Toner v. National City Mortgage Co. et al
Plaintiff: Debra Toner
Defendant: National City Mortgage Co., Select Portfolio Servicing, Richmond Monroe Group, The Bank of New York Mellon, National Default Servicing Corporation, 3139 Mount Whitney Rd. Trust Dated, Rachael Callahan, All Persons Known, Unknown and Does 1-25
Case Number: 3:2022cv00217
Filed: February 16, 2022
Court: US District Court for the Southern District of California
Presiding Judge: Allison H Goddard
Referring Judge: Jinsook Ohta
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2022 Filing 21 REPLY to Response to Motion re #14 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss For Insufficient Service and Failure to Add Necessary Parties filed by 3139 Mount Whitney Rd. Trust Dated 06/14/2021, Rachael Callahan. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 5, #3 Declaration of Michael G. Olinik, #4 Exhibit, #5 Proof of Service 6)(Olinik, Michael) (axc).
March 30, 2022 Filing 20 RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss For Insufficient Service and Failure to Add Necessary Parties filed by Debra Toner. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1, #3 Declaration)(ddf)
March 21, 2022 Filing 19 Plaintiff's SUPPLEMENTAL Brief in Support to Plaintiff's Motion for Preliminary Injunction by Debra Toner. (axc)
March 18, 2022 Filing 18 Plaintiff Debra Toner's REPLY to Defendant Rachael Callahan's Response to Plaintiff's Motion for Preliminary Injunction re #9 filed by Debra Toner. (Attachments: #1 Exhibit 1)(axc)
March 18, 2022 Filing 17 NOTICE of Joinder by Richmond Monroe Group re #16 MOTION to Dismiss (Robinson, Cathy) (axc).
March 14, 2022 Filing 16 MOTION to Dismiss by National Default Servicing Corporation, Select Portfolio Servicing, The Bank of New York Mellon. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibits 1-9 to RJN)(Robinson, Cathy)Attorney Cathy K Robinson added to party National Default Servicing Corporation(pty:dft), Attorney Cathy K Robinson added to party Select Portfolio Servicing(pty:dft), Attorney Cathy K Robinson added to party The Bank of New York Mellon(pty:dft) (axc).
March 14, 2022 Filing 15 RESPONSE in Opposition re #9 MOTION for Temporary Restraining Order filed by National Default Servicing Corporation, Select Portfolio Servicing, The Bank of New York Mellon. (Robinson, Cathy) (axc).
March 2, 2022 Filing 14 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss For Insufficient Service and Failure to Add Necessary Parties by 3139 Mount Whitney Rd. Trust Dated 06/14/2021, Rachael Callahan. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Don Rady, #3 Request for Judicial Notice, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Proof of Service)(Olinik, Michael)Attorney Michael G. Olinik added to party 3139 Mount Whitney Rd. Trust Dated 06/14/2021 (pty:dft), Attorney Michael G. Olinik added to party Rachael Callahan(pty:dft) (axc).
March 2, 2022 Filing 13 RESPONSE in Opposition re #9 MOTION for Temporary Restraining Order filed by Rachael Callahan. (Attachments: #1 Declaration of Rachael Callahan, #2 Request for Judicial Notice, #3 Exhibit 1, #4 Exhibit 2, #5 Proof of Service)(Olinik, Michael) (axc).
March 1, 2022 Filing 12 SUMMONS Returned Executed by Debra Toner. Richmond Monroe Group served. (axc)
February 28, 2022 Filing 11 NOTICE OF RELATED CASE(S) by Rachael Callahan of case(s) 21-cv-1845-MMA-AGS, 22-cv-189-MMA-AGS . (Attachments: #1 Proof of Service)(Olinik, Michael) (axc).
February 28, 2022 Opinion or Order Filing 10 ORDER denying #9 Plaintiff's Ex Parte Motion for Temporary Restraining Order and Construing Application as a Motion for Preliminary Injunction and Setting Briefing Schedule. Signed by Judge Jinsook Ohta on 2/25/2022. (All non-registered users served via U.S. Mail Service)(axc)
February 25, 2022 Filing 9 Ex Parte MOTION for Temporary Restraining Order by Debra Toner. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Debra Toner, #3 Exhibits)(axc)
February 25, 2022 Filing 8 SUMMONS Returned Executed by Debra Toner. National Default Servicing Corporation served. (axc)
February 25, 2022 Filing 7 SUMMONS Returned Executed by Debra Toner. National City Mortgage Co. served. (axc)
February 25, 2022 Filing 6 SUMMONS Returned Executed by Debra Toner. Select Portfolio Servicing served. (axc)
February 25, 2022 Filing 5 SUMMONS Returned Executed by Debra Toner. 3139 Mount Whitney Rd. Trust Dated 06/14/2021 served. (axc)
February 25, 2022 Filing 4 SUMMONS Returned Executed by Debra Toner. The Bank of New York Mellon served. (axc)
February 25, 2022 Filing 3 SUMMONS Returned Executed by Debra Toner. Rachael Callahan served. (axc)
February 16, 2022 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. Summons has been provided to plaintiffs not receiving notice electronically. (cxt)
February 16, 2022 Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 402 receipt number CAS136057.), filed by Debra Toner. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Receipt)The new case number is 3:22-cv-217-JO-AHG. Judge Ohta, Jinsook and Magistrate Judge Allison H. Goddard are assigned to the case. (Debra Toner)(cxt)

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Plaintiff: Debra Toner
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Defendant: National City Mortgage Co.
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Defendant: Select Portfolio Servicing
Represented By: Cathy K Robinson
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Defendant: Richmond Monroe Group
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Defendant: The Bank of New York Mellon
Represented By: Cathy K Robinson
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Defendant: National Default Servicing Corporation
Represented By: Cathy K Robinson
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Defendant: 3139 Mount Whitney Rd. Trust Dated
Represented By: Michael G. Olinik
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Defendant: Rachael Callahan
Represented By: Michael G. Olinik
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Defendant: All Persons Known, Unknown
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Defendant: Does 1-25
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