn L. Huff on 05/25/2010. (All non-registered users served via U.S. Mail Service)(ag) (jrl).
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| Filing 14 CERTIFICATE OF SERVICE by American Home Mortgage Servicing Inc. re #13 Reply to Response to Motion to Dismiss (Scotten, Donald) (ag). |
| Filing 13 REPLY to Response to Motion re #4 MOTION to Dismiss Plaintiffs' Complaint filed by American Home Mortgage Servicing Inc.. (Scotten, Donald) emailed atty to file proof of service (ag). |
| Filing 12 RESPONSE in Opposition re #4 MOTION to Dismiss Plaintiffs' Complaint filed by Leslye Akins, Larry Schmitz. (Attachments: #1 Proof of Service)(Menard, Jeffrey) (ag). |
| Filing 11 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction to Stop Foreclosure Sale filed by Leslye Akins, Larry Schmitz. (Attachments: #1 Proof of Service)(Menard, Jeffrey) (ag). |
| Filing 10 Joint MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss Plaintiffs' Complaint by Leslye Akins, Larry Schmitz. (Attachments: #1 Proof of Service)(Menard, Jeffrey) (ag). |
| Filing 9 CERTIFICATE OF SERVICE by American Home Mortgage Servicing Inc. re #8 Response in Opposition to Motion (Scotten, Donald) (ag). |
| Filing 8 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction to Stop Foreclosure Sale filed by American Home Mortgage Servicing Inc.. (Attachments: #1 Affidavit)(Scotten, Donald) (ag). |
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Filing 7
ORDER: Motions Submitted re #6 MOTION for Preliminary Injunction to Stop Foreclosure Sale and #4 MOTION to Dismiss Plaintiffs' Complaint. The Motion Hearings set for 05/24/2010 and 06/01/2010 at 10:30 AM before Judge Marilyn L. Huff are vacated. Signed by Judge Marilyn L. Huff on 05/17/2010.(All non-registered users served via U.S. Mail Service)(ag) (mam).
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| Filing 6 MOTION for Preliminary Injunction to Stop Foreclosure Sale by Leslye Akins, Larry Schmitz. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Menard, Jeffrey) (ag). |
| Filing 5 CERTIFICATE OF SERVICE by American Home Mortgage Servicing Inc. re #4 MOTION to Dismiss (Scotten, Donald) Modified on 4/27/2010 (ag). |
| Filing 4 MOTION to Dismiss Plaintiffs' Complaint by American Home Mortgage Servicing Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration Certificate of Service)(Scotten, Donald) emailed Attny re missing signature on proof of service (lao). |
| Filing 3 CERTIFICATE OF SERVICE by American Home Mortgage Servicing Inc. re #1 Notice of Removal, #2 Notice of Party With Financial Interest (ag) |
| Filing 2 NOTICE of Party With Financial Interest by American Home Mortgage Servicing Inc. (ag) |
| Filing 1 NOTICE OF REMOVAL with Complaint from Superior Court of California County of San Diego - East County Branch, case number 37-2010-00066045-CU-OR-EC. ( Filing fee $ 350 Receipt number 12530). Filed by American Home Mortgage Servicing Inc.(Atty Maint) (sjt) Text Modified on 4/19/2010 (sjt). (av1). |
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