SFR Investments Pool 1, LLC v. PHH Mortgage Corporation
| SFR Investments Pool 1, LLC |
| PHH Mortgage Corporation |
| 2:2022cv00507 |
| March 22, 2022 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Elayna J Youchah |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Filing 21 CERTIFICATE of Cash Deposit as to SFR Investments Pool 1, LLC: $5,000.00, receipt number NVLAS080865, re #20 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss. (YAW) |
Filing 20
ORDER. IT IS ORDERED that Plaintiff's Motion for a Preliminary Injunction [ECF No. #6 is GRANTED. IT IS FURTHER ORDERED that Defendant PHH, and its successors, assigns and agents are enjoined from continuing foreclosure proceedings on real property located of 4575 Dean Martin Drive, Unit 812, Las Vegas, Nevada 89103 Parcel No. 162-20-312-083. Defendant PHH and its successors, assigns and agents shall take no action to foreclose or further encumber this property in any way without permission from the Court. IT IS FURTHER ORDERED that Plaintiff SFR shall post a bond of $5,000 with the Clerk of the Court by May 2, 2022.IT IS FURTHER ORDERED that Defendant's Motion to Dismiss, ECF No. #17 , is DENIED without prejudice for the reasons stated at the hearing on April 28, 2022; discovery shall be commenced and completed no later than July 1, 2022; the parties shall have until July 15, 2022 to file dispositive motions. See Order for further details. Signed by Judge Richard F. Boulware, II on 4/29/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 22 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/28/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Karen Hanks, Esq.; Def Counsel: Christina Miller, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 11:11 AM - 12:08 PM; Courtroom: 7C; Counsel for the parties are present appearing by videoconference at the hearing. The Court makes preliminary statements and hears representations of counsel regarding the Plaintiff's #6 Emergency MOTION for Preliminary Injunction.For the reasons stated on the record, the Court takes Plaintiff's #6 Emergency Motion for Preliminary Injunction under submission. A written order to be issued. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/25/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that a Hearing re: #6 Emergency MOTION for Preliminary Injunction is set April 28, 2022 at 11:00 AM in by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 18 Joint STATUS REPORT REGARDING REMOVED ACTION by Defendant PHH Mortgage Corporation. (Miller, Christina) |
| Filing 17 MOTION to Dismiss by Defendant PHH Mortgage Corporation. Responses due by 4/29/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Miller, Christina) |
| Filing 16 STATEMENT REGARDING REMOVAL by Defendant PHH Mortgage Corporation. (Miller, Christina) |
| Filing 15 REPLY to Response to #6 Motion for Preliminary Injunction, by Plaintiff SFR Investments Pool 1, LLC. (Hanks, Karen) |
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Filing 14
ORDER granting #13 Stipulation for extension of time to file response to #6 Motion for Preliminary Injunction. Response due by 04/06/2022. Signed by Magistrate Judge Elayna J. Youchah on 4/6/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 13 First STIPULATION FOR EXTENSION OF TIME (First Request) re SFR's Reply in Support of Motion for Preliminary Injunction by Plaintiff SFR Investments Pool 1, LLC. (Hanks, Karen) |
| Filing 12 RESPONSE to #5 Motion for TRO, by Defendant PHH Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Miller, Christina) |
| Filing 11 RESPONSE to #6 Motion for Preliminary Injunction, by Defendant PHH Mortgage Corporation. Replies due by 4/8/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Miller, Christina) |
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Filing 10
ORDER Granting #9 Stipulation for Extension of Time (First Request) re #1 Petition for Removal. PHH Mortgage Corporation response due 4/15/2022. Signed by Magistrate Judge Elayna J. Youchah on 3/29/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 9 STIPULATION FOR EXTENSION OF TIME (First Request) TO RESPOND TO THE COMPLAINT re #1 Petition for Removal,, by Defendant PHH Mortgage Corporation. (Miller, Christina) |
| Filing 8 CERTIFICATE of Interested Parties by SFR Investments Pool 1, LLC. There are no known interested parties other than those participating in the case (Hanks, Karen) Modified by Clerk's Office to add SFR Investments, LLC, SFR Funding, LLC, Xiemen Limited Partnership, Xiemen Investments, LTD, and John Gibson as interested parties on 3/25/2022 (EDS). |
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Filing 7
ORDER granting #5 Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that Defendant shall file any response to Plaintiff's #6 Application for Preliminary Injunction on or before April 1, 2022. Plaintiffs will have up to and including April 5, 2022 to reply to Defendant's response. The Court will provide details regarding a Preliminary Injunction hearing at a later date. Signed by Judge Richard F. Boulware, II on 3/24/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 6 Emergency MOTION for Preliminary Injunction by Plaintiff SFR Investments Pool 1, LLC. Responses due by 4/6/2022. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Notice of Default, #3 Exhibit Assignment, #4 Exhibit Assignment, #5 Exhibit Quitclaim Deed, #6 Exhibit Notice of Default, #7 Exhibit Notice of Sale) (Hanks, Karen) |
| Filing 5 Emergency MOTION for Temporary Restraining Order by Plaintiff SFR Investments Pool 1, LLC. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Notice of Default, #3 Exhibit Assignment, #4 Exhibit Assignment, #5 Exhibit Quitclaim Deed, #6 Exhibit Notice of Default, #7 Exhibit Notice of Sale) (Hanks, Karen) |
| Filing 4 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware'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 - YAW) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 3/22/2022. Statement regarding removed action is due by 4/6/2022. Joint Status Report regarding removed action is due by 4/21/2022. (Copies have been distributed pursuant to the NEF - YAW) |
| Filing 2 CERTIFICATE of Interested Parties by PHH Mortgage Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent Ocwen Financial Corporation, Other Affiliate Ocwen Mortgage Servicing, Inc., Other Affiliate Ocwen Loan Servicing, LLC for PHH Mortgage Corporation added. (Miller, Christina) |
| Filing 1 PETITION FOR REMOVAL from District Court, Clark County, Nevada, Case Number A-22-849374-C, (Filing fee $ 402 receipt number 0978-6836901) by PHH Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet) (Miller, Christina) 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. |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. (YAW) |
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| Plaintiff: SFR Investments Pool 1, LLC | |
| Represented By: | Karen L. Hanks |
| Represented By: | Chantel Marie Schimming |
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| Defendant: PHH Mortgage Corporation | |
| Represented By: | Christina Miller |
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