Ditech Financal LLC v. Northgate Homeowners Association et al
Plaintiff: Ditech Financal LLC
Defendant: Maria Loyo-Morales, Nevada Association Services, Inc., Northgate Homeowners Association and Kimberly Tiboni
Case Number: 2:2016cv02400
Filed: October 14, 2016
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: Cam Ferenbach
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 16, 2024 Opinion or Order Filing 170 ORDER granting 169 Stipulation TO DISMISS NORTHGATE HOMEOWNERS ASSOCIATION WITH PREJUDICE. Northgate and NAS are dismissed from this action, with prejudice. Each party to bear its/her own attorneys fees and costs with respect to all claims against Northgate and NAS in this action. Signed by Chief Judge Miranda M. Du on 4/16/2024. (Copies have been distributed pursuant to the NEF - CAH)
December 19, 2023 Opinion or Order Filing 167 ORDER re 160 as to Plaintiff The Bank of New York Mellon. ACCORDINGLY, Plaintiffs Motion to Amend 160 is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Cam Ferenbach on 12/19/2023. (Copies have been distributed pursuant to the NEF - CAH)
September 21, 2023 Opinion or Order Filing 159 SCHEDULING ORDER granting 158 Amended Discovery Plan and Scheduling Order. Discovery due by 4/15/2024. Motions due by 5/15/2024. Proposed Joint Pretrial Order due by 6/14/2024. Signed by Magistrate Judge Cam Ferenbach on 9/21/2023. (Copies have been distributed pursuant to the NEF - CT)
September 6, 2023 Opinion or Order Filing 155 ORDER. IT IS ORDERED that a video case management conference hearing is scheduled for1:00 p.m., 9/13/2023. See Order for Details. Signed by Magistrate Judge Cam Ferenbach on 9/6/2023. (Copies have been distributed pursuant to the NEF - JQC)
March 13, 2023 Opinion or Order Filing 147 ORDER granting ECF No. 146 Stipulation : Response to ECF No. 145 Motion to Amend Judgment due by 4/6/2023. Signed by Chief Judge Miranda M. Du on 3/13/2023. (Copies have been distributed pursuant to the NEF - DRM)
February 9, 2023 Opinion or Order Filing 139 ORDER - Plaintiff's motion to dismiss Loyo-Morales' counterclaim against it (ECF No. 105 ) is granted. Plaintiff's motion for judgment on the pleadings (ECF No. 106 ) is granted. The HOA conducted its foreclosure s ale in violation of the automatic bankruptcy stay and thus Plaintiff's DOT continues to encumber the Property. The HOA's motion to dismiss Loyo-Morales crossclaims (ECF No. 127 ) is granted. Loyo-Morales' counter and cr ossclaims (ECF No. 100 at 20-34) are dismissed in their entirety, with prejudice, as amendment would be futile. Plaintiff's motion to expunge lis pendens (ECF No. 107 ) is granted in part, and denied in part, as specified h erein. The notice of pendency of action and lis pendens recorded with the Clark County Recorder's Office with instrument number 20210621-0000003 (ECF Nos. 87 , 91 -1 (recorded version)) is cancelled. Plaintiff's motion for rent s and to appoint receiver (ECF No. 108 ) is denied as specified herein. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 2/9/2023. (Copies have been distributed pursuant to the NEF - DRM)
October 17, 2022 Opinion or Order Filing 136 ORDER granting ECF No. 135 Stipulation : Reply to ECF No. 130 Response re ECF No. 127 Motion to Dismiss due by 10/21/2022. Signed by Chief Judge Miranda M. Du on 10/17/2022. (Copies have been distributed pursuant to the NEF - DRM)
October 11, 2022 Opinion or Order Filing 134 ORDER granting ECF No. 133 Stipulation : Reply in Support of Motion to Dismiss due by 10/14/2022. Signed by Chief Judge Miranda M. Du on 10/11/2022. (Copies have been distributed pursuant to the NEF - DRM)
September 12, 2022 Opinion or Order Filing 126 ORDER Granting 125 Stipulation to Extend Time to File Answer to Cross-Claim. Northgate Homeowners Association answer due 9/16/2022. Signed by Magistrate Judge Nancy J. Koppe on 9/12/2022. (Copies have been distributed pursuant to the NEF - KF)
August 25, 2022 Opinion or Order Filing 123 ORDER granting ECF No. 122 Stipulation for extension of time. Response to the Complaint is due on or before September 23, 2022. Signed by Magistrate Judge Cam Ferenbach on 8/25/2022. (Copies have been distributed pursuant to the NEF - HKL)
August 24, 2022 Opinion or Order Filing 121 ORDER granting ECF No. 120 Stipulation to Extend Time : Answer/Response to ECF No. 100 Crossclaim due by 9/9/2013. Signed by Magistrate Judge Cam Ferenbach on 8/24/2022. (Copies have been distributed pursuant to the NEF - DRM)
June 14, 2021 Opinion or Order Filing 84 ORDERED that Defendant Maria Loyo-Morales' motion for a preliminary injunction (ECF No. 67 ) is denied. It is further ordered that Defendant Maria Loyo-Morales' motion to set aside the default judgment entered against her (ECF No. 68 ) is denied. It is further ordered that Defendant Maria Loyo-Morales' motion for a temporary restraining order (ECF No. 69 ) is denied. It is further ordered that Plaintiff's unopposed motion to substitute (EC F No. 75 ) is granted. The Clerk of Court is directed to replace Plaintiff Ditech Financial LLC on the docket with The Bank of New York Mellon fka The Bank of New York as Trustee for the Registered Holders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-13. Signed by Chief Judge Miranda M. Du on 6/14/2021. (Copies have been distributed pursuant to the NEF - DRM)
May 20, 2021 Opinion or Order Filing 74 ORDER granting ECF No. 73 Stipulation. Carrington will postpone the currently-scheduled foreclosure to June 15, 2021. The opposition to the Motions for Temporary Restraining Order and Preliminary Injunction (ECF Nos. 67 , 69 ) will be due on June 1, 2021. The reply in support of the Motions (ECF Nos. 67 , 69 ) will be due on June 11, 2021. Signed by Chief Judge Miranda M. Du on 5/20/2021. (Copies have been distributed pursuant to the NEF - AB)
June 12, 2018 Opinion or Order Filing 65 FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER GRANTING DEFAULT JUDGMENT. Signed by Judge Miranda M. Du on 6/12/2018. (Copies have been distributed pursuant to the NEF - KR)
April 24, 2018 Opinion or Order Filing 62 ORDER granting ECF No. 61 Defendant Northgate Homeowners Association's Motion to Remove Rachel L. Wise from all service lists for this case. Signed by Magistrate Judge Cam Ferenbach on 4/24/2018. (Copies have been distributed pursuant to the NEF - LH)
April 13, 2018 Opinion or Order Filing 60 ORDER that the status hearing scheduled for 11:00 AM, April 16, 2018, is VACATED. Signed by Magistrate Judge Cam Ferenbach on 4/13/2018. (Copies have been distributed pursuant to the NEF - KW)
January 8, 2018 Opinion or Order Filing 53 ORDER granting ECF No. 52 Ex Parte Motion to Remove Counsel Ace C. Van Patten from CM/ECF Service List and Order. Signed by Magistrate Judge Cam Ferenbach on 1/8/2018. (Copies have been distributed pursuant to the NEF - LH)
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Plaintiff: Ditech Financal LLC
Represented By: Michael R Brooks
Represented By: Ace C. Van Patten
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Defendant: Maria Loyo-Morales
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Defendant: Nevada Association Services, Inc.
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Defendant: Northgate Homeowners Association
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Defendant: Kimberly Tiboni
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