Gold v. National Default Servicing Corporation et al
| Michelle Gold |
| National Default Servicing Corporation, U.S. Bank NA, Select Portfolio Servicing and Does 1-25 |
| 3:2022cv01232 |
| August 22, 2022 |
| US District Court for the Southern District of California |
| San Diego Office |
| Janis L Sammartino |
| Andrew G Schopler |
| Real Property: Foreclosure |
| 12 U.S.C. § 2605 RESPA: Servicing of Mortgage Loans |
| None |
Docket Report
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Filing 16
ORDER (1) Granting Defendants' Request for Judicial Notice; (2) Granting Defendants' Motion to Dismiss; and (3) Denying Plaintiff's Ex Parte Application for Temporary Restraining Order (ECF Nos. #2 , #2 -2, #4 & #11 -2). The Court GRANTS the Defendants' Requests for Judicial Notice (ECF Nos. #2 -2 & #11 -2) in their entirety, GRANTS Defendants' Motion to Dismiss (ECF No. #2 ) in its entirety, DISMISSES WITHOUT PREJUDICE Plaintiff's claims, and DENIES Plaintiff's TRO Application (ECF No. #4 ). Plaintiff MAY FILE an amended complaint within thirty (30) days of the date on which this Order is electronically docketed. Should Plaintiff elect to file an amended complaint, it must cure the deficiencies noted herein and must be complete in itself without reference to Plaintiffs prior Complaint. See S.D. Cal. CivLR 15.1. Any claims not realleged in the amended complaint will be considered waived. Signed by Judge Janis L. Sammartino on 10/5/2022. (tcf)
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| Filing 15 REPLY to Response to Motion re #2 MOTION to Dismiss for Failure to State a Claim filed by National Default Servicing Corporation, Select Portfolio Servicing, U.S. Bank NA. (Betpera, Artin) (tcf). |
| Filing 14 RESPONSE in Opposition re #2 MOTION to Dismiss for Failure to State a Claim , #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by Michelle Gold. (Gold, Michelle) (jpp). |
| Filing 13 REPLY to Response to Motion re #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by Michelle Gold. (Gold, Michelle) (tcf). |
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Filing 12
ORDER (1) Setting Briefing Schedule for #2 Defendants' Motion to Dismiss and (2) Vacating Hearing Thereon. Plaintiff SHALL FILE her Opposition to the Motion on or before 9/22/2022. Defendants MAY FILE their Reply in support of the Motion, if any, on or before 9/26/2022. The Court VACATES the hearing on the Motion currently set for 10/6/2022 at 1:30 PM. Signed by Judge Janis L. Sammartino on 9/20/2022. (tcf)
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| Filing 11 RESPONSE in Opposition re #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by National Default Servicing Corporation, Select Portfolio Servicing, U.S. Bank NA. (Attachments: #1 Declaration of Patrick Pittman, #2 Request for Judicial Notice)(Betpera, Artin) (tcf). |
| Filing 10 NOTICE of Joinder by U.S. Bank NA re #2 MOTION to Dismiss for Failure to State a Claim (Betpera, Artin) (tcf). |
| Filing 9 Corporate Disclosure Statement by U.S. Bank NA identifying Corporate Parent U.S. Bankcorp for U.S. Bank NA. (Betpera, Artin) (tcf). |
| Filing 8 NOTICE of Appearance by Artin Betpera on behalf of U.S. Bank NA (Betpera, Artin)Attorney Artin Betpera added to party U.S. Bank NA(pty:dft) (tcf). |
| Filing 7 Corporate Disclosure Statement by National Default Servicing Corporation. No Corporate Parents/Interested Parties. (Betpera, Artin) (tcf). |
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Filing 6
ORDER Ordering Defendants National Default Servicing Corporation and Select Portfolio Servicing to Show Cause as to Subject-Matter Jurisdiction (ECF No. #1 ). Defendants SHALL INCLUDE a response to this Order in their opposition to Plaintiff's Ex Parte Application on or before 9/16/2022. Plaintiff MAY INCLUDE a reply to Defendants' response on or before 9/20/2022. Signed by Judge Janis L. Sammartino on 9/13/2022. (tcf)
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Filing 5
ORDER Setting Briefing Schedule for #4 Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction and Vacating Hearing Date. Opposition is due on or before 9/16/2022. Reply is due on or before 9/20/2022. The Court VACATES the hearing currently set for 9/19/2022 at 2:00 PM and will decide the Motion on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 9/12/2022. (tcf)
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| Filing 4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and Authorities, Emergency MOTION for Preliminary Injunction and Points and Authorities, Emergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities by Michelle Gold. (Attachments: #1 Declaration Dec of Michelle Gold in Support of TRO and OSC, #2 Exhibit Exhibits in Support of P&A and Dec of Gold)(Gold, Michelle) (tcf). |
| Filing 3 Corporate Disclosure Statement by Select Portfolio Servicing identifying Corporate Parent Credit Suisse (USA), Inc., Corporate Parent SP Holding Enterprises Corp. for Select Portfolio Servicing.. (Betpera, Artin) (tcf). |
| Filing 2 MOTION to Dismiss for Failure to State a Claim by National Default Servicing Corporation, Select Portfolio Servicing. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 RJN Exhibit A, #4 RJN Exhibit B, #5 RJN Exhibit C)(Betpera, Artin) (tcf). |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $402 receipt number ACASDC-17098620.) Filed by Select Portfolio Servicing, National Default Servicing Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-F)The new case number is 3:22-cv-1232-JLS-AGS. Judge Janis L. Sammartino and Magistrate Judge Andrew G. Schopler are assigned to the case.(cxl1) (sjt). |
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