Jackson et al v. McCarthy et al
Plaintiff: James R. Jackson, Jr. and Suzette Jackson
Defendant: Kevin R. McCarthy, Thomas J. Holthus, Quality Loan Service Corporation and Nationstar Mortage LLC
Case Number: 3:2023cv01103
Filed: June 14, 2023
Court: US District Court for the Southern District of California
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Barbara Lynn Major
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1345 fc Foreclosure
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2023 Filing 43 AFFIDAVIT OF SERVICE by James R. Jackson, Jr, Suzette Jackson (anh)
August 7, 2023 Filing 42 AFFIDAVIT OF SERVICE by James R. Jackson, Jr, Suzette Jackson (anh)
August 7, 2023 Opinion or Order Filing 41 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting Document: Supplemental Pleading, from Plaintiffs James R. Jackson, Jr, Suzette Jackson. Non-compliance with local rule(s), OTHER: Order at Doc. No. 35- As Plaintiffs have filed numerous documents in opposition to the motions to dismiss in both cases and continue to file inappropriate materials on the docket, between now and the hearing Plaintiffs may only file their reply to any opposition to Plaintiffs motion to stay filed in Case No. 23cv1103. Any other documents filed by Plaintiffs between now and the hearing will be stricken.. Signed by the Chambers of Judge Cathy Ann Bencivengo on 8/7/2023. (Attachments: #1 Rejected/Stricken Document)(All non-registered users served via U.S. Mail Service)(anh)
August 7, 2023 Filing 38 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order filed by Nationstar Mortage LLC. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G")(Norman, Robert) (anh).
August 4, 2023 Filing 40 **Stricken Per Order #41 ** (anh).
August 4, 2023 Filing 39 AFFIDAVIT OF SERVICE by James R. Jackson, Jr, Suzette Jackson (anh)
August 3, 2023 Opinion or Order Filing 37 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting Document: Supplemental Pleading, from Plaintiffs James R. Jackson, Jr, Suzette Jackson. Non-compliance with local rule(s), OTHER: Fed. R. Civ. P. 15(d) Supplemental pleadings require court order 23cv1103-CAB-BLM, Doc. No. 31- Any further documents framed as a proposed order or that do not contain both Plaintiffs signatures will be rejected.. Signed by the chambers of Judge Cathy Ann Bencivengo on 8/3/2023. (Attachments: #1 Rejected/Stricken Document)(All non-registered users served via U.S. Mail Service)(anh)
August 2, 2023 Filing 36 **Stricken Per Order #37 ** (anh).
August 1, 2023 Opinion or Order Filing 35 ORDER RE August 17,2023 Hearing. Signed by Judge Cathy Ann Bencivengo on 8/1/2023.(All non-registered users served via U.S. Mail Service)(anh)
July 31, 2023 Filing 34 Plaintiffs' Rejection re: Motion to Dismiss by James R. Jackson, Jr, Suzette Jackson (anh)
July 31, 2023 Filing 33 REQUEST FOR JUDICIAL NOTICE by James R. Jackson, Jr, Suzette Jackson (anh)
July 31, 2023 Filing 32 RESPONSE to Motion filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 31, 2023 Opinion or Order Filing 31 ORDER Re Filings from Plaintiffs. Signed by Judge Cathy Ann Bencivengo on 7/31/2023.(All non-registered users served via U.S. Mail Service)(anh)
July 28, 2023 Filing 30 RESPONSE to Defendants Request for Briefing Schedule filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 28, 2023 Filing 29 RESPONSE to Motion filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 28, 2023 Filing 28 RESPONSE to Motion filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 28, 2023 Filing 27 RESPONSE to Motion re #26 MOTION to Dismiss Complaint filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 28, 2023 Filing 26 Notice of Motion and Motion to Dismiss Complaint (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Coutts, Melissa) (exs).
July 26, 2023 Filing 25 NOTICE by James R. Jackson, Jr, Suzette Jackson (anh)
July 24, 2023 Filing 24 RESPONSE in Opposition re #10 MOTION to Dismiss Complaint filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 24, 2023 Filing 23 RESPONSE in Opposition re #10 MOTION to Dismiss Complaint filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 24, 2023 Opinion or Order Filing 22 ORDER Setting Aside Default [Doc. No. #16 ]. Signed by Judge Cathy Ann Bencivengo on 7/24/2023. (All non-registered users served via U.S. Mail Service)(anh)
July 21, 2023 Filing 21 RESPONSE in Opposition re #16 MOTION to Set Aside Default filed filed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 20, 2023 Opinion or Order Filing 20 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting Document: Communications with Persons Represented by Counsel, from Plaintiffs James R. Jackson, Jr, Suzette Jackson. Non-compliance with local rule(s), OTHER: Improper filing, Rejected document was returned to the filer. Signed by the chambers of Judge Cathy Ann Bencivengo on 7/20/2023. (Attachments: #1 Communications with Persons Represented by Counsel)(All non-registered users served via U.S. Mail Service)(anh)
July 20, 2023 Opinion or Order Filing 19 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting Document: Request for Entry of Clerk Default against Nationstar Mortgage LLC, from Plaintiffs James R. Jackson, Jr, Suzette Jackson. Non-compliance with local rule(s), OTHER: Filing is moot per Doc. 10. MOTION to Dismiss Complaint by Nationstar Mortage LLC, Rejected document was returned to the filer. Signed by the chambers of Judge Cathy Ann Bencivengo on 7/20/2023. (Attachments: #1 Request for Default)(All non-registered users served via U.S. Mail Service)(anh)
July 19, 2023 Filing 18 **Stricken per Order #20 ** (anh).
July 19, 2023 Filing 17 **Stricken per Order #19 ** (anh).
July 18, 2023 Filing 16 MOTION to Set Aside Default filed by Thomas J. Holthus, Kevin R. McCarthy, Quality Loan Service Corporation. (Attachments: #1 Memo of Points and Authorities MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO SET ASIDE DEFAULT, #2 Proof of Service)(Coutts, Melissa)Attorney Melissa Robbins Coutts added to party Thomas J. Holthus(pty:dft), Attorney Melissa Robbins Coutts added to party Kevin R. McCarthy(pty:dft), Attorney Melissa Robbins Coutts added to party Quality Loan Service Corporation(pty:dft) (anh).
July 18, 2023 Filing 15 Clerk's ENTRY OF DEFAULT as to Thomas J. Holthus, Kevin R. McCarthy, Quality Loan Service Corporation (All non-registered users served via U.S. Mail Service)(anh)
July 18, 2023 Filing 14 Request for Entry of Clerk Default against Kevin R. McCarthy (anh)
July 18, 2023 Filing 13 Request for Entry of Clerk Default against Quality Loan Service Corporation (anh)
July 18, 2023 Filing 12 Request for Entry of Clerk Default against Thomas J. Holthus (anh)
July 18, 2023 Filing 11 Request for entry of Clerk's default against Nationstar Mortage LLC by James R. Jackson, Jr, Suzette Jackson. (anh)
July 17, 2023 Filing 10 MOTION to Dismiss Complaint by Nationstar Mortage LLC. (Attachments: #1 Request for Judicial Notice, #2 Exhibit "1" - Deed of Trust, #3 Exhibit "2" - Corporate Assignment of DOT, #4 Exhibit "3" - Substitution of Trustee, #5 Exhibit "4" - Notice of Default, #6 Exhibit "5" Notice of Trustee's Sale)(Norman, Robert)Attorney Robert Wayne Norman, Jr added to party Nationstar Mortage LLC(pty:dft) (anh).
July 14, 2023 Opinion or Order Filing 9 ORDER Setting Briefing Schedule on Ex Parte [Doc. No. #8 ]. Signed by Judge Cathy Ann Bencivengo on 7/13/2023.(All non-registered users served via U.S. Mail Service)(anh)
July 13, 2023 Filing 8 Ex Parte Application to Stop Trustee Sale Until Defendant Proves Legal Authority and/or Until This Matter is Judicially Completed by James R. Jackson, Jr, Suzette Jackson. (anh)
July 13, 2023 Filing 7 SUMMONS Returned Executed by James R. Jackson, Jr, Suzette Jackson. Nationstar Mortage LLC served. (anh)
July 13, 2023 Filing 6 SUMMONS Returned Executed by James R. Jackson, Jr, Suzette Jackson. Thomas J. Holthus, Kevin R. McCarthy, Quality Loan Service Corporation served. (anh)
July 13, 2023 Opinion or Order Filing 5 ORDER Re Telephone Calls to Court. Signed by Judge Cathy Ann Bencivengo on 7/13/2023.(All non-registered users served via U.S. Mail Service)(anh)
June 15, 2023 Opinion or Order Filing 4 ORDER denying Motion for Leave to File on Pacer [Doc. No. #3 ]. Signed by Judge Cathy Ann Bencivengo on 6/15/2023. (All non-registered users served via U.S. Mail Service)(anh)
June 15, 2023 Filing 3 MOTION for Leave to Electronically File Documents by James R. Jackson, Jr, Suzette Jackson. (anh)
June 14, 2023 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. (ggv)
June 13, 2023 Filing 1 COMPLAINT against Thomas J. Holthus, Kevin R. McCarthy, Nationstar Mortage LLC, Quality Loan Service Corporation ( Filing fee $ 402 receipt number 146195.), filed by James R. Jackson, Suzette Jackson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Receipt)The new case number is 3:23-cv-1103-CAB-BLM. Judge Cathy Ann Bencivengo and Magistrate Judge Barbara Lynn Major are assigned to the case. (Jackson, Suzette)(ggv)

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Plaintiff: James R. Jackson, Jr.
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Plaintiff: Suzette Jackson
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Defendant: Kevin R. McCarthy
Represented By: Melissa Robbins Coutts
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Defendant: Thomas J. Holthus
Represented By: Melissa Robbins Coutts
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Defendant: Quality Loan Service Corporation
Represented By: Melissa Robbins Coutts
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Defendant: Nationstar Mortage LLC
Represented By: Robert Wayne Norman, Jr.
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