Quality Loan Service Corp. v. All Claimants to Surplus Funds After Trustee's Sale of Real Property Located at: 246 Via Tavira, Encinitas, CA 92024
Petitioner: Quality Loan Service Corp.
Respondent: All Claimants to Surplus Funds After Trustee's Sale of Real Property Located at: 246 Via Tavira, Encinitas, CA 92024 and United States of America
Claimant: Terraces at Cantebria Homeowners Association
Case Number: 3:2020cv00945
Filed: May 21, 2020
Court: US District Court for the Southern District of California
Presiding Judge: Cynthia Bashant
Referring Judge: Mitchell D Dembin
Nature of Suit: Taxes
Cause of Action: 28 U.S.C. ยง 1444
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2021 Opinion or Order Filing 24 ORDER granting #22 Joint Motion for distribution of surplus funds. The Court dismisses this action with prejudice. Signed by Judge Cynthia Bashant on 4/19/2021. (cc: Financial). (jpp) (dlg)
March 25, 2021 Opinion or Order Filing 23 Order Vacating Status Conference: On March 25, 2021, the parties filed their joint motion for disbursement of funds. #22 Accordingly, the status conference set for March 26, 2021 is VACATED. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/25/2021.(no document attached) (jb1)
March 25, 2021 Filing 22 Joint MOTION for Disbursement of Funds by United States of America. (Weidler, Mahana) (jmo).
March 5, 2021 Filing 21 NOTICE of Teleconference Information Sheet. Teleconference set for 03/26/2021 at 9:15AM. (jb1)
March 5, 2021 Opinion or Order Filing 20 Order Setting Telephonic Status Conference: On January 12, 2021, the Court ordered the parties to promptly file a joint motion for disbursement of funds. 19 . To date, a joint motion for disbursement of funds has not been filed. Accordingly, a telephonic Status Conference will be held before Magistrate Judge Mitchell D. Dembin on March 26, 2021 at 9:15 a.m.. Counsel are required to participate. Parties or party representatives are not required to participate. Petitioner Quality Loan Service Corp. is not required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If the joint motion for disbursement of funds is filed before the Status Conference, the Status Conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the "report" option. On the next screen, the "docket sheet" option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/05/2021.(no document attached) (jb1)
January 12, 2021 Filing 19 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference held on 1/12/2021. The parties are to promptly file a joint motion for disbursement of funds.(Respondent Attorney Mahana Karimi Weidler). (Claimant Attorney Colin Mani, specially appearing on behalf of Jeffrey Albert French). (no document attached) (jb1)
January 5, 2021 Filing 18 MOTION Stipulation Regarding Priority of Claims to Surplus Funds re 16 Order,,,,,,, Set Hearings,,,,,, #2 Claim, #9 Notice (Other) by United States of America. (Weidler, Mahana) (jmo). Modified on 1/14/2021 to term motion per chambers (jmo).
December 8, 2020 Filing 17 NOTICE of Teleconference Information Sheet, re 16 . Teleconference set for 1/12/21 at 9:15 AM. (jmo)
December 8, 2020 Opinion or Order Filing 16 Order Setting Telephonic Status Conference: On September 16, 2020, the Court ordered any claimants to file claims within 45-days of being served with the Court's September 16, 2020 Order. #8 . The deadline to file claims has now passed. Accordingly, a telephonic Status Conference will be held on January 12, 2021 at 9:15 a.m. with the Honorable Mitchell Dembin, United States Magistrate Judge. Counsel are required to participate. Parties or party representatives are not required to participate. Petitioner Quality Loan Service Corp. is not required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the "report" option. On the next screen, the "docket sheet" option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). The parties must submit a joint statement as to how this case should proceed on or before January 5, 2021. The joint statement shall be submitted to chambers in person or via email (efile_dembin@casd.uscourts.gov). SO ORDERED by Magistrate Judge Mitchell D. Dembin on 12/08/2020.(no document attached) (jb1)
December 7, 2020 Filing 15 Mail Returned as Undeliverable re #14 Order on Motion for Miscellaneous Relief. Mail sent to San Diego Superior Court. (bta)
November 19, 2020 Opinion or Order Filing 14 ORDER Granting #13 Joint Motion to Transfer and Deposit Funds into Federal Registry. Signed by Judge Mitchell D. Dembin on 11/19/2020.[Certified order sent to San Diego Superior Court] (mme) Modified on 11/19/2020 to correct judge (mme). Modified on 3/26/2021 to reflect certified copy re-mailed to San Diego Superior Court per request of chambers (jmo).
November 19, 2020 Filing 13 Joint MOTION re 7 Status Conference, to transfer and deposit funds into federal registry by United States of America. (Weidler, Mahana)Attorney Mahana Karimi Weidler added to party United States of America(pty:res) (mme).
November 6, 2020 Filing 12 AFFIDAVIT of Service for Order Requiring Response to Petition served on Terraces at Cantebria Homeowners Association on 9/28/2020, filed by United States of America. (Weidler, Mahana) (jmo).
November 6, 2020 Filing 11 AFFIDAVIT of Service for Order Requiring Response to Petition served on Deborah Anderson on 10/18/2020, filed by United States of America. (Weidler, Mahana) (jmo).
November 6, 2020 Filing 10 AFFIDAVIT of Service for Order Requiring Response to Petition served on Roger Anderson on 10/18/2020, filed by United States of America. (Weidler, Mahana) (jmo).
October 30, 2020 Filing 9 NOTICE of Claim to Surplus Funds by Terraces at Cantebria Homeowners Association (French, Jeffrey)Attorney Jeffrey Albert French added to party Terraces at Cantebria Homeowners Association(pty:clm) (jmo).
September 16, 2020 Opinion or Order Filing 8 ORDER Requiring Response to Petition. Any potential claimants must file a claim in this action within forty-five (45) days of being served with order. Respondent United States of America must serve this Order on all known potential claimants as identified in the original Petition filed in Superior Court, or who otherwise may be known by the United States of America, and file certificates of service for each potential claimant. Signed by Magistrate Judge Mitchell D. Dembin on 9/16/20.(jmo)
September 16, 2020 Filing 7 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference held on 9/16/2020. Order to follow.(Plaintiff Attorney Matthew Podmenik). (Defendant Attorney Mahana Karimi Weidler, United States of America; and Colin Mani, Terraces at Cantebria Homeowners Association). (no document attached) (jb1)
September 10, 2020 Opinion or Order Filing 6 Order Setting Status Conference: A Telephonic Status Conference will be held on September 16, 2020 at 9:45 a.m.. Counsel for Petitioner and Respondent are ORDERED to appear. The parties should be prepared to discuss the status of the case and whether the filing of dismissal papers is appropriate. The parties are instructed to use the dial in information located at ECF No. #4 . SO ORDERED by Magistrate Judge Mitchell D. Dembin on 09/10/2020.(no document attached) (jb1)
September 9, 2020 Opinion or Order Filing 5 Order Vacating Case Management Conference: The Court VACATES the Case Management Conference currently set for September 14, 2020 due to the "Notice of Entry of Order to Deposit Surplus Funds Pursuant to Cal. Civ. Code Section 2924k(c)&(d)" entered in the related state court case, Case Number 37-2020-00006524. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 09/09/2020.(no document attached) (jb1)
September 3, 2020 Filing 4 NOTICE of Teleconference Information Sheet. Teleconference set for 09/14/2020 at 9:30AM. (jb1)
September 3, 2020 Opinion or Order Filing 3 Order Setting Case Management Conference: A telephonic Case Management Conference will be held on September 14, 2020 at 9:30 a.m. with the Honorable Mitchell Dembin, United States Magistrate Judge. Counsel are required to participate. Parties or party representatives are not required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the "report" option. On the next screen, the "docket sheet" option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). The parties must submit a joint statement as to how this case should proceed on or before September 8, 2020. The joint statement shall be submitted to chambers in person or via email (efile_dembin@casd.uscourts.gov). SO ORDERED by Magistrate Judge Mitchell D. Dembin on 09/03/2020.(no document attached) (jb1)
June 11, 2020 Filing 2 CLAIM Claim for Funds by United States of America. (Weidler, Mahana) (jmo).
May 21, 2020 Filing 1 NOTICE OF REMOVAL from San Diego Superior Court, case number 37-2020-00006524-CU-PT-CTL., No Fee Required, filed by All Claimants to Surplus Funds After Trustee's Sale of Real Property Located at: 246 Via Tavira, Encinitas, CA 92024. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)The new case number is 3:20-cv-945-BAS-MDD. Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin are assigned to the case.(smd) (sjt).

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Petitioner: Quality Loan Service Corp.
Represented By: Matthew Podmenik
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Respondent: All Claimants to Surplus Funds After Trustee's Sale of Real Property Located at: 246 Via Tavira, Encinitas, CA 92024
Represented By: Mahana Karimi Weidler
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Respondent: United States of America
Represented By: Mahana Karimi Weidler
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Claimant: Terraces at Cantebria Homeowners Association
Represented By: Jeffrey Albert French
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