Oya et al v. Wells Fargo Bank N.A. et al
Plaintiff: Souichi Oya and Aki T. Oya
Defendant: Magnum Property Investments, LLC, Does 1 through 10, Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. and Strategic Acquisitions, Inc.
Case Number: 3:2018cv01999
Filed: August 27, 2018
Court: US District Court for the Southern District of California
Presiding Judge: Marilyn L Huff
Referring Judge: Bernard G Skomal
Nature of Suit: P.I.: Other
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2019 Opinion or Order Filing 49 ORDER granting #48 Joint Motion for Extension of Time to File Response/Reply re #45 MOTION to Dismiss Plaintiff's Third Amended Complaint, #46 MOTION to Strike Portions of Third Amended Complaint re #43 Amended Complaint. Plaintiffs' oppositions due by 6/21/2019. Defendants may file reply by 6/28/2019. Signed by Judge Marilyn L. Huff on 6/10/2019. (jah)
June 10, 2019 Filing 48 Joint MOTION for Extension of Time to File Response/Reply re #45 Motion to Dismiss, #46 Motion to Strike by Aki T. Oya, Souichi Oya. (Spicker, Karen). Modified on 6/11/2019 - Wrong event. QC Email sent. Corrected event and text (jah).
June 10, 2019 Opinion or Order Filing 47 Minute ORDER: The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion to dismiss (Doc. No. #45 ) and the motion to strike (Doc. No. #46 ) filed on May 21, 2019 are fit for resolution without oral argument, submits the motion on the parties' papers, and vacates the hearing on the motion set for June 24, 2019. The briefing schedule remains the same. SO ORDERED by Judge Marilyn L. Huff on 6/10/2019. (no document attached) (smy)
May 21, 2019 Filing 46 MOTION to Strike Portions Third Amended Complaint re #43 Amended Complaint, by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Attachments: #1 Memo of Points and Authorities)(Wozniak, Lukasz). Modified on 5/22/2019 - Double wording in text. QC Email sent. Removed duplicate text (jah).
May 21, 2019 Filing 45 MOTION to Dismiss Plaintiff's Third Amended Complaint by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Wozniak, Lukasz). Modified on 5/22/2019 - Double wording in text. QC Email sent. Removed duplicate text (jah).
May 10, 2019 Filing 44 NOTICE of Appearance by Lukasz I. Wozniak on behalf of Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. (Wozniak, Lukasz). Attorney Lukasz I. Wozniak added to party Select Portfolio Servicing, Inc.(pty:dft), Attorney Lukasz I. Wozniak added to party Wells Fargo Bank N.A. (pty:dft). Modified on 5/13/2019 - Edited text (jah).
May 6, 2019 Filing 43 THIRD AMENDED COMPLAINT with Jury Demand against Does 1 through 10, Magnum Property Investments, LLC, Select Portfolio Servicing, Inc., Strategic Acquisitions, Inc., Wells Fargo Bank N.A., filed by Aki T. Oya, Souichi Oya. (Spicker, Karen). Modified on 5/7/2019 - Removed duplicate text (jah).
April 19, 2019 Opinion or Order Filing 42 ORDER granting Plaintiffs' #41 Motion for Leave to File Amended Complaint; denying as moot Defendants' #32 Motion to Dismiss Second Amended Complaint. Court orders Plaintiffs to file Third Amended Complaint by 5/6/2019. Court vacates the 5/6/2019 hearing set for the motion. Signed by Judge Marilyn L. Huff on 4/19/2019. (jah)
April 17, 2019 Filing 41 SUPPLEMENTAL BRIEFING Regarding the Effect of Supreme Court Decision in Obduskey v. McCarthy & Holthus, LLP; MOTION for Leave to File Third Amended Complaint by Plaintiffs Aki T. Oya, Souichi Oya. (Attachments: #1 Declaration Karen S. Spicker)(Spicker, Karen). Modified on 4/18/2019 - Pdf included Motion to File 3rd Amend Complaint, motion not filed. Changed to Motion and removed duplicative attachment description (jah).
April 5, 2019 Filing 40 SUPPLEMENTAL BRIEFING: Effect of Supreme Court's Decision in Obduskey v. McCarthy & Holthus LLP by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. re 39 Order Setting Hearing on Motion. (Wozniak, Lukasz). Modified on 4/8/2019 - Wrong event. QC Email sent. Edited text (jah).
March 25, 2019 Opinion or Order Filing 39 Minute ORDER: In light of the recent U.S. Supreme Court decision in Obduskey v. McCarthy & Holthus LLP, 586 U.S. ___, No. 17-1307 (Mar. 20, 2019), the Court vacates the hearing set for April 8, 2019 at 10:30 a.m. and schedules a hearing on Defendants' motion to dismiss for May 6, 2019 at 10:30 a.m. The parties may submit supplemental briefing addressing the effect, if any, of Obduskey on this case, according to the following briefing schedule: Defendants may file a supplemental brief on or before April 8, 2019. Plaintiffs may file a supplemental opposition on or before April 22, 2019. Defendants may file a supplemental reply on or before April 29, 2019. SO ORDERED by Judge Marilyn L. Huff on 3/25/2019.(no document attached) (smy)
March 15, 2019 Opinion or Order Filing 38 Minute ORDER: On the Court's own motion and due to a conflict with the Court's calendar, the date of 3/18/2019 at 11:45 AM is vacated and the Motion Hearing is reset for 4/8/2019 at 10:30 AM in Courtroom 15A before Judge Marilyn L. Huff. Counsel shall notify Chambers to reschedule the hearing should the new hearing date conflict with counsel's schedule. SO ORDERED by Judge Marilyn L. Huff on March 15, 2018. (no document attached) (smy)
March 14, 2019 Opinion or Order Filing 37 Minute ORDER: Defendants' motion to dismiss is pending before the Court. (Doc. No. #32 .) The Court schedules a hearing on the motion for Monday, March 18, 2019 at 11:45 AM in Courtroom 15A before Judge Marilyn L. Huff. SO ORDERED by Judge Marilyn L. Huff on 3/14/2019. (no document attached) (smy)
March 4, 2019 Opinion or Order Filing 36 Minute ORDER: The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion to dismiss (Doc. No. #32 ) filed on February 4, 2019 is fit for resolution without oral argument, submits the motion on the parties' papers, and vacates the hearing on the motion set for March 8, 2019. SO ORDERED by Judge Marilyn L. Huff on 3/4/2019. (no document attached) (smy)
February 27, 2019 Filing 35 REPLY to Response to Motion re #32 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Daller, John). Modified on 2/28/2019 - Wrong event. QC Email sent. Corrected entry (jah).
February 18, 2019 Filing 34 RESPONSE to Motion re #32 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Aki T. Oya, Souichi Oya. (Spicker, Karen) (jdt).
February 4, 2019 Filing 33 REQUEST FOR JUDICIAL NOTICE by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. re #32 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Attachments: #1 Exhibits A-K)(Daller, John). (jah).
February 4, 2019 Filing 32 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Attachments: #1 Memo of Points and Authorities)(Daller, John). Modified on 2/5/2019 - Incorrectly filed as multi part motion. Removed extra motion event and corrected text (jah).
January 20, 2019 Filing 31 SECOND AMENDED COMPLAINT with Jury Demand against Does 1 through 10, Magnum Property Investments, LLC, Select Portfolio Servicing, Inc., Strategic Acquisitions, Inc., Wells Fargo Bank N.A., filed by Aki T. Oya, Souichi Oya. (Spicker, Karen). Modified on 1/22/2019 - Edited to add "Second" to text. Removed atty extra added text (jah).
January 9, 2019 Opinion or Order Filing 30 ORDER granting Defendants Select Portfolio Servicing, Inc. and Wells Fargo Bank N.A.'s #26 Motion to Dismiss for Failure to State a Claim. Court permits Plaintiffs to file an amended complaint addressing the deficiencies identified in this Order. Court orders Plaintiffs to file an amended complaint by 2/8/2019. Signed by Judge Marilyn L. Huff on 1/9/2019. (jah) (sjt).
January 9, 2019 Opinion or Order Filing 29 Minute ORDER: The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion to dismiss (Doc. No. #26 ) filed on December 13, 2018 is fit for resolution without oral argument, submits the motion on the parties' papers, and vacates the hearing on the motion set for January 14, 2019. SO ORDERED by Judge Marilyn L. Huff on 1/9/2019. (no document attached) (smy)
January 7, 2019 Filing 28 REPLY to Response to Motion re #26 MOTION to Dismiss for Failure to State a Claim Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint Defendants Reply in Support of Motion to Dismiss Plaintiffs' First Amended Complaint filed by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Daller, John) (ag).
December 31, 2018 Filing 27 RESPONSE in Opposition re #26 MOTION to Dismiss for Failure to State a Claim Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint filed by Aki T. Oya, Souichi Oya. (Spicker, Karen) (sjm).
December 13, 2018 Filing 26 MOTION to Dismiss for Failure to State a Claim Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Daller, John) (aef).
December 10, 2018 Opinion or Order Filing 25 ORDER granting #24 Joint Motion to Dismiss Magnum Property Investments, LLC and Strategic Acquisitions, Inc.. Court dismisses all claims by Plaintiffs against Defendants Magnum Property, LLC and Strategic Acquisitions, Inc.. Each party to bear its own attorneys' fees and costs. Signed by Judge Marilyn L. Huff on 12/10/2018. (jah)
December 4, 2018 Filing 24 Joint MOTION to Dismiss Magnum Property, LLC and Strategic Acquisitions, Inc. Only by Aki T. Oya, Souichi Oya. (Spicker, Karen). (jah).
December 3, 2018 Filing 23 FIRST AMENDED COMPLAINT with Jury Demand against Does 1 through 10, Magnum Property Investments, LLC, Select Portfolio Servicing, Inc., Strategic Acquisitions, Inc., Wells Fargo Bank N.A., filed by Aki T. Oya, Souichi Oya. (Spicker, Karen). Modified on 12/4/2018 - Edited to add "First" to text (jah).
November 7, 2018 Opinion or Order Filing 22 ORDER Denying as Moot Plaintiff's Motion for Leave to Amend Complaint. Plaintiffs may file an amended complaint on or before 12/3/2018 as set out in the Court's previous order. The Court vacates the 11/19/2018 hearing. Signed by Judge Marilyn L. Huff on 11/7/2018.(jdt)
November 2, 2018 Opinion or Order Filing 21 ORDER granting #10 Motion to Dismiss; granting #12 Motion to Dismiss for Failure to State a Claim. Court grants Defendants' motion to dismiss. Court will permit Plaintiffs to file an amended complaint that addresses the deficiencies identified in this Order. Court orders Plaintiffs to file an amended complaint by 12/3/2018. Signed by Judge Marilyn L. Huff on 11/2/2018. (jah) (sjt).
November 2, 2018 Filing 20 REQUEST FOR JUDICIAL NOTICE by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. re #19 Response in Opposition to Motion, (Daller, John) (acc).
November 2, 2018 Filing 19 RESPONSE in Opposition re #16 MOTION to Amend/Correct Complaint and File First Amended Complaint Defendants Wells Fargo Trust's and SPS'S Opposition to Plaintiffs' Motion For Leave to Amend Complaint filed by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. (Daller, John) (acc).
October 24, 2018 Filing 18 RESPONSE in Opposition re #16 MOTION to Amend/Correct Complaint and File First Amended Complaint filed by Magnum Property Investments, LLC. (Attachments: #1 Request for Judicial Notice)(Burns, Elkanah). (jah).
October 17, 2018 Filing 17 CERTIFICATE OF SERVICE by Aki T. Oya, Souichi Oya re #16 MOTION to Amend/Correct Complaint and File First Amended Complaint (Spicker, Karen). Modified on 10/18/2018 - Edited text (jah).
October 16, 2018 Filing 16 MOTION to Amend/Correct #1 Complaint and File First Amended Complaint by Aki T. Oya, Souichi Oya. (Attachments: #1 Declaration of Karen S. Spicker, #2 Request for Judicial Notice)(Spicker, Karen). Modified on 10/17/2018 - No Proof of Service. QC Email sent to file Proof of Service. Edited entry (jah).
October 10, 2018 Opinion or Order Filing 15 Minute ORDER: The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion to dismiss (Doc. No. #12 ) filed on September 19, 2018 is fit for resolution without oral argument, submits the motion on the parties' papers, and vacates the hearing on the motion set for October 29, 2018. The briefing schedule remains the same. SO ORDERED by Judge Marilyn L. Huff on 10/10/2018. (no document attached) (smy)
October 9, 2018 Opinion or Order Filing 14 Minute ORDER: The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion to dismiss (Doc. No. #10 ) filed on September 6, 2018 is fit for resolution without oral argument, submits the motion on the parties' papers, and vacates the hearing on the motion set for October 22, 2018. The briefing schedule remains the same. SO ORDERED by Judge Marilyn L. Huff on 10/9/2018. (no document attached) (smy)
September 20, 2018 Filing 13 CORRECTED CERTIFICATE OF SERVICE by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A. re #12 MOTION to Dismiss for Failure to State a Claim (Daller, John). Modified on 9/21/2018 - Removed duplicate text (jah).
September 19, 2018 Filing 12 MOTION to Dismiss for Failure to State a Claim by Select Portfolio Servicing, Inc., Wells Fargo Bank N.A.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Daller, John). Attorney John James Daller added to party Select Portfolio Servicing, Inc.(pty:dft), Attorney John James Daller added to party Wells Fargo Bank N.A.(pty:dft). Modified on 9/20/2018 - Proof of Service has s/ staff. Double wording in text. QC Email sent to file Corrected Proof of Service (jah).
September 13, 2018 Opinion or Order Filing 11 ORDER Striking Hearing Date re #10 MOTION to Dismiss. The hearing date on the Motion to Dismiss was not scheduled with Court. Court strikes the 12/6/2018 hearing date and schedules the hearing on the motion to dismiss for 10/22/2018 10:30 AM before Judge Marilyn L. Huff. In the future, the parties should call the Court in order to schedule hearing dates for matters on which a ruling is required, Local Rule 7.1.b.. Signed by Judge Marilyn L. Huff on 9/13/2018. (jah)
September 6, 2018 Filing 10 MOTION to Dismiss by Magnum Property Investments, LLC. (Attachments: #1 Memo of Points and Authorities Memo Points and Authorites, #2 Request for Judicial Notice Request for Judicial Notice)(Burns, Elkanah)(acc).
September 6, 2018 Filing 9 NOTICE of Appearance by Elkanah Johnson Burns on behalf of Magnum Property Investments, LLC (Burns, Elkanah) (acc).
September 6, 2018 Filing 8 NOTICE of Withdrawal by Magnum Property Investments, LLC (Burns, Elkanah) (acc).
September 5, 2018 Filing 7 ***WITHDRAWN PER NOTICE #8 ***MOTION to Dismiss by Magnum Property Investments, LLC. (Attachments: #1 Memo of Points and Authorities Memo Points and Authorites, #2 Request for Judicial Notice Request for Judicial Notice)(Burns, Elkanah)Attorney Elkanah Johnson Burns added to party Magnum Property Investments, LLC(pty:dft) Modified on 9/6/2018-QC mailer sent re wrong s/; Atty not associated with case; withdraw and refile (aef). Modified on 9/7/2018 (acc).
August 30, 2018 Filing 6 WAIVER OF SERVICE Returned Executed by Aki T. Oya, Souichi Oya, as to Strategic Acquisitions, Inc.. (Spicker, Karen). (jah).
August 30, 2018 Filing 5 WAIVER OF SERVICE Returned Executed by Aki T. Oya, Souichi Oya, as to Magnum Property Investments, LLC. (Spicker, Karen). (jah).
August 30, 2018 Filing 4 SUMMONS Returned Executed by Aki T. Oya, Souichi Oya. Wells Fargo Bank N.A. served. (Spicker, Karen). (jah).
August 30, 2018 Filing 3 SUMMONS Returned Executed by Aki T. Oya, Souichi Oya. Select Portfolio Servicing, Inc. served. (Spicker, Karen). (jah).
August 28, 2018 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rmc)
August 27, 2018 Filing 1 COMPLAINT with Jury Demand against Wells Fargo Bank N.A., Magnum Property Investments, LLC, Select Portfolio Servicing, Inc., Strategic Acquisitions, Inc., Does 1 through 10 (Filing fee $400 receipt number 0974-11607113), filed by Aki T. Oya, Souichi Oya. (Attachments: #1 Civil Case Coversheet, #2 Exhibit "A" through "L")The new case number is 3:18-cv-1999-H-BGS. Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal are assigned to the case. (Spicker, Karen)(rmc) (sjt).

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Search for this case: Oya et al v. Wells Fargo Bank N.A. et al
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Plaintiff: Souichi Oya
Represented By: Karen S. Spicker
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Plaintiff: Aki T. Oya
Represented By: Karen S. Spicker
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Defendant: Magnum Property Investments, LLC
Represented By: Elkanah Johnson Burns
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Defendant: Does 1 through 10
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Defendant: Select Portfolio Servicing, Inc.
Represented By: John James Daller
Represented By: Lukasz I. Wozniak
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Defendant: Wells Fargo Bank N.A.
Represented By: John James Daller
Represented By: Lukasz I. Wozniak
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Defendant: Strategic Acquisitions, Inc.
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