Gosha et al v. Bank Of New York Mellon et al
| Gary Gosha, Kit Gosha and Gary C. Gosha |
| Bank Of New York Mellon, Community Loan Servicing LLC, Newrez LLC formerly known as New Penn Financial LLC doing business as Shellpoint, Bank of New York, Bank of America, N.A., Bayview Loan Servicing LLC, New Penn Financial LLC, ZBS Law LLC and John Does 1-5 |
| 3:2024cv00251 |
| February 6, 2024 |
| US District Court for the District of Oregon |
| Adrienne Nelson |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 42
Order of USCA for the 9th Circuit, USCA # 24-921, re Notice of Appeal - Preliminary Injunction #24 . The motion (Docket Entry No. 8) for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court will act as and for the mandate of this court. (ecp)
|
|
Filing 41
60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (Deposited in outgoing mail to pro se party on 3/20/2024.) (joha)
|
|
Filing 40
ORDER: The Court is in receipt of plaintiffs' Motion for Extension of Time to File Response to Defendants' Motions to Dismiss, ECF #39 . The Court orders defendants to provide an expedited response by March 18, 2024. Pending resolution of plaintiffs' motion, the Court suspends plaintiffs' deadline to respond to defendants' motions to dismiss, ECF #32 and ECF #36 . Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 3/13/2024.) (joha)
|
|
Filing 39
Motion for Extension of Time to File Response to Defendants Motions to Dismiss. Expedited Hearing requested. Filed by Gary C. Gosha, Kit Gosha. (Attachments: #1 Declaration) (Gosha, Gary)
|
|
Filing 38
ORDER: Plaintiffs' Motion to Abate Case Pending Covid Recovery, ECF #30 , is DENIED. Plaintiffs' motion appears to act as a motion to stay, and a motion for extension of deadlines. Considering the present facts and circumstances of this case, a motion to stay proceedings is inappropriate. However, even if plaintiffs' motion was properly before the Court, plaintiffs could not prevail as no independent proceedings bear upon this case. See Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979) ("A trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case."). If plaintiffs seek an extension of case deadlines or an extension to respond to defendants' newly filed motions to dismiss, plaintiffs must do so in accordance with Federal Rules of Civil Procedure 6(b)(1) and 7. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 3/4/2024.) (joha)
|
|
Filing 37
Corporate Disclosure Statement . Filed by ZBS Law LLC. (Labrecque, Amber)
|
|
Filing 36
Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Community Loan Servicing LLC, Bank Of New York Mellon, Newrez LLC. (Hensrude, Gregor)
|
|
Filing 35
Corporate Disclosure Statement . Filed by Bank Of New York Mellon, Community Loan Servicing LLC, Newrez LLC. (Hensrude, Gregor)
|
|
Filing 34
Declaration of Jeffrey A. Myers in support of Trustees Request for Judicial Notice. Filed by ZBS Law LLC. (Related document(s): Request #33 .) (Labrecque, Amber)
|
|
Filing 33
Request for Judicial Notice. Filed by ZBS Law LLC. (Labrecque, Amber)
|
|
Filing 32
Motion to Dismiss for Failure to State a Claim and Memorandum of Points and Authorities in support of Motion to Dismiss Plaintiffs Complaint. Filed by ZBS Law LLC. (Labrecque, Amber)
|
|
Filing 31
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
|
|
Filing 30
Motion to Abate Case Pending Covid Recovery. Expedited Hearing requested. Filed by Gary C. Gosha, Kit Gosha. (Attachments: #1 Attachment Declaration) (Gosha, Gary)
|
|
Filing 29
Notice re Order on motion for stay,,, 26 Foreclosure sale has occured, Plaintiffs have tested positive for Covid Filed by Gary C. Gosha, Kit Gosha. (Related document(s): Order on motion for stay,,, 26 .) (Gosha, Gary)
|
|
Filing 28
ORDER: Defendant Bank of America, N.A.'s response to the complaint is due April 1, 2024. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 2/21/2024.) (joha) Modified to add defendant name on 2/21/2024 (joha).
|
|
USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction #24 . Case Appealed to Ninth Circuit Court of Appeals Case Number 24-921 assigned. (ecp)
|
|
Filing 27
ORDER: Defendant Bank of America, N.A.'s Unopposed Motion for Extension of Time to Answer Complaint, ECF #21 , is GRANTED. Defendant's response to the complaint is now due March 1, 2024. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 2/21/2024.) (joha)
|
|
Filing 26
ORDER: Plaintiffs' Motion for Stay of Non-Judicial Foreclosure Pending Appeal of District Court's Denial of Temporary Restraining Order, ECF #25 , is DENIED. First, a motion to stay an order pending appeal is appropriate only where a stay applicant establishes (1) a strong showing that they are likely to succeed on the merits; and (2) irreparable injury absent a stay. Al Otro Lado v. Wolf, 952 F.3d 999, 1006-07 (9th Cir. 2020). As discussed in the Court's prior Opinion and Order, ECF #19 , plaintiffs have failed to establish a likelihood of success on the merits. Even if some change in circumstances impacted that assessment (which plaintiffs have not identified), plaintiffs' motion is moot because the non-judicial foreclosure sale date and time has already passed. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 2/21/2024.) (joha)
|
|
Filing 25
Motion for Stay of Non-jucial Foreclosure Pending Appeal of District Court's Denial of Temporary Restraining Order and Order to Show Causelcure. Expedited Hearing requested. Filed by Gary C. Gosha, Kit Gosha. (Gosha, Gary)
|
|
Filing 24
Notice of Appeal to the 9th Circuiton District Court Denial of Temporary Restraining Order and Order to Show Cause Filing fee $605 collected; Agency Tracking ID: AORDC-9283856. Filed by Gary C. Gosha, Kit Gosha. (Gosha, Gary)
|
|
Filing 23
ORDER: Plaintiffs' Emergency Motion for Reconsideration, ECF #22 , is DENIED. Plaintiffs' motion reiterates the same arguments presented in their Motion for Temporary Restraining Order, ECF #4 . Sch. Dist. No. 1J, Multnomah County, Or. v. AC&S, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (finding reconsideration of prior decision appropriate only if the Court is "(1) presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law") (citations omitted). Accordingly, the Court declines to reconsider its prior Opinion & Order, ECF #19 . Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 2/20/2024.) (joha)
|
|
Filing 22
Emergency Motion for Reconsideration of Order on motion for Temporary Restraining Order, Order on motion for order to show cause #19 . Expedited Hearing requested. Filed by Gary C. Gosha, Kit Gosha. (Gosha, Gary)
|
|
Filing 21
Unopposed Motion for Extension of Time to Answer Complaint #1 . Filed by Bank of America, N.A.. (Laurick, James)
|
|
Filing 20
Notice re Order on motion for Temporary Restraining Order, Order on motion for order to show cause #19 Motion to Reconsider Filed by Gary C. Gosha, Kit Gosha. (Related document(s): Order on motion for Temporary Restraining Order, Order on motion for order to show cause #19 .) (Gosha, Gary)
|
|
Filing 19
OPINION & ORDER: Plaintiffs' Emergency Motion for Temporary Restraining Order, ECF #4 , is DENIED. Signed on 2/16/2024 by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 2/16/2024.) (joha)
|
|
Filing 18
MINUTES of Proceedings: Oral argument held. Plaintiffs' Motion for Temporary Restraining Order, ECF #4 , is under advisement. Gary and Kit Gosha present as pro se counsel. Gregor Hensrude present as counsel for defendants Bank of New York Mellon, Community Loan Servicing LLC, and Newrez LLC. Jeffrey A. Myers present as counsel for defendant ZBS Law LLC. James P. Laurick present as counsel for defendant Bank of America, N.A. Court Reporter: Bonita Shumway. Judge Adrienne Nelson presiding. (joha)
|
|
Filing 17
Affidavit of Service of Summons Issued #2 upon Bank Of New York Mellon served on 2/13/2024, answer due on 3/5/2024; Bank of America, N.A. served on 2/9/2024, answer due on 3/1/2024; Community Loan Servicing LLC served on 2/9/2024, answer due on 3/1/2024; Newrez LLC served on 2/9/2024, answer due on 3/1/2024; ZBS Law LLC served on 2/9/2024, answer due on 3/1/2024 Filed by Kit Gosha; Gary C. Gosha. (Gosha, Gary)
|
|
Filing 16
Notice of Lis Pendens by Gary C. Gosha, Kit Gosha Filed by Gary C. Gosha, Kit Gosha. (Gosha, Gary)
|
|
Filing 15
Notice of Appearance of James P. Laurick appearing on behalf of Bank of America, N.A.. Filed by on behalf of Bank of America, N.A.. (Laurick, James)
|
|
Filing 14
Notice of Appearance of Amber L. Labrecque, Jeffrey A. Myers appearing on behalf of ZBS Law LLC. Filed by on behalf of ZBS Law LLC. (Attachments: #1 Certificate of Service) (Labrecque, Amber)
|
|
Filing 13
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #12 . Ordered by Judge Adrienne Nelson. (joha)
|
|
Filing 12
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Erik Ben-Zekry. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9277677. Expedited Hearing requested. Filed by Bank Of New York Mellon, Community Loan Servicing LLC, Newrez LLC. (Ben-Zekry, Erik)
|
|
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Erik Ben-Zekry. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9277677 #12 : Reviewed and Ready for Ruling. (dino)
|
|
Filing 11
Scheduling Order regarding Motion for Temporary Restraining Order #4 . Oral Argument is set for 2/15/2024 at 10:00AM in Portland by videoconference before Judge Adrienne Nelson. Ordered by Judge Adrienne Nelson. (joha)
|
|
Filing 10
ORDER: Granting #6 Application of Gary Gosha for CM/ECF Registration as a Self-Represented Party. Signed on 2/13/2024 by Judge Adrienne Nelson. (joha)
|
|
Filing 9
Response in Opposition to Motion for Temporary Restraining OrderMotion for Order to Show Cause #4 ORAL ARGUMENT requested. Filed by Bank Of New York Mellon, Community Loan Servicing LLC, Newrez LLC. (Attachments: #1 Proposed Order) (Hensrude, Gregor)
|
|
Filing 8
Notice re Motion for Temporary Restraining Order, Motion for Order to Show Cause #4 Filed by Bank Of New York Mellon, Community Loan Servicing LLC, Newrez LLC. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #4 .) (Hensrude, Gregor)
|
|
Filing 7
Notice of Appearance of Gregor Hensrude appearing on behalf of Community Loan Servicing LLC, Bank Of New York Mellon, Newrez LLC. Filed by on behalf of Community Loan Servicing LLC, Bank Of New York Mellon, Newrez LLC. (Hensrude, Gregor)
|
|
Filing 6
Application for CM/ECF Registration as a Self-Represented Party. Filed by Gary Gosha. (dino)
|
|
Filing 3
Notice of Case Assignment to Judge Adrienne Nelson and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/6/2024. Joint Alternate Dispute Resolution Report is due by 7/8/2024. Pretrial Order is due by 7/8/2024. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 2/7/2024.) (gd)
|
|
Filing 5
Declaration of Gary Gosha in Support of Expedited Motion forTemporary Restraining Order and Order to Show Cause. Filed by Gary Gosha. (Related document: Motion for Temporary Restraining Order and Order to Show Cause #4 .) (gd)
|
|
Filing 4
Motion for Temporary Restraining Order and Order to Show Cause. Oral Argument requested. Expedited Hearing requested. Filed by Gary Gosha, Kit Gosha. (gd)
|
|
Filing 2
Summons Issued at Intake as to Bank Of New York Mellon, Bank of America, N.A., Community Loan Servicing LLC, Newrez LLC, ZBS Law LLC. (gd)
|
|
Filing 1
Complaint. Filing fee in the amount of $405 collected. Receipt No. 105786. Jury Trial Requested: Yes. Filed by Kit Gosha, Gary Gosha against All Defendants (Attachments: #1 Civil Cover Sheet). (gd)
|
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 Oregon 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
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.
