Van Leeuwen v. Allied Servicing et al
| Melody Van Leeuwen |
| Allied Servicing and LMC Fund I |
| 2:2021cv00332 |
| June 1, 2021 |
| US District Court for the District of Utah |
| David Barlow |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.
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Filing 14
ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a discovery schedule to defendant(s) in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 07/19/2021. (jl)
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Filing 13
Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Melody Van Leeuwen. (Attachments: #1 Exhibit May 11, 2007 Home Equity Credit Line Agreement and Disclosure Statement, #2 Exhibit May 2007 Deed of Trust, #3 Exhibit May 11, 2007 Addendum to Home EQuity Credit Line Agreement and Disclosure Statement, #4 Exhibit Billing Rights, #5 Exhibit Allonge to IndyMac, #6 Exhibit FDIC Allonge I, #7 Exhibit FDIC Allonge II, #8 Exhibit FDIC Allonge III, #9 Exhibit 2007 HELOC Chain, #10 Exhibit 2007 Assignment DoT, #11 Exhibit 2009 Assignment DoT, #12 Exhibit April 2018 Assignment DoT, #13 Exhibit Sharon Gorby Profile, #14 Exhibit Notice of Default 2020, #15 Exhibit 2021 Notice of Ttee Sale, #16 Exhibit Declaration of M. VanLeeuwen, #17 Exhibit Aspen Letter, #18 Exhibit Declaration of Counsel Pursuant to Fed.R.Civ.P 65(b)(1)(B))(O'Brien, Stephanie)
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 07/06/21. (rep)
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Filing 11
AMENDED COMPLAINT against All Defendants. filed by Melody Van Leeuwen. (Attachments: #1 Exhibit Exhibit A - 2007 HELOC, #2 Exhibit Exhibit B - 2007 HELOC Disclosure Addendum, #3 Exhibit Exhibit C - Billing Rights Rider, #4 Exhibit Exhibit D - 2007 Deed of Trust, #5 Exhibit Exhibit E - Undated 2007 HELOC Allonge, #6 Exhibit Exhibit F - 2007 Assignment of Deed of Trust, #7 Exhibit Exhibit G - Lisa Thao's Professional Work History, #8 Exhibit Exhibit H - 2008 Form 1098, #9 Exhibit Exhibit I - FDIC I Allonge, #10 Exhibit Exhibit J - FDIC II Allonge, #11 Exhibit Exhibit K - 2009 Assignment of Deed of Trust, #12 Exhibit Exhibit L - FDIC III Allonge, #13 Exhibit Exhibit M - April 13, 2018 Deed of Trust Assignment, #14 Exhibit Exhibit N - March 7, 2018 Interest Notice, #15 Exhibit Exhibit O - FCI March 21, 2018 Statement, #16 Exhibit Exhibit P - FCI October 21, 2020 Statement, #17 Exhibit Exhibit Q - Value Recovery Allonge, #18 Exhibit Exhibit R - April 16, 2018 Assignment of Trust Deed, #19 Exhibit Exhibit S - Aspen Allonge, #20 Exhibit Exhibit T - August 2020 Assignment of Trust Deed, #21 Exhibit Exhibit U - Atlas Allonge, #22 Exhibit Exhibit V - September 2020 Assignment of Trust Deed, #23 Exhibit Exhibit W - October 21, 2020 Servicing Transfer, #24 Exhibit Exhibit X - November 2020 Allied Default Letter, #25 Exhibit Exhibit Y - November 15, 2020 Allied Reinstatement Quote, #26 Exhibit Exhibit Z - November 17, 2020 Letter, #27 Exhibit Exhibit AA - December 8, 2020 RESPA Request, #28 Exhibit Exhibit BB - December 23, 2020 Reply, #29 Exhibit Exhibit CC - 2020 Original Lender Allonge, #30 Exhibit Exhibit DD - December 29, 2020 Notice of Default, #31 Exhibit Exhibit EE - April 28, 2021 Notice of Trustee's Sale, #32 Exhibit Exhibit FF - Katrina Fisher's Professional Work History, #33 Exhibit Exhibit GG - June 8, 2018 Aspen Letter, #34 Exhibit Exhibit HH - March 19, 2019 FDIC Press Release, #35 Exhibit Exhibit II - September 21, 2020 Statement, #36 Exhibit Exhibit JJ - FCI Loan Master Report, #37 Exhibit Exhibit KK - Falsified Notice of Servicing Transfer, #38 Exhibit Exhibit LL - November 17, 2020 Allied Letter) (O'Brien, Stephanie)
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Filing 10
NOTICE of K. Van Leeuwen Bankruptcy Filing by Allied Servicing (Skinner, Joseph)
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Filing 9
MEMORANDUM DECISION and orderdenying #4 Motion for TRO and Preliminary Injunction Against Defendant LMC Fund I. Signed by Judge David Barlow on 06/08/2021. (jl)
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Filing 8
Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 6/8/2021 re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support Preliminary Injunction Against Defendant LMC Fund I, LLC filed by Melody Van Leeuwen. Counsel for both parties were present. Discussion and argument heard. For the reasons stated on the record, the court DENIED the motion. Attorney for Plaintiff: Stephanie O'Brien, Attorney for Defendant: Marlon Bates. Court Reporter: Laura Robinson.(tcs)
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Filing 7
NOTICE of Compliance with Directives of the Court by Melody Van Leeuwen re 6 Notice of Hearing on Motion,,, (O'Brien, Stephanie)
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Filing 6
NOTICE OF ZOOM HEARING ON MOTION re: #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support Preliminary Injunction Against Defendant LMC Fund I, LLC: Zoom Motion Hearing set for 6/8/2021 at 10:00 AM before Judge David Barlow.Plaintiff filed an ex parte motion for a temporary restraining order on June 3, 2021 seeking to prevent the sale of her property on June 8, 2021 at 1:00 PM. The primary purposes of the hearing are to permit Defendant to be heard and for the court to ask questions. Plaintiff is ordered to immediately notify Defendant by email and phone of this hearing, email a copy of her Motion for Ex Parte Temporary Restraining Order and the Zoom invite to Defendant, and then to file a notice indicating that those steps have been taken. Defendant is given leave to file a response today by 7 PM. (tcs)
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Filing 5
ACKNOWLEDGMENT OF SERVICE Executed as to #2 Complaint,,,,,,, #3 Complaint Acknowledgment filed by Melody Van Leeuwen. All Defendants. Answer due date is 6/25/2021. (Attachments: #1 Exhibit Acceptance of Service of the Complaint for Defendant LMC Fund I LLC)(O'Brien, Stephanie) Modified by adding answer due date to docket text on 6/7/2021 (jl).
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Filing 4
Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support Preliminary Injunction Against Defendant LMC Fund I, LLC filed by Plaintiff Melody Van Leeuwen. (Attachments: #1 Exhibit Home Equity Credit Line Agreement & Disclosure Statement, #2 Exhibit 2007 Deed of Trust, #3 Exhibit Addendum to Home Equity Credit Line Agreement & Disclosure Statement, #4 Exhibit Billing Rights, #5 Exhibit Declaration of Melody Van Leeuwen, #6 Exhibit 2009 Assignment of Deed of Trust, #7 Exhibit 2007 Assignment of Deed of Trust, #8 Exhibit Notice of Default, #9 Exhibit Notice of Trustee's Sale, #10 Exhibit 2018 Letter Aspen Properties Group, #11 Exhibit Declaration of Counsel Pursuant to Fed R. Civ. P. 65(b)(1)(B), #12 Text of Proposed Order Temporary Restraining Order Issued Pursuant to Fed.R.Civ.P.65(b)(1))(O'Brien, Stephanie)
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Filing 3
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4019733) filed by Melody Van Leeuwen. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Barlow (O'Brien, Stephanie)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4019733) filed by Melody Van Leeuwen. (Attachments: #1 Exhibit HELOC Agreement & Discl, #2 Exhibit Disclosure Addendum, #3 Exhibit Billing Rights Rider, #4 Exhibit 2007 Deed of Trust, #5 Exhibit 2007 HELOC AllongMortgageIt, #6 Exhibit 2007 Assignment of Deed of Trust, #7 Exhibit Lisa Thao's Profiled History, #8 Exhibit 2008 Form 1098, #9 Exhibit FDIC 1 Allonge, #10 Exhibit FDIC II Allonge, #11 Exhibit 2009 Assignment of Deed of Trust, #12 Exhibit FDIC III Allonge, #13 Exhibit Apr 13 2018 Assignment of Deed of Trust, #14 Exhibit March 7, 2018 Interest Notice, #15 Exhibit FCI March 21, 2018 Statement, #16 Exhibit FCI 10.21.2021 Monthly Statement, #17 Exhibit Value Recovery Allonge, #18 Exhibit April 16, 2018 Assignment of Trust Deed, #19 Exhibit Aspen Allonge, #20 Exhibit Corp Assignment of Deed of Trust, #21 Exhibit Atlas Allonge, #22 Exhibit Sept 2020 Assignment of Deed of Trust, #23 Exhibit Oct 21, 2020 Notice of Servicing Transfer, #24 Exhibit Nov. 2020 Allied Serving Default Letter, #25 Exhibit Nov. 15 2020Allied Reinstatement Quote, #26 Exhibit Bates Nov. 17 Letter, #27 Exhibit Dec. 8, 2020 RESPA Request, #28 Exhibit Bates Dec. 23, 2020 Reply, #29 Exhibit 202 Original Allonge, #30 Exhibit 2020 Notice of Default, #31 Exhibit Apr.28 2021 Notice of Trustee's Sale, #32 Exhibit Katrina Fisher's Professional Profile, #33 Exhibit June 8, 2018 Aspen Letter, #34 Exhibit March 19, 2019 FDIC Press Release, #35 Exhibit Sept. 21, 2020 Statement, #36 Exhibit FCI Loan Master Report, #37 Exhibit 2.20.2020 Falsified Notice of Servicing Transfer, #38 Exhibit Nov. 17, 2020 Allied Letter) Assigned to Judge David Barlow (O'Brien, Stephanie)
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Filing 1
Case has been indexed and assigned to Judge David Barlow. Plaintiff Melody Van Leeuwen is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh)
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