Wilmington Savings Fund Society, FSB v. Mendez-Cuesta et al
| WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, AS INDENTURE TRUSTEE, FOR THE CSMC 2015-PR1 TRUST, MORTGAGE-BACKED NOTES, SERIES 2015-PR1 and Wilmington Savings Fund Society, FSB |
| JOHN DOE AND RICHARD ROE AS UNKNOWN MEMBERS OF THE ESTATE OF ANDRES ALBERTO ALFONSO MENDEZ, Centro De Recaudaciones De Ingresos Municipales (CRIM), CARMEN ROSARIO-MENDEZ CUESTA, Carmen Rosario Mendez-Cuesta, John Doe and Richard Roe |
| 3:2019cv01167 |
| February 21, 2019 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 22, 2019. A more recent docket listing may be available from PACER.
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| Filing 14 MOTION requesting Order in Accordance with article 959 of the Civil Code of Puerto Rico, 31 L.P.R.A. 2787 (Interpellatio in Jure) filed by Joaquin Miguel Lago-Gonzalez on behalf of Wilmington Savings Fund Society, FSB Responses due by 4/5/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order Proposed Order)(Lago-Gonzalez, Joaquin) |
| Filing 13 AMENDED COMPLAINT against Carmen Rosario Mendez-Cuesta, filed by Wilmington Savings Fund Society, FSB. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Sheet Category Sheet, #3 Summons, #4 Summons)(Lago-Gonzalez, Joaquin) |
| Filing 12 Motion In Compliance with Court Order as to 11 Order on Motion for Extension of Time, 8 Order to Show Cause,, filed by Joaquin Miguel Lago-Gonzalez on behalf of Wilmington Savings Fund Society, FSB Responses due by 4/5/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 11 , 8 ) (Lago-Gonzalez, Joaquin) |
Filing 11
ORDER: Granting #10 "Motion for Extension of Time." Plaintiff shall comply with the Order at Docket No. 8 not later than March 22, 2019. Signed by Judge Pedro A. Delgado-Hernandez on 3/18/2019. (EMJ)
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| Filing 10 MOTION for extension of time until March 22, 2019 to Comply with the Court Order at Docket No. 8 filed by Joaquin Miguel Lago-Gonzalez on behalf of Wilmington Savings Fund Society, FSB Responses due by 3/29/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lago-Gonzalez, Joaquin) |
| Filing 9 Summons Issued as to Centro De Recaudaciones De Ingresos Municipales (CRIM), CARMEN ROSARIO-MENDEZ CUESTA (Attachments: #1 Summons) (arg) |
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Filing 8
ORDER TO SHOW CAUSE: Foreclosures are brought in this district under diversity jurisdiction. Pursuant to Puerto Rico law, an estate does not have juridical personality, and all heirs must be included in suits against an estate. Plaintiff has included in the complaint defendants "John Doe" and "Richard Doe" as unknown members of the State (Docket No. 1, par. 10). The majority view is that John Does destroy diversity jurisdiction because courts cannot ascertain that complete diversity exists. Therefore, plaintiff shall show cause not later than 3/15/2019, as to why the case should not be dismissed for lack of jurisdiction. Signed by Judge Pedro A. Delgado-Hernandez on 2/22/2019.(LMR)
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Filing 7
ORDER: Denying #4 "Motion for Service by Publication and for Order." The motion may be refiled including case law arising out of analogous factual settings in which a similar motion was granted (1) in the U.S. District Court for the District of Puerto Rico; (2) as part of a foreclosure case (as opposed to in a separate case); and (3) in which the Estate was served with process by publication. Plaintiff shall also explain why, as a court of limited jurisdiction, this court has authority to issue orders so that members of the Estate accept or repudiate the Estate. And, if so, whether it should abstain from considering purely domestic matters under the domestic relations exception, leaving that matter to the discretion of state courts in Puerto Rico. Motion due by 3/15/2019. Signed by Judge Pedro A. Delgado-Hernandez on 2/22/2019. (LMR)
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Filing 6
ORDER: Noting #3 "Disclosure." Signed by Judge Pedro A. Delgado-Hernandez on 2/22/2019. (LMR)
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| Filing 5 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) |
| Filing 4 MOTION for Service by Publication and Order in Accordance with Article 959 of the Civil Code of Puerto Rico, 31 L.P.R.A Sec 2787 (Interpellatio in Jure) as to JOHN DOE AND RICHARD ROE AS UNKNOWN MEMBERS OF THE ESTATE OF ANDRES ALBERTO ALFONSO MENDEZ, CARMEN ROSARIO-MENDEZ CUESTA filed by Joaquin Miguel Lago-Gonzalez on behalf of WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, AS INDENTURE TRUSTEE, FOR THE CSMC 2015-PR1 TRUST, MORTGAGE-BACKED NOTES, SERIES 2015-PR1 Responses due by 3/7/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order, #2 Summons, #3 Text of Proposed Order, #4 Text of Proposed Order)(Lago-Gonzalez, Joaquin) |
| Filing 3 MOTION for Disclosure filed by Joaquin Miguel Lago-Gonzalez on behalf of WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, AS INDENTURE TRUSTEE, FOR THE CSMC 2015-PR1 TRUST, MORTGAGE-BACKED NOTES, SERIES 2015-PR1 Responses due by 3/7/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lago-Gonzalez, Joaquin) |
| Filing 2 NOTICE of Filing Exhibits Category Sheet, Civil Cover Sheet re #1 Complaint,, filed by WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, AS INDENTURE TRUSTEE, FOR THE CSMC 2015-PR1 TRUST, MORTGAGE-BACKED NOTES, SERIES 2015-PR1 (Attachments: #1 Civil Cover Sheet) (Lago-Gonzalez, Joaquin) |
| Filing 1 COMPLAINT against Centro De Recaudaciones De Ingresos Municipales (CRIM), JOHN DOE AND RICHARD ROE AS UNKNOWN MEMBERS OF THE ESTATE OF ANDRES ALBERTO ALFONSO MENDEZ, CARMEN ROSARIO-MENDEZ CUESTA ( Filing fee $400 receipt number 0104-6278168.), filed by WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, AS INDENTURE TRUSTEE, FOR THE CSMC 2015-PR1 TRUST, MORTGAGE-BACKED NOTES, SERIES 2015-PR1. Service due by 5/22/2019, (Attachments: #1 Exhibit, #2 Exhibit, #3 Summons, #4 Summons)(Lago-Gonzalez, Joaquin) |
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