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15-015 - Fields v. Nationstar Mortgage et al


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15-015 - Fields v. Nationstar Mortgage et al
August 31, 2015
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CHARTER CAPITAL CORPORATIONS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR PARTIAL DISMISSAL OF COMPLAINT re 24 Motion for Summary Judgment. Signed by JUDGE LESLIE E. KOBAYASHI on 08/31/2015. Charter Capital's Motion for Summary Judgment or, in the Alternative, for Partial Dismissal of Complaint, filed June 19, 2015, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is DENIED as to Charter Capital's request for summary judgment as to Fields's claims based on the allegation that Charter Capital fabricated the Transfer Notices. The Motion is GRANTED as to: Charter Capital's request for summary judgment as to all of Fields's other claims against it; and Charter Capital's request to dismiss the portions of Counts III, IV, V, and VI based on the allegation that Charter Capital fabricated the Transfer Notices. The dismissal of those claims is WITHOUT PREJUDICE. If Fields chooses to file an amended complaint, she must do by September 30, 2015, and the amended complaint must comply with the terms of this Order. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 6, 2015
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ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CHARTER CAPITAL CORPORATIONS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR PARTIAL DISMISSAL OF COMPLAINT re 59 Motion for Reconsideration. Signed by JUDGE LESLIE E. KOBAYASHI on 10/06/2015. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on October 7, 2015
November 30, 2015
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ORDER DENYING PLAINTIFF'S 77 MOTION FOR RECONSIDERATION. Signed by JUDGE LESLIE E. KOBAYASHI on 11/30/2015. ~ Fields's motion for reconsideration of this Court's August 31, 2015 Order Granting in Part and Denying in Part Defendant Charter Capital Corporation's Motion for Summary Judgment or, in the Alternative, for Partial Dismissal of Complaint is HEREBY DENIED. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 28, 2016
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ORDER GRANTING IN PART AND DENYING IN PART MERS DEFENDANTS' MOTION TO DISMISS [ECF NO. 83] PLAINTIFFS FIRST AMENDED COMPLAINT FOR FRAUD & MISREPRESENTATION, FILED SEPTEMBER 28, 2015 re 157 Motion to Dismiss. Signed by JUDGE LESLIE E. KOBAYASHI on 07/28/2016. -- The MERS Defendants' Motion is GRANTED insofar as:1) Plaintiff's fraud and misrepresentation claims against the MERS Defendants are DISMISSED; and 2) the portions of Plaintiff's claims based on the MERS Defendants' participation in the securitization of Plaintiff's loan and the MERS Defendants' role in the Nationstar Assignment are DISMISSED WITH PREJUDICE. The Motion is DENIED insofar as all other portions of Plaintiff'sfraud and misrepresentation claims against the MERS Defendants are DISMISSED WITHOUT PREJUDICE.This Court ORDERS Plaintiff to file her motion for leave to file a second amended complaint by August 31, 2016. The motion will be referred to the magistrate judge. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date on July 29, 2016
September 7, 2016
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ORDER DENYING PLAINTIFF'S MOTION AND DECLARATION TO WITHDRAW PLAINTIFF'S VOLUNTARY DISMISSAL WITHOUT PREJUDICE AND VACATE ORDER DISMISSING LEHMAN BROTHERS FSB AND LEHMAN BROTHERS HOLDINGS INC. re184 Signed by JUDGE LESLIE E. KOBAYASHI on 09/07/2016. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on September 8, 2016
December 30, 2016
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(1) ORDER DENYING 204 MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT; AND (2) FINDINGS AND RECOMMENDATION TO DENY 181 PLAINTIFF'S MOTION FOR LEAVE OF COURT TO FILE A THIRD AMENDED COMPLAINT AND REQUEST FOR JUDICIAL NOTICE OF THE COURT'S OWN RECORD. Signed by U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/30/2016. (afc) ORDER follows hearing held 10/20/2016. Minutes: doc no. 206 CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on January 3, 2017.
January 18, 2017
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ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 220 (1) Order Denying 204 Motion for Leave to File Third Amended Complaint; and (2) Findings and Recommendation to Deny 181 Plaintiff's Motion for Leave of Court to File a Third Amended Complaint and Request for Judicial Notice of the Court's Own Record.. Signed by JUDGE LESLIE E. KOBAYASHI on 01/18/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on January 19, 2017
January 19, 2017
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ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS. re 208 Order and Findings And Recommendation To Deny Plaintiff's Motion For Default Judgment Signed by JUDGE LESLIE E. KOBAYASHI on 01/19/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry
January 19, 2017
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ORDER DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND MERSCORP HOLDINGS, INC. WITH PREJUDICE; AND ORDER DIRECTING DEFENDANT CITIBANK N.A. TO RESPOND TO THE AMENDED COMPLAINT. The claims against the MERS Defendants in Plaintiff's Amended Complaint, which this Court previously dismissed without prejudice, are HEREBY DISMISSED WITH PREJUDICE. This Court DIRECTS the Clerk's Office to terminate the MERS Defendants as parties.This Court therefore ORDERS Citibank to file either an answer to the Amended Complaint or a Rule 12 motion by February 9, 2017 MERSCORP Holdings, Inc. and Mortgage Electronic Registration Systems terminated. Signed by JUDGE LESLIE E. KOBAYASHI on 01/19/2017. (Citibank N.A. answer due 2/9/2017.)(Rule 12 Motion filed by 2/9/2017.) (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on January 20, 2017