Beriones v. IMH Asset Corp. et al
| Babette Beriones |
| Mortgage Electronic Registration System, Anthony Peter Vasilas, Indenture Trustee, Bank of America, Raymond Joseph Vasilas, MERS, Impac Funding Corporation, IMH Asset Corp., MTC Financial Inc., Does 2 thru 100, Wilmington Trust Company as Trustee for Securitized Trust IMP AC CMB, Deutsche Bank National Trust Company, Jessie Menzel, James Lowell Anthony, LLC and MTC Financial Inc. doing business as Trustee Corp. |
| 3:2019cv00301 |
| February 12, 2019 |
| US District Court for the Southern District of California |
| Cathy Ann Bencivengo |
| Jill L Burkhardt |
| Nita L Stormes |
| Truth in Lending |
| 15 U.S.C. § 1601 |
| None |
Docket Report
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This docket was last retrieved on April 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 RESPONSE in Support re #6 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by MTC Financial Inc.. (Attachments: #1 Request for Judicial Notice, #2 Appendix, #3 Proof of Service)(Garcia-Salgado, Rafael) (anh). |
| Filing 30 CERTIFICATE OF SERVICE by Babette Beriones (anh) |
| Filing 29 CERTIFICATE OF SERVICE by Babette Beriones (anh) |
Filing 23
ORDER Granting Plaintiff's Motion for an Extension of Time to Respond to Motions to Dismiss [Doc. No. #22 ]. Signed by Judge Cathy Ann Bencivengo on 4/2/2019. (All non-registered users served via U.S. Mail Service)(anh)
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| Filing 28 Corrected REQUEST FOR JUDICIAL NOTICE by Babette Beriones (anh) |
| Filing 27 Corrected RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by Babette Beriones. (anh) |
| Filing 26 REQUEST FOR JUDICIAL NOTICE by Babette Beriones (anh) |
| Filing 25 Plaintiff's Opposition to Defendant's Notice of Demurrer and Demurrer To Plaintiff's First Amended Complaint (anh) |
| Filing 24 RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by Babette Beriones. (anh) |
| Filing 22 MOTION for Extension of Time to File Response/Reply by Babette Beriones. (anh) |
| Filing 21 CERTIFICATE OF SERVICE (State Court Proof of Service of Summons) by Babette Beriones. Nunc Pro Tunc 3/18/2019 (anh) |
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Filing 20
Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Accepting Document: State Court Proof of Service of Summons, from Plaintiff Babette Beriones. Non-compliance with local rule(s), OTHER: Incorrect Case Number; Unclear what document has been served.. Nunc Pro Tunc 3/18/2019. Signed by chambers of Judge Cathy Ann Bencivengo on 3/20/20219.(All non-registered users served via U.S. Mail Service)(anh)
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| Filing 19 CERTIFICATE OF SERVICE by James Lowell Anthony, LLC re #14 MOTION to Dismiss for Failure to State a Claim (Tira, Patrick) (anh). |
| Filing 18 Corporate Disclosure Statement by IMH Asset Corp., Impac Funding Corporation Identifying Impac Mortgage Holdings, Inc as corporate parent. (Schiffer, Eric) Modified on 3/11/2019 (anh).(jao). |
| Filing 17 NOTICE of Party With Financial Interest by IMH Asset Corp., Impac Funding Corporation re #16 MOTION to Dismiss for Failure to State a Claim (Schiffer, Eric) (anh). (jao). |
| Filing 16 MOTION to Dismiss for Failure to State a Claim by IMH Asset Corp., Impac Funding Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Schiffer, Eric)Attorney Eric Martin Schiffer added to party IMH Asset Corp.(pty:dft), Attorney Eric Martin Schiffer added to party Impac Funding Corporation(pty:dft) (anh). |
| Filing 15 NOTICE of Party With Financial Interest by James Lowell Anthony, LLC . Identifying Decision One Mortgage Company. LLC . (Attachments: #1 Proof of Service)(Tira, Patrick) (anh). (jao). |
| Filing 14 MOTION to Dismiss for Failure to State a Claim by James Lowell Anthony, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Tira, Patrick)Attorney Patrick Robert Tira added to party James Lowell Anthony, LLC(pty:dft) (anh). |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Jessie Menzel, Anthony Peter Vasilas. (Attachments: #1 Memo of Points and Authorities Memo of Points and Authorities, #2 Request for Judicial Notice Request for Judicial Notice, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Proof of Service Proof of Service)(Bradley, Kaila)Attorney Kaila M. Bradley added to party Jessie Menzel(pty:dft), Attorney Kaila M. Bradley added to party Anthony Peter Vasilas (pty:dft) (anh). |
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Filing 12
ORDER Regarding Plaintiff's Motion for an Extension of Time to Answer or Otherwise Respond [Doc. No. #10 ]. Signed by Judge Cathy Ann Bencivengo on 3/1/2019. (All non-registered users served via U.S. Mail Service)(anh)
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| Filing 11 Corporate Disclosure Statement by Bank of America, Deutsche Bank National Trust Company, IMH Asset Corp., Indenture Trustee, Mortgage Electronic Registration System, Wilmington Trust Company as Trustee for Securitized Trust IMP AC CMB identifying Corporate Parent Bank of America Corporation for Bank of America.. (Attachments: #1 Proof of Service)(Britt, Stephen) (anh).Modified to add additional info on 3/4/2019 (jao). |
| Filing 10 MOTION for Extension of Time Answer or Otherwise Respond by Babette Beriones. (anh) |
| Filing 9 Corporate Disclosure Statement by Bank of America, Deutsche Bank National Trust Company, IMH Asset Corp., Indenture Trustee, Mortgage Electronic Registration System, Wilmington Trust Company as Trustee for Securitized Trust IMP AC CMB identifying Corporate Parent Bank of America Corporation for Bank of America.. (Attachments: #1 Proof of Service)(Britt, Stephen) (anh). (jao). |
| Filing 8 MOTION to Dismiss Plaintiffs First Amended Complaint by Bank of America, Deutsche Bank National Trust Company, IMH Asset Corp., Indenture Trustee, Mortgage Electronic Registration System, Wilmington Trust Company as Trustee for Securitized Trust IMP AC CMB. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Proof of Service)(Britt, Stephen)Attorney Stephen D. Britt added to party Bank of America(pty:dft), Attorney Stephen D. Britt added to party Deutsche Bank National Trust Company(pty:dft), Attorney Stephen D. Britt added to party IMH Asset Corp.(pty:dft), Attorney Stephen D. Britt added to party Indenture Trustee(pty:dft), Attorney Stephen D. Britt added to party Mortgage Electronic Registration System(pty:dft), Attorney Stephen D. Britt added to party Wilmington Trust Company as Trustee for Securitized Trust IMP AC CMB(pty:dft) (anh). |
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Filing 7
ORDER OF RECUSAL. Magistrate Judge Nita L. Stormes is no longer assigned. Case reassigned to Magistrate Judge Jill L. Burkhardt for all further proceedings. The new case number is 19cv0301-CAB-JLB(All non-registered users served via U.S. Mail Service)(anh)
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| Filing 6 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint by MTC Financial Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Garcia-Salgado, Rafael) (anh). |
| Filing 5 CERTIFICATE OF SERVICE by MTC Financial Inc. of Notice to Adverse Parties of Removal to Federal Court (Attachments: #1 Proof of Service)(Garcia-Salgado, Rafael) (anh). |
| Filing 4 NOTICE of Appearance by Richard J Reynolds on behalf of MTC Financial Inc. (Attachments: #1 Proof of Service)(Reynolds, Richard)Attorney Richard J Reynolds added to party MTC Financial Inc.(pty:dft) (anh). |
| Filing 3 NOTICE of Party With Financial Interest by MTC Financial Inc. . Identifying Corporate Parent MTC Financial Inc. dba Trustee Corps for MTC Financial Inc.. (Attachments: #1 Proof of Service)(Garcia-Salgado, Rafael) (anh). (jao). |
| Filing 2 Corporate Disclosure Statement by MTC Financial Inc.. No Corporate Parents/Interested Parties. (Attachments: #1 Proof of Service)(Garcia-Salgado, Rafael) (anh). (jao). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of San Diego, case number 37-02018-00063881-CU-OR-NC. ( Filing fee $ 400 receipt number 0974-12190852.), filed by MTC Financial Inc.. (Attachments: #1 State Court Amended Complaint, #2 Civil Cover Sheet)The new case number is 3:19-cv-301-CAB-NLS. Judge Cathy Ann Bencivengo and Magistrate Judge Nita L. Stormes are assigned to the case.(jrm) (jao). |
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