Cymbidium Restoration Trust v. American Homeowner Preservation Trust Series AHP Servicing et al
| its Trustee, U.S. Bank Trust N.A., AHP Capital Management, LLC, its Trustee, U.S. Bank Trust National Association, AHP Servicing, LLC, US Bank Trust NA, AHP Capital Management LLC, US Bank Trust National Association and AHP Servicing LLC |
| Cymbidium Restoration Trust |
| American Homeowner Preservation Trust Series AHP Servicing and American Homeowner Preservation Series 2015A+ |
| Jorge Newbery |
| Oak Harbor Capital, LLC, Atlantica, LLC, Land Home Financial Services, Inc., WWR Management, LLC, South Watuppa, LP, Magerick, LLC and Weinstein & Riley, PS |
| 2:2024cv00025 |
| January 5, 2024 |
| US District Court for the Western District of Washington |
| Jamal N Whitehead |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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Filing 38
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: five. (Keller, Bradley)
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Filing 37
ORDER denying #27 Motion for Temporary Restraining Order; denying #29 Motion for Temporary Restraining Order. The Court DENIES both AHP Entities' motions for a temporary restraining order. Signed by Judge Jamal N Whitehead. (KRA)
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Filing 36
MINUTE ORDER denying Defendants' #31 Motion for Leave to File Under Seal. The Court denies the motion without prejudice because the meet and confer requirement has not been satisfied. The Court directs AHP Entities to meet and confer with all parties before refiling the motion. The Court also reminds the parties that failure to respond to a good faith meet-and-confer request may warrant sanctions. Authorized by Judge Jamal N Whitehead. (KRA)
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Filing 35
NOTICE of Appearance by attorney Bradley S Keller on behalf of Third Party Defendants Atlantica, LLC, Land Home Financial Services, Inc., Magerick, LLC, Oak Harbor Capital, LLC, South Watuppa, LP, WWR Management, LLC, Weinstein & Riley, PS. (Keller, Bradley)
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Filing 34
DECLARATION of William S. Weinstein filed by Third Party Defendants Atlantica, LLC, Land Home Financial Services, Inc., Magerick, LLC, Oak Harbor Capital, LLC, South Watuppa, LP, WWR Management, LLC, Weinstein & Riley, PS, Plaintiff Cymbidium Restoration Trust re #29 MOTION for Temporary Restraining Order Against Oak Harbor Capital, LLC, Atlantica, LLC, and Cymbidium Restoration Trust, #27 MOTION for Temporary Restraining Order Against Land Home Financial Services, Inc. (Keller, Bradley)
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Filing 33
RESPONSE, by Third Party Defendants Atlantica, LLC, Land Home Financial Services, Inc., Magerick, LLC, Oak Harbor Capital, LLC, South Watuppa, LP, WWR Management, LLC, Weinstein & Riley, PS, Plaintiff Cymbidium Restoration Trust, to #29 MOTION for Temporary Restraining Order Against Oak Harbor Capital, LLC, Atlantica, LLC, and Cymbidium Restoration Trust, #27 MOTION for Temporary Restraining Order Against Land Home Financial Services, Inc.. (Attachments: #1 Proposed Order)(Keller, Bradley)
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Filing 32
NOTICE of Intent to File Response to Motions for Temporary Restraining Order re #29 MOTION for Temporary Restraining Order Against Oak Harbor Capital, LLC, Atlantica, LLC, and Cymbidium Restoration Trust, #27 MOTION for Temporary Restraining Order Against Land Home Financial Services, Inc. ; filed by Third Party Defendants Atlantica, LLC, Land Home Financial Services, Inc., Magerick, LLC, Oak Harbor Capital, LLC, South Watuppa, LP, WWR Management, LLC, Weinstein & Riley, PS, Plaintiff Cymbidium Restoration Trust. (Keller, Bradley)
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Filing 31
MOTION for Leave to File Under Seal, filed by Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Attachments: #1 Exhibit Ex. A - Certificate of Attorney, #2 Exhibit Group Ex. B - South Carolina actions, #3 Proposed Order Proposed Order) Noting Date 2/20/2024, (Harris, Daniel)
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Filing 30
CERTIFICATE of Brian Benoit re #29 MOTION for Temporary Restraining Order Against Oak Harbor Capital, LLC, Atlantica, LLC, and Cymbidium Restoration Trust by Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing (Harris, Daniel)
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Filing 29
MOTION for Temporary Restraining Order Against Oak Harbor Capital, LLC, Atlantica, LLC, and Cymbidium Restoration Trust, filed by Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Attachments: #1 Exhibit Ex. A - MLSA Placeholder, #2 Exhibit Ex. B - First Amendment to MLSA Placeholder, #3 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #4 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #5 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #6 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #7 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #8 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #9 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #10 Proposed Order Proposed Order) Noting Date 2/20/2024, (Harris, Daniel)
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Filing 28
CERTIFICATE of Brian Benoit re #27 MOTION for Temporary Restraining Order Against Land Home Financial Services, Inc. by Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing (Harris, Daniel)
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Filing 27
MOTION for Temporary Restraining Order Against Land Home Financial Services, Inc., filed by Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Attachments: #1 Exhibit Ex. A - MLSA Placeholder, #2 Exhibit Ex. B - First Amendment to MLSA Placeholder, #3 Exhibit Ex. C - Jorge Newbery Declaration with exhibits, #4 Exhibit Ex. D - Demand Letter to Land Home 11.27.23, #5 Proposed Order Proposed Order) Noting Date 2/20/2024, (Harris, Daniel)
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Filing 26
Plaintiff's ANSWER to #5 Answer to Complaint (Notice of Removal),, Counterclaim, by Cymbidium Restoration Trust.(Keller, Bradley)
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Filing 25
ORDER re #16 Application for Leave to Appear Pro Hac Vice,,. The Court ADMITS Attorney Brian J Benoit for DEFENDANTS AHP Capital Management LLC, AHP Capital Management LLC, AHP Capital Management LLC, AHP Servicing LLC, AHP Servicing LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, American Homeowner Preservation Trust Series AHP Servicing, American Homeowner Preservation Trust Series AHP Servicing, Jorge Newbery and Jorge Newbery, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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Filing 24
PRAECIPE re #23 Reply to Response to Motion to Dismiss by Defendant Jorge Newbery (Attachments: #1 Exhibit Defendant Jorge Newbery's Reply in Support of His Motion to Dismiss Purusant to FRCP 12(b)(2))(Harris, Daniel)
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Filing 23
REPLY, filed by Defendant Jorge Newbery, TO RESPONSE to #6 MOTION to Dismiss Party (Harris, Daniel)
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Filing 22
AFFIDAVIT of Service of Summons and Complaint on South Watuppa, LP on 2/9/2024, filed by Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Filing 21
AFFIDAVIT of Service of Summons and Complaint on Magerick, LLC on 2/9/2024, filed by Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Filing 20
AFFIDAVIT of Service of Summons and Complaint on Land Home Financial Services, Inc. on 2/8/2024, filed by Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Filing 19
AFFIDAVIT of Service of Summons and Complaint on Atlantica, LLC on 2/8/2024, filed by Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Filing 18
AFFIDAVIT of Service of Summons and Complaint on Oak Harbor Capital, LLC on 2/8/2024, filed by Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Filing 17
AFFIDAVIT of Service of Summons and Complaint on Weinstein & Riley, PS on 2/8/2024, filed by Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Application for Leave to Appear Pro Hac Vice,, #16 by attorney Brian J. Benoit will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Monique Guillebeau at 206-370-8433 or #WAWD_Admissions@wawd.uscourts.gov with additional questions. (MG)
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Filing 16
APPLICATION OF ATTORNEY Brian J. Benoit FOR LEAVE TO APPEAR PRO HAC VICE for Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Jorge Newbery, Third Party Plaintiffs AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Jorge Newbery (Fee Paid) Receipt No. AWAWDC-8341906 (Harris, Daniel)
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Filing 15
DECLARATION of William S. Weinstein filed by Plaintiff Cymbidium Restoration Trust, Counter Defendant Cymbidium Restoration Trust re #6 MOTION to Dismiss Party (Keller, Bradley)
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Filing 14
RESPONSE, by Plaintiff Cymbidium Restoration Trust, Counter Defendant Cymbidium Restoration Trust, to #6 MOTION to Dismiss Party . (Attachments: #1 Proposed Order)(Keller, Bradley)
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Filing 13
Summons(es) Electronically Issued as to third-party defendant(s) Atlantica, LLC, Land Home Financial Services, Inc., Magerick, LLC, Oak Harbor Capital, LLC, South Watuppa, LP, WWR Management, LLC, Weinstein & Riley, PS. (KRA)
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Filing 12
THIRD PARTY COMPLAINT against Oak Harbor Capital, LLC, Atlantica, LLC, Land Home Financial Services, Inc., WWR Management, LLC, South Watuppa, LP, Magerick, LLC, Weinstein & Riley, PS filed by AHP Capital Management LLC, American Homeowner Preservation Trust Series AHP Servicing, AHP Servicing LLC, American Homeowner Preservation Series 2015A+. (Attachments: #1 Exhibit A - to be filed under seal, #2 Exhibit B - to be filed under seal, #3 Exhibit C to TPC - 2015+_Oak Harbor LPOA, #4 Exhibit D - AHP Servicing_Oak Harbor LPOA, #5 Exhibit E - LPOA - Atlantica, #6 Exhibit F to TPC Final Alta HUD, #7 Summons Oak Harbor Capital, LLC, #8 Summons Atlantica, LLC, #9 Summons Land Home Financial Services, Inc., #10 Summons WWR Management, LLC, #11 Summons South Watuppa, LP, #12 Summons Magerick, LLC, #13 Summons Weinstein & Riley, PS)(Harris, Daniel)
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Filing 11
VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal,, by Defendants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Jorge Newbery, Counter Claimants AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Series 2015A+, American Homeowner Preservation Trust Series AHP Servicing, Jorge Newbery (Harris, Daniel)
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Filing 10
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by American Homeowner Preservation Trust Series AHP Servicing. (Harris, Daniel)
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Filing 9
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Jorge Newbery, Other Affiliate Echeverria Newbery for AHP Servicing LLC, AHP Servicing LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by AHP Servicing LLC. (Harris, Daniel)
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Filing 8
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Jorge Newbery, Other Affiliate Echeverria Newbery for AHP Capital Management LLC, AHP Capital Management LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by AHP Capital Management LLC. (Harris, Daniel)
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Filing 7
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by American Homeowner Preservation Series 2015A+. (Harris, Daniel)
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Filing 6
MOTION to Dismiss Party , filed by Defendant Jorge Newbery. (Attachments: #1 Proposed Order) Noting Date 2/9/2024, (Harris, Daniel)
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Filing 5
ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal,, , COUNTERCLAIM against plaintiff Cymbidium Restoration Trust by AHP Capital Management LLC, AHP Servicing LLC, American Homeowner Preservation Trust Series AHP Servicing, American Homeowner Preservation Series 2015A+, Jorge Newbery.(Harris, Daniel)
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Filing 4
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Cymbidium Restoration Trust. (Keller, Bradley)
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Filing 3
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT FRCP 26(f) Conference Deadline is 1/30/2024, Initial Disclosure Deadline is 2/13/2024, Joint Status Report due by 2/20/2024. Signed by Judge Jamal N Whitehead. (GC)
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Filing 2
LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE)
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NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff(s) Cymbidium Restoration Trust and Defendant(s) American Homeowner Preservation Trust Series AHP Servicing, AHP Capital Management LLC, American Homeowner Preservation Series 2015A+,and AHP Servicing LLC must file a Corporate Disclosure Statement by 1/16/2024. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (RE)
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Judge Jamal N Whitehead added. (RE)
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Filing 1
NOTICE OF REMOVAL from King County Superior Court, case number 23-2-22911-8-SEA; (Receipt # AWAWDC-8302895) filed by AHP Capital Management, LLC, AHP Servicing, LLC, American Homeowner Preservation Trust Series AHP Servicing, American Homeowner Preservation Series 2015A+, Jorge Newbery. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit Affidavits of Service, #4 Exhibit Oak Harbor Public Information, #5 Exhibit Declaration of Jorge Newbery, #6 Exhibit Declaration of Daniel P. Harris, #7 Exhibit Notice of Removal from State Court)(Harris, Daniel)
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