Shelton et al v. Ocwen Loan Servicing, LLC et al
Plaintiff: Alan E. Shelton and Justine M. Shelton
Defendant: U.S. Bank Trust, N.A., Christiana Trust, Does 1-50 Inclusive, Ocwen Loan Servicing, LLC, Does 1-10 Inclusive, WSFS Financial Corporation, Quality Loan Service Corporation, Caliber Home Loans, Inc. and Wilmington Savings Fund Society, FSB
Case Number: 3:2018cv02467
Filed: October 26, 2018
Court: US District Court for the Southern District of California
Presiding Judge: Anthony J Battaglia
Referring Judge: William V Gallo
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1441 fd
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2018 Filing 30 RESPONSE in Opposition re #27 MOTION to Dismiss for Failure to State a Claim On The First Amended Complaint filed by Alan E. Shelton, Justine M. Shelton. (Molinaro, Paul) (acc).
December 17, 2018 Filing 29 RESPONSE in Opposition re #24 MOTION to Dismiss First Amended Complaint filed by Alan E. Shelton, Justine M. Shelton. (Molinaro, Paul) (acc).
December 10, 2018 Opinion or Order Filing 28 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #27 MOTION to Dismiss for Failure to State a Claim On The First Amended Complaint : Responses due by 12/24/2018; Replies due by 12/31/2018; sur-replies will not be accepted. Motion hearing scheduled for 2/14/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
December 10, 2018 Filing 27 MOTION to Dismiss for Failure to State a Claim On The First Amended Complaint by Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (Attachments: #1 Memo of Points and Authorities)(Feng, Simon) (acc).
December 10, 2018 Opinion or Order Filing 26 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #24 MOTION to Dismiss First Amended Complaint : Responses due by 12/24/2018; Replies due by 12/31/2018; sur-replies will not be accepted. Motion hearing is scheduled for 2/14/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
December 7, 2018 Filing 25 NOTICE of Party With Financial Interest by Christiana Trust, WSFS Financial Corporation, Wilmington Savings Fund Society, FSB . No Parties With Financial Interest. (Attachments: #1 Proof of Service)(Choi, Traci) (acc).
December 7, 2018 Filing 24 MOTION to Dismiss First Amended Complaint by Christiana Trust, WSFS Financial Corporation, Wilmington Savings Fund Society, FSB. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibits 1-9, #4 Proof of Service)(Choi, Traci) (acc).
December 6, 2018 Opinion or Order Filing 23 ORDER Granting #20 Joint Motion Granting Defendant's Non Monetary Status and Nonparticipation in this Action. Signed by Judge Anthony J. Battaglia on 12/6/2018. (acc)
December 6, 2018 Filing 22 REPLY to Response to Motion re #6 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rules of Civil Procedure Section 12(b)(6) filed by Ocwen Loan Servicing, LLC. (Tabah, Elvin) (acc).
December 4, 2018 Opinion or Order Filing 21 ORDER Granting #9 Joint Motion for Extension of Time Defendants to Respond to First Amended Complaint of Plaintiffs Alan and Justine Shelton. IT IS HEREBY ORDERED that Defendants' have up to and including 12/9/2018 to file a response to Plaintiffs' First Amended Complaint. Signed by Judge Anthony J. Battaglia on 12/4/2018. (acc)
December 3, 2018 Filing 20 Joint MOTION Stipulation and Request for Order on Defendant Quality Loan Service Corporation's Nonmonetary status by Quality Loan Service Corporation. (Attachments: #1 Proof of Service)(Corriveau, Julie)Attorney Julie Ellen Corriveau added to party Quality Loan Service Corporation(pty:dft) (acc).
December 3, 2018 Filing 19 NOTICE of Party With Financial Interest by Quality Loan Service Corporation . No Parties With Financial Interest. (Attachments: #1 Proof of Service)(Corriveau, Julie) (acc).
November 30, 2018 Filing 18 NOTICE of Party With Financial Interest by Quality Loan Service Corporation . No Parties With Financial Interest. (Attachments: #1 Stipulation and Request for Order, #2 Proposed Order, #3 Proof of Service Proof of Service)(Corriveau, Julie) QC re: re-filing the motion separately and emailing proposed order(acc).
November 27, 2018 Filing 17 RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rules of Civil Procedure Section 12(b)(6) with Certificate of Service filed by Alan E. Shelton, Justine M. Shelton. (Attachments: #1 Proof of Service Certificate of Service)(Molinaro, Paul) (acc).
November 20, 2018 Opinion or Order Filing 16 ORDER Granting #8 Joint Stipulation for Extension of Time for Defendants to Respond to Plaintiffs' First Amended Complaint. Defendants' shall have up to and including 12/14/2018 to file a response to Plaintiffs' First Amended Complaint. Signed by Judge Anthony J. Battaglia on 11/20/2018. (acc)
November 20, 2018 Filing 15 SUMMONS Returned Executed by Justine M. Shelton, Alan E. Shelton. Christiana Trust served. (Molinaro, Paul) (acc).
November 20, 2018 Filing 14 SUMMONS Returned Executed by Justine M. Shelton, Alan E. Shelton. Wilmington Savings Fund Society, FSB served. (Molinaro, Paul) (acc).
November 20, 2018 Filing 13 SUMMONS Returned Executed by Justine M. Shelton, Alan E. Shelton. WSFS Financial Corporation served. (Molinaro, Paul) (acc).
November 20, 2018 Filing 12 SUMMONS Returned Executed by Justine M. Shelton, Alan E. Shelton. Caliber Home Loans, Inc. served. (Molinaro, Paul) (acc).
November 20, 2018 Filing 11 SUMMONS Returned Executed by Justine M. Shelton, Alan E. Shelton. Quality Loan Service Corporation served. (Molinaro, Paul) (acc).
November 20, 2018 Filing 10 SUMMONS Returned Executed by Justine M. Shelton, Alan E. Shelton. Ocwen Loan Servicing, LLC served. (Molinaro, Paul) (acc).
November 20, 2018 Filing 9 Joint MOTION for Extension of Time to File Response/Reply to First Amended Complaint of Plaintiffs by Christiana Trust, WSFS Financial Corporation, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proof of Service)(Choi, Traci)Attorney Traci G. Choi added to party Christiana Trust(pty:dft), Attorney Traci G. Choi added to party WSFS Financial Corporation(pty:dft), Attorney Traci G. Choi added to party Wilmington Savings Fund Society, FSB(pty:dft) (acc).
November 19, 2018 Filing 8 Joint MOTION for Extension of Time to File Response To Plaintiffs' First Amended Complaint by Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (Feng, Simon)Attorney Simon M. Feng added to party Caliber Home Loans, Inc.(pty:dft), Attorney Simon M. Feng added to party U.S. Bank Trust, N.A.(pty:dft) (acc).
November 8, 2018 Opinion or Order Filing 7 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #6 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rules of Civil Procedure Section 12(b)(6) : Responses due by 11/29/2018; Replies due by 12/6/2018; sur-replies will not be accepted. Motion hearing scheduled for 2/14/19 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
November 2, 2018 Filing 6 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rules of Civil Procedure Section 12(b)(6) by Ocwen Loan Servicing, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration)(Tabah, Elvin) (acc).
October 31, 2018 Filing 5 Summons Issued re #1 Amended Superior Court Complaint. 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. (acc)
October 30, 2018 Filing 4 NOTICE OF REQUEST FOR CLERK TO ISSUE SUMMONS ON FIRST AMENDED COMPLAINT by Alan E. Shelton, Justine M. Shelton re #1 Notice of Removal (Molinaro, Paul) QC re: missing cert of service (acc).
October 26, 2018 Filing 3 NOTICE of Party With Financial Interest by Ocwen Loan Servicing, LLC re #1 Notice of Removal. No Parties With Financial Interest. (cdw)
October 26, 2018 Filing 2 ANSWER to Complaint (Notice of Removal) by Ocwen Loan Servicing, LLC. (cdw)
October 26, 2018 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of CA, County of SD, case number 37-2018-00001012-CU-BC-NC. ( Filing fee $ 400 receipt number 0974-11837958), filed by Ocwen Loan Servicing, LLC. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 State Court Summons, #4 State Court 1st Amended Complaint, #5 State Court Answer to Complaint, #6 State Court Joint Stipulation)The new case number is 3:18-cv-02467-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case.(cdw) (sjt).

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Defendant: U.S. Bank Trust, N.A.
Represented By: Simon M. Feng
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Defendant: Christiana Trust
Represented By: Traci G. Choi
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Defendant: Does 1-50 Inclusive
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Defendant: Ocwen Loan Servicing, LLC
Represented By: Elvin Itah Tabah
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Defendant: Does 1-10 Inclusive
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Defendant: WSFS Financial Corporation
Represented By: Traci G. Choi
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Defendant: Quality Loan Service Corporation
Represented By: Julie Ellen Corriveau
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Defendant: Caliber Home Loans, Inc.
Represented By: Simon M. Feng
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Defendant: Wilmington Savings Fund Society, FSB
Represented By: Traci G. Choi
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Plaintiff: Alan E. Shelton
Represented By: Paul J. Molinaro
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Plaintiff: Justine M. Shelton
Represented By: Paul J. Molinaro
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