Rey et al v. BSI Financial Services et al
| Robert N. Moran and Francois Denis Rey |
| Green Tree Servicing LLC, Doe LLC's 1-10, Doe Partners 1-10, Ditech Financial LLC, Jane Does 1-10, John Does 1-10, Bank of America National Association, Doe Corporations 1-10, Doe Entities 1-10 and BSI Financial Services |
| 1:2019cv00104 |
| March 1, 2019 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
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Filing 24
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANTS DITECH FINANCIAL LLC AND GREEN TREE SERVICING LLC AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 4/24/2019. Edmund K. Saffery, Esq. and Lauren K. Chun, Esq. of the law firm Goodsill Anderson Quinn & Stifel LLP added for Ditech Financial LLC and Green Tree Servicing LLC. James Blaine Rogers, III, Esq. and Jenny J.N.A. Nakamoto, Esq. of the firm of Dentons US LLP terminated. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of the #24 WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANTS DITECH FINANCIAL LLC AND GREEN TREE SERVICING LLC AND ORDER has been served by First Class Mail to Francois Denis Rey and Robert N. Moran at the address of record on April 25, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 23 EP: Status Conference by Telephone - (AMENDED)The following appeared by phone:.Plaintiff Pro Se Francois Rey and Plaintiff Pro Se Robert Moran;2.Daniel Kikawa for Defendant BSI;3.Blaine Rogers for Defendants Ditech Financial and Green Tree Servicing; and4.Patricia McHenry for Bank of America.Discussion had concerning the Notice of Bankruptcy Filing and Imposition of Automatic Stay, filed 3/26/19 by Defendants Ditech Financial and Green Tree Servicing. Court confirms all proceedings are stayed in the instant case. Notwithstanding the stay, the Court encouraged parties to discuss possible resolution of this case. A Phone Status Conference is set for 10/3/19 at 9:00 a.m. to monitor further developments in the bankruptcy matter. Rule 16 and Defendant Bank of America's Motion to Dismiss are vacated. Status Conference is set for 10/3/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 4/4/2019 (tbf, ). Modified on 4/4/2019 (tbf, ). Modified on 4/4/2019 (tbf, ). |
| Filing 22 EP: Status Conference by Telephone - The following appeared by phone:.Plaintiff Pro Se Francois Rey and Plaintiff Pro Se Robert Moran;2.Daniel Kikawa for Defendant BSI;3.Blaine Rogers for Defendants Ditech Financial and Green Tree Servicing; and4.Patricia McHenry for Bank of America.Discussion had concerning the Notice of Bankruptcy Filing and Imposition of Automatic Stay, filed 3/26/19 by Defendants Ditech Financial and Green Tree Servicing. Court confirms all proceedings are stayed in the instant case. Notwithstanding the stay, the Court encouraged parties to discuss possible resolution of this case. A Phone Status Conference is set for 10/3/18 at 9:00 a.m. to monitor further developments in the bankruptcy matter. Rule 16 and Defendant Bank of America's Motion to Dismiss are vacated.1 Status Conference is set for 10/3/2018 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 4/4/2019 (tbf, ). |
| Filing 21 EO: On 3/22/19, Plaintiffs Francois Denis Rey and Robert Norton Moran ("Plaintiffs") filed a Motion for Permission for Electronic Case Filing [ECF No. 17] ("Motion"), requesting to be added to the Case Management Electronic Case Filing System. The Court finds the Motion suitable for disposition without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice of the United States District Court for the District of Hawaii. Plaintiffs have not indicated that they attended the training required for access and have not provided any reason for their request to file electronically. Accordingly, the Court DENIES the Motion. denying #17 Motion. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 20 Errata re #18 Notice of Filing Bankruptcy, . (Attachments: #1 Exhibit "1" - Corrected Notice of Bankruptcy Filing, #2 Certificate of Service)(Rogers, James) |
| Filing 19 EO: A Status Conference by Telephone is set for 4/3/2019 09:15 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. Counsel to provide their telephone number to the CRM, Toni Fujinaga at 541-1297. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 18 NOTICE of Filing Bankruptcy by James Blaine Rogers, III on behalf of Ditech Financial LLC. (Attachments: #1 Exhibit "A" - Chapter 11 Voluntary Petition, #2 Exhibit "B" - Limited Stay Modification Order, #3 Certificate of Service)(Rogers, James) |
| Filing 17 Plaintiffs Robert Norton Moran's and Francois Denis-Rey's MOTION for Permission for Electronic Case Filing - by Plaintiffs Robert N. Moran, Francois Denis Rey. (emt, ) |
| Filing 16 Plaintiffs Robert Norton Moran and Francois Denis Rey's MEMORANDUM in Opposition to #8 Defendant Bank of America National Association's MOTION to Dismiss Complaint; Certificate of Service - filed by Robert N. Moran, Francois Denis Rey. (emt, ) |
| Filing 15 EO: On 3/15/19, Plaintiffs Francois Denis Rey and Robert Norton Moran ("Plaintiffs") filed a Non-Hearing Motion: (1) for a Continuance of FRCP Rule 16 Scheduling Conference; (2) to Extend Time to Respond to Defendant Bank of America's Motion to Dismiss; and (3) for a Stay of Proceedings Re: Motion to Dismiss ("Motion") [ECF No. 9]. On 3/19/19, the District Court Judge Otake denied (2) Plaintiffs' Motion to Extend Time to Respond to Defendant Bank of America's Motion to Dismiss as premature. The Court CONTINUES the Rule 16 Scheduling Conference on 4/1/19 at 9:00 a.m. to 5/14/19 at 9:00 a.m. Plaintiff's Motion as it relates to (1) the Continuance of FRCP Rule 16 Scheduling Conference is moot. Scheduling Conference Statements are due 7 days before the Rule 16 Scheduling Conference. In the Motion, Plaintiffs "request a stay of all deadlines and proceedings relating to the Motion to Dismiss pending this Courts ruling on Plaintiffs' forthcoming Plaintiffs Robert Norton Moran and Francois Denis Rey's motion for leave to amend complaint." Motion, Section C, para 1. To date, Plaintiffs have not filed a motion for leave to amend complaint. Accordingly, Plaintiffs' Motion pertaining to (3) Stay of Proceedings Re: Motion to Dismiss is DENIED. finding as moot #9 Motion to Continue; denying #9 Motion to Stay. Rule 16 Scheduling Conference is set for 09:00AM on 5/14/2019 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 14 NOTICE of Hearing on Motion #8 Defendant Bank of America National Association's Motion to Dismiss Complaint:Motion Hearing is set for 6/21/2019 at 9:30 AM in Aha Kanawai before JUDGE JILL A. OTAKE. (shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 12 EO: On 3/15/19, Plaintiffs filed a Motion to Extend Time to Respond to Defendant Bank of America's Motion to Dismiss. The Motion is DENIED AS PREMATURE. Briefing deadlines are determined by hearing dates. Insofar as the hearing on the Motion to Dismiss has yet to be scheduled, there is no opposition deadline to extend. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 11 NOTICE of Case Reassignment: Please reflect new case number CV 19-00104 JAO-RT on all future pleadings . (emt, )COURT'S CERTIFICATE of Service - Francois Denis Rey and Robert N. Moran shall be served by First Class Mail to the address of record on March 19, 2019. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). |
| Filing 10 EO: The Court directs the Clerk's Office to reassign this case to a District Judge. Magistrate Judge Trader will remain as the Magistrate Judge on this case. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 13 TRANSMITTAL of DOCUMENTS From Circuit Court Of The First Circuit; Their Case Number CV 19-1-0122-01-JHA. (Attachments: #1 Circuit Court Clerk's Certificate Regarding Hawaii Judicial Information Sheet, #2 Civil Information Sheet) (cib) Entire case file attached as exhibits to the notice of removal re #1 and Notice #6 |
| Filing 9 MOTION For A Continuance of FRCP Rule 16 Scheduling Conference; MOTION for Extension of Time To Respond To Defendant Bank of America's Motion To Dismiss as to #8 ; and MOTION to Stay of Proceedings Re: Motion To Dismiss; Memorandum In Support of Motion; Declaration of Francois Denis Rey; Declaration of Robert Norton Moran; Order; Certificate of Service filed by Plaintiffs Robert N. Moran, Francois Denis Rey. (Attachments: #1 Memorandum In Support, #2 Declaration of Francois Denis Rey, #3 Declaration of Robert Norton Moran, #4 Proposed Order Continuing Rule 16 Scheduling Conference)(cib) |
| Filing 8 MOTION to Dismiss Complaint Patricia J. McHenry appearing for Defendant Bank of America National Association (Attachments: #1 Exhibit A, #2 Certificate of Service)(McHenry, Patricia) Modified on 3/22/2019 (emt, ). |
| Filing 7 Corporate Disclosure Statement by Bank of America National Association identifying Corporate Parent Bank of America Corporation for Bank of America National Association.. (McHenry, Patricia) |
| Filing 6 NOTICE by Bank of America National Association First Amended Notice of Removal Bank of America National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Certificate of Service)(McHenry, Patricia) |
| Filing 5 CIVIL Cover Sheet by Bank of America National Association. (McHenry, Patricia) |
| Filing 4 NOTICE Of Assignment To United States Magistrate Judge. (Attachments: #1 Election Form - Consent To Jurisdiction By United States Magistrate Judge)(cib) The party filing the case is responsible for serving all parties with this Notice of Assignment and the attached Election Form. COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 4/1/2019 before MAGISTRATE JUDGE ROM TRADER. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/1/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT. COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 2 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00104-RT on all further pleadings. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 1 NOTICE OF REMOVAL by Bank of America N.A. from First Circuit Court, case number 19-1-0122-01 JHA. ( Filing fee $ 400 receipt number 0975-2165676), filed by Bank of America N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Certificate of Service)(McHenry, Patricia) |
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