Medina v. Bank of America, N.A. et al
| Jesus R. Medina |
| Bay View Loan Service, LLC, Bank of New York Mellon, MTC Financial Inc. dba Trustee Corps., Mortgage Electronic Registration Systems, Inc., as nominee for Aegis Wholesale Corporation, as Beneficiary, Bank of America, N.A., MTC Financial Inc. and Mortgage Electronic Registration Systems, Inc. |
| 2:2019cv00858 |
| May 20, 2019 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Nancy J Koppe |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.
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Filing 21
ORDER that Defendants' #12 Motion to Dismiss is GRANTED in part. This matter is DISMISSED without prejudice for lack of jurisdiction and should proceed before the Bankruptcy Court of the Eastern District of California. Plaintiff's #11 Motion to Remand is DENIED for the same reasons noted. Signed by Judge Richard F. Boulware, II on 7/3/2019. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 20 STATUS REPORT Regarding Pending Motion for Preliminary Injunction by Defendants Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Brenner, Darren) |
| Filing 19 REPLY to Response to #12 Motion to Dismiss, by Defendants Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Combs, Jamie) |
| Filing 18 RESPONSE to #12 Motion to Dismiss, by Plaintiff Jesus R. Medina. Replies due by 7/2/2019. (Huggins, Joseph) |
| Filing 17 NOTICE of Lis Pendens by Defendants Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Combs, Jamie) |
| Filing 16 RESPONSE to #11 Motion to Remand to State Court,, by Defendants Bank of America, N.A., Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. Replies due by 7/1/2019. (Combs, Jamie) |
| Filing 15 Joint STATUS REPORT Re Removal by Defendants Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Combs, Jamie) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/13/2019. IT IS ORDERED that the hearing set for June 17, 2019 is VACATED. A written order will issue.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 13 JOINDER to #12 Motion to Dismiss, by Defendant Bank of America, N.A.. (Combs, Jamie) |
| Filing 12 MOTION to Dismiss #1 Petition for Removal,, by Defendants Bank of America, N.A., Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. Responses due by 6/25/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Combs, Jamie) |
| Filing 11 MOTION to Remand to State Court re #2 Minute Order Removal Case, 3 Minute Order,,,,, Terminate Deadlines/Hearings,,,, #7 Certificate of Interested Parties,, #8 Certificate of Interested Parties, 6 Order on Stipulation,,,,,,, Minute Order,,,,,,, Terminate Deadlines/Hearings,,,,,, 4 Minute Order,,,,, Terminate Deadlines/Hearings,,,, #10 Statement in Removal Case, #9 Response, #1 Petition for Removal,, by Plaintiff Jesus R. Medina. Responses due by 6/24/2019. (Huggins, Joseph) |
| Filing 10 STATEMENT REGARDING REMOVAL by Defendants Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Combs, Jamie) |
| Filing 9 RESPONSE to 6 Order on Stipulation,,,,,,, Minute Order,,,,,,, Terminate Deadlines/Hearings,,,,,, #1 Petition for Removal,, by Defendants Bank of America, N.A., Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Combs, Jamie) |
| Filing 8 CERTIFICATE of Interested Parties by Bank of America, N.A. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Bank of America Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corp., Other Affiliate BANA Holding Corp. for Bank of America, N.A. added. (Combs, Jamie) |
| Filing 7 CERTIFICATE of Interested Parties by Bank of New York Mellon, Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Holdings, Inc. MERSCORP for Mortgage Electronic Registration Systems, Inc.; Corporate Parent Bayview Asset Management, LLC for Bay View Loan Service, LLC; Corporate Parent The Bank of New York Mellon Corporation. for Bank of New York Mellon added. (Combs, Jamie) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/22/2019. IT IS ORDERED that the parties' #5 Stipulation is GRANTED in part and DENIED in part. Pursuant to the stipulation, Defendants are enjoined from proceeding with a foreclosure sale prior to June 24, 2019. Defendants shall file a response to the Motion for Preliminary Injunction by June 3, 2019. Plaintiff shall file a reply by June 10, 2019. IT IS FURTHER ORDERED that, in their briefs, the parties shall address whether: (1) Defendant Trustee Corps was joined as a sham defendant to destroy this Courts diversity jurisdiction over the matter; and (2) this matter should be transferred to the Eastern District of California for referral to the Bankruptcy Court since the allegations center on references to the Bankruptcy Courts order that approved the cram down stipulation between the parties and set Plaintiffs mortgage payments. IT IS FURTHER ORDERED that the hearing set for tomorrow, May 23, 2019 is VACATED. IT IS FURTHER ORDERED that a hearing is set for June 17, 2019 at 4:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. The hearing will address the Motion for Preliminary Injunction filed in state court prior to the removal of this action to this Court and the jurisdictional issues referenced above. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing partys motion, or case-dispositive sanctions. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 5
STIPULATION and Order regarding Motion for TRO/Preliminary Injunction re 3 Minute Order,,,,, Terminate Deadlines/Hearings,,,, by Defendants Bay View Loan Service, LLC, Mortgage Electronic Registration Systems, Inc.. (Combs, Jamie)
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| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/22/2019. IT IS ORDERED that Court extends the temporary restraining order issued by the state in this matter for fourteen days. The Court finds that good cause as required by Federal Rule of Civil Procedure 65(b) exists to extend the temporary restraining order. The Court finds good cause exists because the matter involves the potential transfer of ownership of real property, potentially meritorious arguments, and a record not yet fully developed as to the substantive arguments for the Court to consider. The Court also finds that good cause exists based on the procedural history of this matter since the temporary restraining order was set to expire only one day prior to the matter being removed to this Court. The Court therefore did not have the time necessary to consider issuing a corresponding preliminary injunction prior to the expiration of the temporary restraining order due to the timing of Defendants petition to remove the matter from state court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/21/2019. IS ORDERED that Defendants shall file a response to the motion by end of the business day tomorrow, May 22, 2019. IT IS FURTHER ORDERED that a hearing is set for May 23, 2019 at 4:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. The hearing will address the Motion for Temporary Restraining Order and Preliminary Injunction filed in the Eighth Judicial District Court in case number A-19-794337-C. A hearing is set May 23, 2019. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/21/2019. Statement regarding removed action is due by 6/5/2019. Joint Status Report regarding removed action is due by 6/20/2019. (Copies have been distributed pursuant to the NEF - ADR) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe. (ADR) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Nevada, Case Number A-19-794337-C, (Filing fee $ 400 receipt number 0978-5555601) by Mortgage Electronic Registration Systems, Inc., as nominee for Aegis Wholesale Corporation, as Beneficiary, Bay View Loan Service, LLC, Bank of New York Mellon. Proof of service due by 8/5/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet)(Combs, Jamie) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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