Daniels et al v. Comunity Lending, Inc et al
| Ellington Daniels and Diane Daniels |
| Comunity Lending, Inc, Bank of New York, The, Bank of America, N.A., Recontrust Company, N.A., Ginnie Mae, New Century Mortgage, Bank of America Home Loans, The, Countrywide Home Loans and Mortgage Electronic Registration Systems |
| 3:2013cv00488 |
| February 28, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jan M. Adler |
| William Q. Hayes |
| Real Property: Foreclosure |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
170
ORDER: Plaintiffs' motion for leave to file a fifth amended complaint (Dkt # 163 ) is denied. The Clerk of the Court shall close the case. Signed by Judge William Q. Hayes on 1/11/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
|
|
Filing
153
ORDER: The "Motion for Order to Show Cause Vacation of Judgment/Order" (Doc. 137 ) is denied. Plaintiff shall file any motion to file an amended pleading, relating to any claims not dismissed with prejudice, within twenty (20) days of the date this order is filed. Plaintiff must attach any proposed amended pleading to the motion to file the amended pleading. Signed by Judge William Q. Hayes on 5/12/2015. (All non-registered users served via U.S. Mail Service.) (mdc)
|
|
Filing
132
ORDER: The "Motion to Strike Defendants Documents Dispute Authenticity," the "Amended Motion to Strike Defendants Immaterial Evidence Dispute Authenticity," and the Motion to Strike Defendants Answer to Plaintiffs' Fourth Ame nded Complaint (Docs. 107 , 119 , 121 ) are denied as moot. The Motion to Dismiss Plaintiffs' Fourth Amended Complaint (Doc. 103 ) is granted. The Fourth Amended Complaint is dismissed as to all Moving Defendants. The Motion for a Preliminar y Injunction (Doc. 122 ) is denied. The Fourth Amended Complaint is dismissed without prejudice as to Defendants ComUnity Lending, Inc. and New Century Mortgage for failure to serve in accordance with Federal Rule of Civil Procedure 4. The Motion for Default Judgment (Doc. 118 ) and Amended Motion for Default Judgment (Doc. 120 ) are denied. Signed by Judge William Q. Hayes on 2/9/2015. (All non-registered users served via U.S. Mail Service.) (mdc)
|
|
Filing
89
ORDER: The Motion for Leave to File Third Amended Complaint is granted. (Doc. 86 ). Plaintiffs shall file a third amended complaint within twenty (20) days of the date this order is filed. Signed by Judge William Q. Hayes on 9/26/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
|
|
Filing
82
ORDER: The Motion to Dismiss is granted. (Doc. 80 ). The Second Amended Complaint is dismissed without prejudice as to Defendants Bank of New York, Bank of America, N.A., Countrywide Home Loans, ReconTrust Company, N.A., Bank of America Home Loans, and Mortgage Electronic Registration Systems. Pursuant to the Court's 5/14/2014 Order and Federal Rule of Civil Procedure 4(m), the Second Amended Complaint is dismissed without prejudice as to Defendants ComUnity Lending, Inc. and New Century Mortgage. Signed by Judge William Q. Hayes on 7/21/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
|
|
Filing
78
ORDER: The Court will dismiss this action without prejudice as to Defendants ComUnity Lending, Inc. and New Century Mortgage on 6/2/2014, unless, before that date, Plaintiffs file a declaration under penalty of perjury showing good cause for failure to timely serve Defendants ComUnity Lending, Inc. and New Century Mortgage, accompanied by a motion for leave to serve process outside of the 120-day period. The Motion for Leave to File Second Amended Complaint is granted (Doc. 64 ), and the Motion to Strike Plaintiffs' "Response in Opposition to the Motion to Dismiss Leave to File Second Amended Complaint" is denied (Doc. 75 ). The Clerk of the Court shall file the document entitled "Plaintiffs' Second Amended Compla int" (Doc. # 64 at 4-49) as a new docket entry, and this document will be construed as the Second Amended Complaint and the operative pleading in this case. The moving Defendants shall respond to the Second Amended Complaint no later than fourteen (14) days from the date this Order is filed. Signed by Judge William Q. Hayes on 5/14/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
|
|
Filing
60
ORDER: The Motion to Dismiss is granted. (Doc. 45 ). The Complaint is dismissed without prejudice as to the moving Defendants (Bank of New York Mellon; Bank of America, N.A., sued as "The Bank of America Home Loans"; Countrywide Home Loans , Inc.; ReconTrust Company, N.A.; Mortgage Electronic Registration Systems, Inc.). No later than thirty (30) days from the date of this Order, Plaintiffs may file a motion for leave to file a second amended complaint, accompanied by a proposed second amended complaint. The Motion for Reconsideration of the 11/4/2013 Order setting aside the Clerk's entry of default and denying the motion for default judgment is denied. (Doc. 54 ). As to the three non-moving Defendants (i.e., ComUnity Lendin g, Inc., New Century Mortgage, and Ginnie Mae), the Clerk of the Court shall issue a summons as to the First Amended Complaint and provide Plaintiffs with the summons, certified copies of both this Order and the First Amended Complaint (Doc. 34 ), and a blank U.S. Marshal Form 285. Signed by Judge William Q. Hayes on 1/6/2014. (IFP package, including this Order, mailed to docket address: P.O. Box 740536, San Diego, CA 92174.)(mdc)(jrd)
|
|
Filing
30
ORDER: The Motion to Dismiss is GRANTED. (Doc. 10 ). The Complaint is dismissed without prejudice as to the Moving Defendants. No later than thirty (30) days from the date of this Order, Plaintiffs may file a motion for leave to file a first amended complaint, accompanied by a proposed first amended complaint. The Motion for Preliminary Injunctive Relief is DENIED. (Doc. 23 ). The Motion for Judge's Signature of Lis Pendens is DENIED. (Doc. 25 ). Signed by Judge William Q. Hayes on 6/5/2013. (All non-registered users served via U.S. Mail Service.)(mdc)(jrd)
|
|
Filing
7
ORDER: The Motion for Temporary Restraining Order is DENIED. (Doc. 6 ). Signed by Judge William Q. Hayes on 3/27/2013. (All non-registered users served via U.S. Mail Service.) (mdc)(jrd)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
