POS Investements, LLC v. Citimortgage, Inc. et al
| POS Investements, LLC |
| Citimortgage, Inc. and Clear Recon Corp. |
| 2:2022cv02144 |
| December 27, 2022 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Brenda Weksler |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/3/2023. 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 Status Conference Hearing is set for March 6, 2023 at 10:00 AM 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 the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary. 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 12 CERTIFICATE of Interested Parties by Citimortgage, Inc. There are no known interested parties other than those participating in the case (Blake, David) Modified to add Citigroup, Inc as an Interested Party on 1/10/2023 (EDS). |
| Filing 11 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/3/2023 before the Honorable Richard F. Boulware, II. Crtrm Administrator: B. Lenzi; Pla Counsel: Joseph Hong, Esq.; Def Counsel: David Blake, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 9:18 AM - 9:27 AM; Courtroom: 7C; Counsel for the parties are present appearing by videoconference at these proceedings. The Court makes preliminary statements and hears representations of counsel regarding Defendant Citimortgage, Inc.'s #1 Petition for Removal and Plaintiff POS Investements, LLC's Motion for Temporary Restraining Order/Preliminary Injunction. Based on the current record, and for the reasons stated at the hearing the Court finds it appropriate to order jurisdictional discovery in this case. IT IS THEREFORE ORDERED that the parties shall have sixty (60) days to file jurisdictional discovery regarding Defendant Citimortgage, Inc. IT IS FURTHER ORDERED that the parties shall submit by January 17, 2023 a discovery plan and joint scheduling order for jurisdictional discovery consistent with the Court's direction at the hearing. IT IS FURTHER ORDERED that, in light of the jurisdictional discovery ordered by the Court, Plaintiff's Motion for Temporary Restraining Order/Preliminary Injunction is DENIED without prejudice. (ECF No. [1.2])IT IS FURTHER ORDERED and by consent that Defendant shall not commence foreclosure proceedings regarding the subject property without the approval of the Court. IT IS FURTHER ORDERED that a status conference is set for March 6, 2023 at 10:00 a.m., by videoconference. The Court will issue the instruction regarding the videoconference appearance at a later date. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/3/2023. IT IS ORDERED that the Hearing re: regarding the #1 PETITION FOR REMOVAL and the Motion for Temporary Restraining Order and/or Preliminary Injunction on Order Shortening Time is set for January 3, 2023 is RESET in time Only to 9:00 a.m. by videoconference before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 9 SUPPLEMENT to 8 Minute Order,, Terminate Deadlines/Hearings, by Plaintiff POS Investements, LLC. (Attachments: #1 Exhibit 1)(Hong, Joseph) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/2/2023. IT IS ORDERED that Plaintiff POS Investments, LLC shall file by 11:30 pm, tonight, on January 2, 2023, a notice with documentary evidence which sets forth a.) the identity of all of the members of POS Investments, LLC and b.) the respective citizenship of each member. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 7 RESPONSE to 4 Minute Order Setting Hearing on Motion,,,,, Set/Reset Deadlines & Hearings,,,,, Terminate Deadlines/Hearings,,,, by Defendant Citimortgage, Inc.. (Attachments: #1 9/30/2013 Notice of Default, #2 5/23/22 Notice of Rescission, #3 Findings of Fact, Conclusions of Law and Judgment)(Blake, David) |
| Filing 6 RESPONSIVE BRIEF by Plaintiff POS Investements, LLC. Pursuant to ECF No. 4.. (Attachments: #1 Exhibit 1)(Hong, Joseph) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/31/2022. 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 the Hearing re: #1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number a-22-861975-c, including the Complaint and Motion for Temporary Restraining Order and/or Preliminary Injunction on Order Shortening Time is set for January 3, 2023 at 8:15 a.m. 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 to 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 the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. 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 4 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/31/2022. The Court has reviewed Defendant Citimortgage, Inc.'s #1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number a-22-861975-c, including the Complaint and Motion for Temporary Restraining Order and/or Preliminary Injunction on Order Shortening Time, attached as exhibits. IT IS ORDERED that Plaintiff shall file a brief in response to Defendant Citimortgage, Inc.'s Petition for Removal, addressing the Court's jurisdiction over this case by January 2, 2023. IT IS FURTHER ORDERED that Defendants shall file any response to the Motion for Temporary Restraining Order and/or Preliminary Injunction on Order Shortening Time by January 2, 2023. IT IS FURTHER ORDERED that a hearing regarding the #1 PETITION FOR REMOVAL and the Motion for Temporary Restraining Order and/or Preliminary Injunction on Order Shortening Time is set for January 3, 2023 at 8:15 a.m. by videoconference. The Court to file the instruction regarding the videoconference appearance. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/28/2022. By Deputy Clerk: L. Ortiz. Statement regarding removed action is due by 1/12/2023. Joint Status Report regarding removed action is due by 1/27/2023. (Copies have been distributed pursuant to the NEF - LOE) |
| Filing 2 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 - LOE) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. (LOE) |
| Filing 1 PETITION FOR REMOVAL from Eight Judicial District Court, Case Number a-22-861975-c, (Filing fee $ 402 receipt number ANVDC-7155420) by Citimortgage, Inc.. Proof of service due by 3/2/2023. (Attachments: #1 Exhibit, #2 Exhibit - Motion for TRO/PI filed in state court, #3 Exhibit) (Blake, David) 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. Modified on 12/29/2022 to point out TRO/PI (DRS). |
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