U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT v. Fidelity National Title Group, Inc. et al
| U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT |
| Ticor Title of Nevada, Inc., Fidelity National Title Group, Inc. and Chicago Title Insurance Company |
| 2:2020cv02239 |
| December 10, 2020 |
| US District Court for the District of Nevada |
| Cam Ferenbach |
| Gloria M Navarro |
| Insurance |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
MOTION to Stay Briefing re #20 Motion to Dismiss, #19 Motion to Dismiss, #18 Motion to Dismiss, by Plaintiff U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT. Responses due by 2/18/2021. (Robbins, Lindsay)
|
|
Filing 21
CERTIFICATE of Interested Parties by Fidelity National Title Group, Inc., Ticor Title of Nevada, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Fidelity National Financial, Inc., Corporate Parent FNTG HOLDINGS, LLC for Fidelity National Title Group, Inc., Ticor Title of Nevada, Inc. added. (Sinclair, Kevin)
|
|
Filing 20
MOTION to Dismiss by Defendant Ticor Title of Nevada, Inc.. Responses due by 2/8/2021. Discovery Plan/Scheduling Order due by 3/11/2021. (Attachments: #1 Exhibit A, #2 Exhibit B) (Sinclair, Kevin) 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.
|
|
Filing 19
MOTION to Dismiss by Defendant Fidelity National Title Group, Inc.. Responses due by 2/8/2021. Discovery Plan/Scheduling Order due by 3/11/2021. (Attachments: #1 Declaration of Jacob Ancona, Esq.) (Sinclair, Kevin) 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.
|
|
Filing 18
MOTION to Dismiss by Defendant Chicago Title Insurance Company. Responses due by 2/8/2021. Discovery Plan/Scheduling Order due by 3/11/2021. (Sinclair, Kevin) 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.
|
|
Filing 17
ORDER granting #16 Stipulation to Extend deadline to Respond to #11 Motion for Attorney Fees, #10 Motion to Remand to State Court. Responses due by 2/11/2021. Signed by Judge Gloria M. Navarro on 1/25/2021. (Copies have been distributed pursuant to the NEF - DRS)
|
|
Filing 16
STIPULATION FOR EXTENSION OF TIME (First Request) re #11 Motion for Attorney Fees, #10 Motion to Remand to State Court by Defendant Chicago Title Insurance Company. (Lau, Sophia)
|
|
Filing 15
SCHEDULING ORDER granting #14 Discovery Plan and Scheduling Order. Discovery due by 9/7/2021. Motions due by 10/7/2021. Proposed Joint Pretrial Order due by 11/5/2021. Signed by Magistrate Judge Cam Ferenbach on 1/21/2021.(Copies have been distributed pursuant to the NEF - DRS)
|
|
Filing 14
Proposed Stipulated Discovery Plan and Scheduling Order by Plaintiff U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT. (Robbins, Lindsay)
|
|
Filing 13
SUMMONS Returned Executed by U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT re #1 Petition for Removal,,,. Chicago Title Insurance Company served on 1/8/2021. (Robbins, Lindsay)
|
|
Filing 12
SUMMONS Returned Executed by U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT re #1 Petition for Removal,,,. Ticor Title of Nevada, Inc. served on 1/8/2021. (Robbins, Lindsay)
|
|
Filing 11
MOTION for Attorney Fees and Costs re #10 Motion to Remand to State Court by Plaintiff U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT. Responses due by 1/25/2021. (Miller, Christina)
|
|
Filing 10
MOTION to Remand to State Court re #1 Petition for Removal,,, by Plaintiff U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT. Responses due by 1/25/2021. (Miller, Christina)
|
|
Filing 9
RESPONSE to Order to Show Cause re 5 Minute Order by Defendant Chicago Title Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Kevin S. Sinclair, #3 Exhibit A) (Sinclair, Kevin) Modified on 1/5/2021 (EDS).
|
|
Filing 8
CERTIFICATE of Interested Parties by U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT that identifies all parties that have an interest in the outcome of this case. Other Affiliate U.S. Bancorp for U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT added. (Robbins, Lindsay)
|
|
Filing 7
Joint STATUS REPORT Regarding Removed Case by Defendant Chicago Title Insurance Company. (Sinclair, Kevin)
|
|
Filing 6
STATEMENT REGARDING REMOVAL by Defendant Chicago Title Insurance Company. (Sinclair, Kevin)
|
|
Filing 5
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 12/15/2020. IT IS HEREBY ORDERED that Defendants Fidelity National Title Group, Inc., Chicago Title Insurance Company, and Ticor Title of Nevada, Inc. (collectively, "Defendants") show cause as to why the Court should not dismiss this action for failure to satisfy the diversity jurisdiction requirements set forth in 28 U.S.C. 1332. Specifically, Defendant states that the amount in controversy exceeds $75,000.00 because Plaintiff U.S. Bank ("Plaintiff") seeks to recover the $65,000.00 balance due on the loan, its attorney's fees in the underlying action, its attorney's fees in this action, and punitive damages. (See Pet. Removal 4:5-8, ECF No. 1). "Attorney's fees may be included in the amount in controversy if recoverable by statute or contract." Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1155-56 (9th Cir.1998). While the Policy, in this case, allows for recovery of attorney's fees, "the removing party must provide evidence establishing that it is 'more likely than not' that the amount in controversy exceeds that amount." Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996); see also Gaus v. Miles, Inc., 980 F.2d 564, 567 (9th Cir. 1992) (finding that removing party's allegation that "the matter in current controversy [...] exceeds the sum of $50,000" is insufficient to overcome the "strong presumption" against removal). Here, Defendants failed to allege specific attorney's fees to show that the amount in controversy exceeds $75,000.00. Accordingly, Defendants shall have until January 4, 2021, to file a brief, not to exceed ten pages, demonstrating that the Court has subject matter jurisdiction over this action. Failure to comply with this Order will result in this case being dismissed without prejudice.(Copies have been distributed pursuant to the NEF - NY) Modified to correct show cause response date on 12/15/2020 (EDS).
|
|
Filing 4
CERTIFICATE of Interested Parties by Chicago Title Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Fidelity National Title Group, Inc., Corporate Parent Fidelity National Financial, Inc., Corporate Parent FNTG HOLDINGS, LLC for Chicago Title Insurance Company added. (Sinclair, Kevin)
|
|
Filing 3
STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS)
|
|
Filing 2
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 12/11/2020. Statement regarding removed action is due by 12/26/2020. Joint Status Report regarding removed action is due by 1/10/2021. (Copies have been distributed pursuant to the NEF - DRS)
|
|
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Cam Ferenbach. (DRS)
|
|
Filing 1
PETITION FOR REMOVAL from Nevada Eighth Judicial District Court, Case Number A-20-826129-C, (Filing fee $ 402 receipt number 0978-6288959) by Chicago Title Insurance Company. Proof of service due by 3/9/2021. (Attachments: #1 Exhibit Ex. 1 (Complaint), #2 Exhibit Ex. 2 (Appendix of Exhibits Vol. I, Part 1), #3 Exhibit Ex. 3 (Appendix of Exhibits Vol. I, Part 2), #4 Exhibit Ex. 4 (Appendix of Exhibits Vol. I, Part 3), #5 Exhibit Ex. 5 (Appendix of Exhibits Vol. II, Part 1), #6 Exhibit Ex. 6 (Appendix of Exhibits Vol. I, Part II), #7 Exhibit Ex. 7 (Initial Appearance Fee Disclosure), #8 Civil Cover Sheet Civil Cover Sheet) (Gizer, Scott) 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.
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT v. Fidelity National Title Group, Inc. et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: U.S. Bank national Association as Trustee for Terwin Mortgage Trust 2004-13ALT | |
| Represented By: | Lindsay Robbins |
| Represented By: | Darren T Brenner |
| Represented By: | Christina Miller |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Ticor Title of Nevada, Inc. | |
| Represented By: | Scott E Gizer |
| Represented By: | Sophia Shunwan Lau |
| Represented By: | Kevin Samuel Sinclair |
| Represented By: | Gary L. Compton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Fidelity National Title Group, Inc. | |
| Represented By: | Scott E Gizer |
| Represented By: | Sophia Shunwan Lau |
| Represented By: | Kevin Samuel Sinclair |
| Represented By: | Gary L. Compton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Chicago Title Insurance Company | |
| Represented By: | Scott E Gizer |
| Represented By: | Sophia Shunwan Lau |
| Represented By: | Kevin Samuel Sinclair |
| Represented By: | Gary L. Compton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
