Caba et al v. Homestreet Bank et al
| Cesar Renol Caba and Evelyn Sahagun Caba |
| Homestreet Bank and Does 1 through 20, inclusive |
| 1:2021cv00301 |
| July 6, 2021 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1444 |
| None |
Docket Report
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Filing 8
EO: In light of the pending #4 Motion to Remand, the Rule 16 Scheduling Conference set for 08/09/2021 is CONTINUED to 09/17/2021 at 09:30AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 09/10/2021.Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(laa)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 7
TRANSMITTAL of DOCUMENTS from the Circuit Court of the Second Circuit, State of Hawaii, 2CC161000571. (Attachments: #1 Case Detail Docket List, #2 Complaint for Foreclosure, #3 Return and Acknowledgment of Service re Evelyn Sahagan Caba, #4 Return and Acknowledgment of Service re Cesar Renol Caba, #5 Defendants' Answer to Complaint and Request to Dismiss Case, #6 Plaintiff's Ex Parte Motion to Correct Typographical Error in Defendant's Name, #7 Notice of Pendency of Action, #8 Plaintiff's Motion for Summary Judgment and Decree of Foreclosure, #9 Defendants' Non-Hearing Motion of Time Under Rule 6(b) to File Opposition to Motion for Summary Judgment and Decree of Foreclosure, #10 Plaintiff's Opposition to Defendants' Non-Hearing Motion of Time under Rule 60(b) to File Opposition, #11 Defendants' Memorandum in Opposition to Motion for Summary Judgment and Decree of Foreclosure (, #12 Submission of Supplemental Declaration in Support of Motion for Summary Judgment and Decree of Foreclosure, #13 Amended Notice of Hearing on Motion for Summary Judgment and Decree of Foreclosure, #14 Plaintiff's Reply Memorandum in Support of Motion for Summary Judgment and Decree of Foreclosure, #15 Supplement in Support of Plaintiff's Motion for Summary Judgment and Decree of Foreclosure, #16 Second Amended Notice of Hearing on Plaintiff's Motion for Summary Judgment and Decree of Foreclosure, #17 Notice to Court of Filed Modification or HAMP Program (SEALED), #18 Sua Sponte Order Sealing Notice to Court of Filed Modification or HAMP Program) (emt, ) (Additional attachment(s) added on 8/3/2021: #19 Plaintiff's Reply to Defendant's Notice to Court of Filed Modification or HAMP Program, #20 Original Signed Declaration of Patricia J. McHenry re Reply to Defendants' Notice to Court of Filed Modification or HAMP Program, #21 Defendants' Notice of Appeal to Intermediate Court of Appeals or Supreme Court, #22 Findings of Fact, Conclusions of Law, and Order Granting Plaintiff's Motion for Summary Judgment and Decree of Foreclosure, #23 Judgment; Exhibit "A", #24 Commissioner's Motion to Proceed Without Open Houses or in the Alternative for Issuance of Writ of Possession, #25 Defendants' Reply to Commissioner's Motion, #26 Defendants' Ex Parte Motion to Set Aside Order Granting Commissioner's Motion, #27 Plaintiff's Application for Oral Hearing on Defendants' Ex Parte Motion to Set Aside, #28 Amended Certificate of Service, #29 Order Granting Commissioner's Motion to Proceed Without Open Houses or in the Alternative for Issuance of Writ of Possession, #30 Plaintiff's Memorandum in Opposition to Defendants' Ex Parte Motion to Set Aside Order, #31 Commissioner's Report, #32 Defendants' Demand of Right to Jury Trial) (emt, ). (Additional attachment(s) added on 8/3/2021: #33 Plaintiff's Motion for Confirmation of Sale, Deficiency Judgment, for Writ of Possession and Cancellation of Notice of Pendency of Action, #34 Notice of Removal of Action Under CV No. 15-1-0621(3) from Second Circuit, State of Hawaii to Federal Court, #35 Defendant Evelyn Sahagun Caba's Notice of Filing Voluntary Petition Under Chapter 13 and Automatic Stay, #36 Judgment on Appeal, #37 Letter to Second Circuit Court from Sue Beitia, Clerk, U.S. District Court, dated July 5, 2018, #38 Order, #39 Plaintiff's Notice of Order Granting Motion for Relief from Automatic Stay) (emt, ). (Additional attachment(s) added on 8/3/2021: #40 First Amended Notice of Hearing re Plaintiff's Motion for Confirmation of Sale, #41 Amended Declaration of Angela K. Correa for Fees and Costs, #42 Summary Disposition Order, #43 Judgment on Appeal, #44 Order Granting Plaintiff's Motion for Confirmation of Sale, #45 Certificate of Service, #46 Judgment, #47 Notice of Entry of Judgment, #48 Certificate of Service, #49 Defendants' Notice of Appeal to Intermediate Court of Appeals or Supreme Court of Hawaii, #50 Notice of Pendency of Action, #51 Writ of Possession, #52 Defendants-Appellants' Amended Notice of Pendency, #53 Defendants' Notice of Record on Appeal) (emt, ). (Additional attachment(s) added on 8/3/2021: #54 Plaintiff's Motion for Relief from Judgment (Part 1 of 2), #55 Plaintiff's Motion for Relief from Judgment (Part 2 of 2), #56 Defendants' Answer and Opposition to Plaintiff's Re-Hearing on July 10, 2019, #57 Plaintiff's Reply Memorandum in Support of Motion for Relief from Judgment, #58 Defendant Evelyn Caba's Notice of Filing Chapter 13 and Automatic Stay, #59 Notice of Appearance, Nicholas M. McLean for Plaintiff-Appellee, #60 Notice of Removal of Action Under CV No. 2CC161000571 from Second Circuit Court, State of Hawaii to Federal Court) (emt, ). (Additional attachment(s) added on 8/5/2021: #61 Notice of Filing Bankruptcy Petition, #62 Plaintiff's Notice of Dismissal of Bankruptcy Petition, #63 Civil Motions Calendar/Minutes 3/22/2017, #64 Civil Motions Calendar/Minutes 5/31/2017, #65 Civil Motions Calendar/Minutes 8/9/2017, #66 Civil Motions Calendar/Minutes 1/3/2018, #67 Civil Motions Calendar/Minutes 4/18/2018, #68 Civil Motions Calendar/Minutes 7/27/2018, #69 Civil Motions Calendar/Minutes 2/13/2019, #70 Civil Motions Calendar/Minutes 7/10/2019, #71 Proposed Order Granting Plaintiff's Motion for Relief from Judgment, #72 Notice of Electronic Filing, #73 Notice of Withdrawal of Counsel for Plaintiff, #74 Notice of Electronic Filing, #75 Order Granting Plaintiff's Motion for Relief from Judgment, #76 Notice of Electronic Filing, #77 Order, #78 Notice of Electronic Filing, #79 Notice of Rehearing on Motion for Confirmation of Sale, #80 Notice of Electronic Filing, #81 Civil Information Sheet, #82 Notice of Electronic Filing, #83 Reply Memorandum in Support of Plaintiff's Motion for Confirmation of Sale, #84 Notice of Electronic Filing) (emt, ). (Additional attachment(s) added on 8/5/2021: #85 Request for Transcript(s) of Proceedings, #86 Notice of Electronic Filing, #87 Partial Docket Sheet, #88 Third Declaration of Adam Greenwood Re: CARES Act, #89 Notice of Electronic Filing, #90 Letter to Judge Peter T. Cahill from Patricia J. McHenry, dated June 29, 2020, #91 (Proposed) Order Reappointing Commissioner, #92 (Proposed) Order Re Plaintiff's Motion to Confirm Sale, #93 Notice of Electronic Filing, #94 Defendants' Objection to Proposed Order Re Motion for Confirmation of Sale, #95 Notice of Electronic Filing, #96 Notice of Amended Certificate of Service re Objections, #97 Notice of Electronic Filing, #98 Order Reappointing Commissioner, #99 Notice of Electronic Filing, #100 Order Re Plaintiff's Motion for Confirmation of Sale, #101 Notice of Electronic Filing, #102 Certificate of Service, #103 Notice of Electronic Filing, #104 Order Granting July 13, 2020 Motion to Dismiss Appeal, #105 Notice of Electronic Filing, #106 Defendant Evelyn Caba's Notice of Filing Chapter 13 and Automatic Stay, #107 Notice of Electronic Filing, #108 First Amended Notice of Pendency of Action, #109 Notice of Electronic Filing, #110 Commissioner's Report, #111 Notice of Electronic Filing) (emt, ). (Additional attachment(s) added on 8/5/2021: #112 Plaintiff's Second Motion for Confirmation of Sale, #113 Notice of Electronic Filing, #114 Plaintiff's Reply Memorandum in Support of Second Motion for Confirmation of Sale, #115 Notice of Electronic Filing, #116 Defendant Cesar Caba's Notice of Filing Chapter 13 and Automatic Stay, #117 Notice of Electronic Filing, #118 Partial Docket Sheet, #119 Plaintiff's Notice of Order Granting Motion to Dismiss Chapter 13 Case with 180 Dday Bar to Refiling, #120 Notice of Electronic Filing, #121 Notice of Hearing on Plaintiff's Second Motion for Confirmation of Sale, #122 Notice of Electronic Filing, #123 Amended Declaration of Angela K. Correa for Fees and Costs, #124 Notice of Electronic Filing, #125 Defendants' Notice of Removal, #126 Notice of Electronic Filing, #127 Partial Docket Sheet, #128 Exhibit to Defendants' Notice of Removal, #129 Notice of Electronic Filing, #130 Notice of Electronic Filing, #131 Letter to Judge Peter T. Cahill from Patricia J. McHenry, dated July 8, 2021, #132 (Proposed) Order Granting Plaintiff's Second Motion for Confirmation of Sale, #133 (Proposed) Judgment and Notice of Entry of Judgment, #134 Notice of Electronic Filing, #135 Letter to Judge Peter T. Cahill from Patricia J. McHenry, dated July 9, 2021, #136 (Proposed) Second Writ of Possession, #137 Notice of Electronic Filing, #138 Defendants' Opposition and Objection to Proposed Order and Second Writ of Possession, #139 Notice of Electronic Filing, #140 Order Granting Plaintiff's Second Motion for Confirmation of Sale, #141 Notice of Electronic Filing, #142 Judgment, #143 Notice of Electronic Filing, #144 Notice of Entry of Judgment, #145 Notice of Electronic Filing, #146 Second Writ of Possession, #147 Notice of Electronic Filing, #148 Mailing Documentation) (emt, ). Modified on 8/5/2021 (emt, ).
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Filing 6
EO: Defendant Homestreet Bank's MOTION #4 to Remand, will be considered by Judge Leslie E. Kobayashi as a Non Hearing Motion.Response Memorandum is due: 8/11/2021.Optional Reply Memorandum is due: 8/25/2021.Defendant Homestreet Bank's MOTION #4 to Remand; will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI) (afe)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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ADVISORY ENTRY. Exhibits Not Attached as Separate PDFS - Please be advised that exhibits included in Document #4 MOTION to Remand filed by Homestreet Bank , are comprised of multiple exhibits that were not submitted as separate pdf attachments. The filing party shall refer to the CM/ECF Procedures Guide, Section 5.0 Exhibits, for additional instructions on how to file exhibits as separate attachments to the main document. (emt, )
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Filing 5
Corporate Disclosure Statement by Homestreet Bank identifying Corporate Parent HomeStreet, Inc., a publicly-traded company for Homestreet Bank.. (McHenry, Patricia)
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Filing 4
Defendant Homestreet Bank's MOTION to Remand Patricia J. McHenry appearing for Defendant Homestreet Bank (Attachments: #1 Memorandum in Support , #2 Declaration of Patricia J. McHenry , #3 Exhibits A-N , #4 Certificate of Service)(McHenry, Patricia) Modified on 7/20/2021 (emt, ).
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 8/9/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/6/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )
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Filing 2
Filing fee: $ 402, receipt number HI030906 re #1 Notice of Removal. (emt, )
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Filing 1
Plaintiffs Complaint of REMOVAL OF ACTION Under Civil Case No. 2CC161000571 From the Second Circuit, State of Hawaii to Federal Court Based on Federal Question Jurisdiction Pursuant to 28 U.S.C. 1441(a) by Cesar Renol Caba, Evelyn Sahagun Caba from Circuit Court of the Second Circuit, State of Hawaii, case number 2CC161000571. (Attachments: #1 Exhibit A - Supporting Documents )(emt, )
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