| Court: | hid |
| Docket #: | 1:10-cv-00505 |
| Case Name: | Gorospe et al v. New Century Mortgage Corporation et al |
| PACER case #: | 92363 |
| Date filed: | 2010-09-01 |
| Date terminated: | 2011-09-30 |
| Assigned to: | JUDGE J. MICHAEL SEABRIGHT |
| Referred to: | JUDGE KEVIN S.C. CHANG |
| Case Cause: | 15:1601 Truth in Lending |
| Nature of Suit: | 220 Real Property: Foreclosure |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Mauro C. Gorospe Plaintiff |
James H. Fosbinder |
| Carolina Gorospe Plaintiff bumat8@yahoo.com |
Carolina Gorospe James H. Fosbinder Rhonda M. Fosbinder |
| New Century Mortgage Corporation Defendant a California corporation |
|
| Old Republic Title & Escrow of Hawaii Defendant a Business Entity, form unknown TERMINATED: 11/10/2010 |
Jade L. Ching Shellie K. Park-Hoapili |
| Maui Mortgage Express Defendant a Business Entity, form unknown |
|
| DOES 1-100 Defendant inclusive |
|
| Deutsche Bank National Trust Company Defendant as Trustee under Pooling and Servicing Agreement dated July 1, 2004, Morgan Stanley ABS Capital I Inc., Trust 2004-HE5 Mortgage Pass-Through Certificates Series 2004-HE5 |
Karyn A. Doi Robert J. Martin Paul Alston |
| Barclay Capital Real Estate, Inc. Defendant doing business asHomEq Servicing |
|
| Does 1-20 Defendant inclusive |
|
| Mauro C. Gorospe Plaintiff bumat8@yahoo.com Alternate phone number for 60 Wilikona Place address: (808) 385-7649 (doc 58) |
Mauro C. Gorospe James H. Fosbinder Rhonda M. Fosbinder |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-09-01 | 1 | 0 | COMPLAINT For: 1) Declaratory Relief; 2) Injunctive Relief; 3) Contractual Breach of Good Faith Fair Dealing; 4) Violations of TILA; 5) Violations of RESPA; 6) Recission; 7) Unfair and Deceptive Acts and Practices (UDAP); 8) Breach of Fiduciary Duty; 9) Unconscionability; 10) Predatory Lending; 11) Quiet Title, filed by Mauro C. Gorospe, Carolina Gorospe. (Attachments: # 1 Demand For Jury Trial, # 2 Summons (issued), # 3 Power of Attorney, # 4 Exhibit, # 5 Certificate of Service)(eps ) (Entered: 09/02/2010) | |||
| 2010-09-01 | 2 | 0 | Filing fee: $ 350.00,receipt number 252639 re 1 (eps ) (Entered: 09/02/2010) | |||
| 2010-09-01 | 3 | 0 | Order Setting Rule 16 Scheduling Conference for 09:00AM on 11/29/2010 before JUDGE KEVIN S.C. CHANG.. by JUDGE SUSAN OKI MOLLWAY on 9/1/10. (Attachments: # 1 Memo re: Corporate Disclosure Statement)(eps ) (Entered: 09/02/2010) | |||
| 2010-09-01 | 4 | 0 | NOTICE of Lis Pendens by Carolina Gorospe, Mauro C. Gorospe (eps ) (Entered: 09/02/2010) | |||
| 2010-09-02 | 5 | 0 | ORDER OF RECUSAL. JUDGE ALAN C KAY recused. Case reassigned to JUDGE DAVID ALAN EZRA for all further proceedings. Please reflect the following Civil Case Number: CIV NO. 10-00505 DAE-KSC on all further pleadings. . Signed by JUDGE ALAN C KAY on 9/2/10. (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 will be served by first class mail on 09/03/2010 . (Entered: 09/02/2010) | |||
| 2010-09-14 | 6 | 0 | EO: Triage Status Conference set for 10/20/2010 11:00 AM before JUDGE KEVIN S.C. CHANG. Triage Order to be issued. (JUDGE KEVIN S.C. CHANG)(sna, )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 (Entered: 09/14/2010) | |||
| 2010-09-20 | 7 | 0 | ORDER Setting Triage Conference. Signed by JUDGE KEVIN S.C. CHANG on 9/20/2010. Set for October 20, 2010 at 11:00 a.m. before Magistrate Judge Kevin S.C. Chang.(gab, )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 (Entered: 09/20/2010) | |||
| 2010-10-04 | 8 | 0 | Defendant Old Republic Title & Escrow of Hawaii, Ltd.'s ANSWER to 1 Complaint, Filed September 1, 2010; Certificate of Service by Old Republic Title & Escrow of Hawaii. (Attachments: # 1 Certificate of Service)(Park-Hoapili, Shellie) (Entered: 10/04/2010) | |||
| 2010-10-05 | 9 | 0 | EO: Triage Status Conference set 10/20/10 shall be continued to 10/22/2010 02:00 PM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )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 (Entered: 10/05/2010) | |||
| 2010-10-21 | 10 | 0 | EO: re 9 Triage Status Conference set 10/22/10 at 2:00pm before Judge Chang. James Fosbinder has been retained by plaintiffs. Mr. Fosbinder to participate by phone. Virginia from Mr. Fosbinder's office to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/21/2010) | |||
| 2010-10-22 | 11 | 0 | EP: Triage Status Conference held on 10/22/2010. Further Triage Status Conference set 11/12/10 at 9:00am before Judge Chang. Mr. Fosbinder may participate by phone. (C5 - no record, 2:10-2:15pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/22/2010) | |||
| 2010-11-10 | 12 | 0 | STIPULATION FOR DISMISSAL WITH PREJUDICE OF DEFENDANT OLD REPUBLIC TITLE & ESCROW OF HAWAII, LTD. AS TO ALL CLAIMS SET FORTH IN THE COMPLAINT, FILED SEPTEMBER 1, 2010 and ORDER. Signed by JUDGE DAVID ALAN EZRA on 11/10/2010. Defendant Old Republic Title & Escrow of Hawaii terminated. (afc) 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 (Entered: 11/10/2010) | |||
| 2010-11-12 | 13 | 0 | EP: Further Triage Status Conference held on 11/12/2010. Mr. Fosbinder advised the court that he intends to file an Amended Complaint within one week. Mr. Fosbinder to also confirm service of defendants New Century Mortgage and Maui Mortgage. Further Triage Status Conference, by phone, set 12/3/10 at 10:30am before Judge Chang( C5 - no record, 9:00-9:05m.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 11/12/2010) | |||
| 2010-11-12 | 14 | 0 | EO: Rule 16 Scheduling Conference set 11/29/10 shall be moved to 10:30AM on 12/3/2010 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )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 (Entered: 11/12/2010) | |||
| 2010-12-02 | 15 | 0 | EO: At counsel's request, Rule 16 Scheduling Conference set 12/3/10 shall be continued to 9:00AM on 2/4/2011 before JUDGE KEVIN S.C. CHANG. Mr. Fosbinder may participate by phone. Richelle from Mr. Fosbinder's office to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 12/02/2010) | |||
| 2010-12-03 | 16 | 0 | EP: Further Triage Status Conference held on 12/3/2010. Discussion held. Further Triage Status Conference, by phone, set 1/10/11 at 10:00am before Judge Chang.( C5 - no record, 10:30-10:35am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 12/03/2010) | |||
| 2011-01-07 | 17 | 0 | EO: At counsel's request, Further Triage Conference set 1/10/11 shall be continued to 2/4/2011 09:00 AM before JUDGE KEVIN S.C. CHANG. Richelle Thomson from Mr. Fosbinder's office to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 01/07/2011) | |||
| 2011-01-11 | 18 | 0 | MOTION for Extension of Time to Amend & Aff'd of James Fosbinder James H. Fosbinder appearing for Plaintiffs Carolina Gorospe, Mauro C. Gorospe (Fosbinder, James) (Additional attachment(s) added on 1/12/2011: # 1 Main Document ROTATED version) (bbb, ). (Entered: 01/11/2011) | |||
| 2011-01-11 | 19 | 0 | NOTICE of Hearing on Motion 18 Plaintiffs' Ex Parte Motion for Leave to File First Amended Complaint and for Summons to Issue set for 2/16/2011 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )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. (Entered: 01/11/2011) | |||
| 2011-01-12 | 20 | 0 | EO: re 19 Plaintiffs' Ex Parte Motion for Leave to File First Amended Complaint and for Summons to Issue 18 set for hearing on 2/16/11 at 9:30am before Judge Chang. James Fosbinder to participate by phone. Debra from Mr. Fosbinder's office to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 01/12/2011) | |||
| 2011-01-14 | 21 | 0 | Scheduling Conference Statement. (Fosbinder, James) (Entered: 01/14/2011) | |||
| 2011-01-28 | 22 | 0 | Scheduling Conference Statement. [Plaintiffs' AMENDED Rule 16 Scheduling Conference Statement] re: 21 (Fosbinder, James) Docket text modified on 1/29/2011 (afc). (Entered: 01/28/2011) | |||
| 2011-01-31 | 23 | 0 | EO: re 18 On January 11, 2011, Plaintiffs filed an Ex Parte Motion for Leave to File First Amended Complaint and for Summons to Issue. Although Plaintiffs appear to seek leave to amend, they improperly cite Federal Rule of Civil Procedure 4(m). If Plaintiffs in fact seek amendment of the Complaint, the Motion is governed by Federal Rule of Civil Procedure 15(a), and they must comply with Local Rule 10.3, which provides that [a]ny party filing or moving to file an amended complaint... shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference, except with leave of court. Local Rule 10.3. The purpose of Local Rule 10.3 is to allow the Court to assess the propriety of amendment. Without reviewing a copy of Plaintiffs' proposed First Amended Complaint, the Court is unable to determine whether the proposed amendments are appropriate. Accordingly, Plaintiffs must submit a copy of the proposed First Amended Complaint, by no later than 4 p.m. on 2/4/11. Failure to do so will result in the denial without prejudice of the Ex Parte Motion. (JUDGE KEVIN S.C. CHANG)(sna, )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 (Entered: 01/31/2011) | |||
| 2011-02-02 | 24 | 0 | EO: 18 At Plaintiff's request, the time for Plaintiffs' Ex Parte Motion for Leave to File First Amended Complaint and for Summons to Issue 18 set for 9:30am on 2/16/11 shall be moved to 2:00 PM on 2/16/2011 before JUDGE KEVIN S.C. CHANG. James Fosbinder to participate by phone and notify all parties.(JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/02/2011) | |||
| 2011-02-04 | 25 | 0 | EP: Further Triage Status Conference held on 2/4/2011, Rule 16 Scheduling Conference not held on 2/4/2011. Discussion held. Mr. Fosbinder to follow up regarding service of defendants. Further Triage Conference and Rule 16 Scheduling Conference shall be continued to 2/16/11 at 2:00pm before Judge Chang. (C5 - no record, 9:25-9:28am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/04/2011) | |||
| 2011-02-04 | 26 | 0 | ***Document stricken pursuant to Minute Order, docket entry no. (28)*** AMENDED COMPLAINT against New Century Mortgage Corporation, Deutsche Bank National Trust Company; Barclay Capital Real Estate, Inc.; Does 1-20 - filed by Mauro C. Gorospe, Carolina Gorospe. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fosbinder, James) Modified on 2/7/2011 (afc). (Entered: 02/04/2011) | |||
| 2011-02-07 | 27 | 0 | ***First Amended Complaint stricken pursuant to Minute Order, docket entry no (28)*** Summons re: 26 Amended Complaint Issued as to New Century Mortgage Corporation; Deutsche Bank National Trust Company; and Barclay Capital Real Estate, Inc. (afc) Modified on 2/7/2011 (afc). (Entered: 02/07/2011) | |||
| 2011-02-07 | 28 | 0 | EO: re 26 On February 4, 2011, Plaintiffs filed a First Amended Complaint. Doc. No. 26. Said First Amended Complaint is HEREBY STRICKEN. Although the Court directed Plaintiffs to submit a copy of their proposed First Amended Complaint, see Doc. No. 23, the Court did not authorize the filing of the same. Because Plaintiffs have yet to obtain leave to file an amended pleading, they should not have filed their First Amended Complaint. Plaintiffs are directed to submit a copy of Doc. No. 26 to Judge Kevin S.C. Chang for review by February 9, 2011. (JUDGE KEVIN S.C. CHANG)(sna, )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 (Entered: 02/07/2011) | |||
| 2011-02-16 | 29 | 0 | EP: granting 18 Plaintiffs' Ex Parte Motion for Leave to File First Amended Complaint and for Summons to Issue held on 2/16/2011. Motion granted. Mr. Fosbinder to file the First Amended Complaint by 2/23/11 and serve the Amended Complaint within 30 days after filing of the Amended Complaint. Mr. Fosbinder to prepare the Order. The Court will issue an Order which refers Plaintiffs to Hale Mahaolu for assistance in the preparation and submission of a complete application for loan modification. Further Triage Conference and Rule 16 Scheduling Conference shall be continued to 3/17/11 at 10:00am before Judge Chang. ( FTR C5 - 1:58-2:00pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/16/2011) | |||
| 2011-02-16 | 30 | 0 | ORDER REFERRING PLAINTIFF TO HALE MAHAOLU. Signed by JUDGE KEVIN S.C. CHANG on 2/16/2011. (afc)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). All Participants are registered to receive electronic notifications. A copy of the order will be served on June 17, 2011 addressed to Hale Mahaolu. (Entered: 02/16/2011) | |||
| 2011-02-22 | 31 | 0 | AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Mauro C. Gorospe, Carolina Gorospe.(Fosbinder, James) (Clerk's Advisory Notice entered 2/22/2011: Document re-imaged without the document header and re-attached on 2/22/2011: FIRST AMENDED COMPLAINT; # 1 FIRST AMENDED COMPLAINT with Demand for Jury Trial, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons) NEF regenerated (afc) (Entered: 02/22/2011) | |||
| 2011-02-22 | 32 | 0 | Summons re: First Amended Complaint Issued as to New Century Mortgage Corporation, Deutsche Bank National Trust Company, Barclay Capital Real Estate, Inc., Does 1-20. (afc) (Entered: 02/22/2011) | |||
| 2011-03-17 | 34 | 0 | EP: Further Triage Conference held on 3/17/2011, Rule 16 Scheduling Conference held on 3/17/2011. Mr. Fosbinder advised the Court that his clients went to Hale Mahaolu but are not sure if Hale Mahaolu can work on this because this is an investment property. Discussion held regarding service of Amended Complaint.Rule 16 Scheduling Conference continued to 4/19/11 at 9:00am before Judge Chang. Mr. Fosbinder may participate by phone. ( C5 - no record, 10:10-10:15am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 03/17/2011) | |||
| 2011-04-19 | 35 | 0 | EP: Rule 16 Scheduling Conference held on 4/19/2011. Mr. Fosbinder informed the Court that all defendants have been served and the Proofs of Service will be filed. Rule 16 Scheduling Conference continued to 5/19/11 at 9:00am before Judge Chang. Mr. Fosbinder may participate by phone. (C5 - no record, 9:10-9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, )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 (Entered: 04/19/2011) | |||
| 2011-04-21 | 36 | 0 | NOTICE by Carolina Gorospe, Mauro C. Gorospe of Filing Proof of Service Carolina Gorospe, Mauro C. Gorospe. (Attachments: # 1 Proof of Service [Notices: Notice of a Lawsuit and Request to Waive Service of a Summons], # 2 Certificate of Service)(Fosbinder, James) Modified on 4/22/2011 (afc) (Entered: 04/21/2011) | |||
| 2011-04-28 | 37 | 0 | MOTION to Dismiss [DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5'S MOTION TO DISMISS TO FIRST AMENDED COMPLAINT] Robert J. Martin appearing for Defendant Deutsche Bank National Trust Company (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Martin, Robert) (Entered: 04/28/2011) | |||
| 2011-04-28 | 38 | 0 | Corporate Disclosure Statement by Deutsche Bank National Trust Company. (Attachments: # 1 Certificate of Service)(Martin, Robert) (Entered: 04/28/2011) | |||
| 2011-04-29 | 39 | 0 | NOTICE of Hearing on Motion 37 MOTION to Dismiss [DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5'S MOTION TO DISMISS TO FIRST AMENDED COMPLAINT] MOTION to Dismiss [DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5'S MOTION TO DISMISS TO FIRST AMENDED COMPLAINT]. Motion Hearing set for 8/22/2011 09:00 AM before JUDGE DAVID ALAN EZRA. Opposition due 7/5/2011. Reply due 7/12/2011.(tl, )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. (Entered: 04/29/2011) | |||
| 2011-05-12 | 40 | 0 | Scheduling Conference Statement [Defendant Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of July 1, 2004 Morgan Stanley ABS Capital I Inc. Trust 2004-HE5's Scheduling Conference Statement]. (Attachments: # 1 Certificate of Service)(Martin, Robert) (Entered: 05/12/2011) | |||
| 2011-05-19 | 41 | 0 | EP: Rule 16 Scheduling Conference held on 5/19/2011. Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 3/13/2012 before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 1/31/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 11/21/2011 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 10/12/2011. Discovery due by 1/13/2012. (C5 - no record, 9:00-9:05am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 05/19/2011) | |||
| 2011-05-19 | 42 | 0 | RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 5/19/2011. (afc) 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 (Entered: 05/19/2011) | |||
| 2011-05-25 | 43 | 0 | INITIAL DISCLOSURE by Deutsche Bank National Trust Company. (Attachments: # 1 Certificate of Service)(Martin, Robert) (Entered: 05/25/2011) | |||
| 2011-06-15 | 44 | 0 | MEMORANDUM in Opposition PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICE AGREEMENT DATED JULY 1, 2004, MORGAN STANLEY ABS CAPITAL I INC., TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-HE5S 37 MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed by Carolina Gorospe, Mauro C. Gorospe. (Attachments: # 1 Certificate of Service)(Fosbinder, James) Modified on 6/16/2011 - inserting link to motion (bbb, ). (Entered: 06/15/2011) | 2015-07-28 05:14:58 | 97435ba799d8df2ad59dca37b3c208c064df07d9 | |
| 44 | 1 | Certificate of Service | ||||
| 2011-07-12 | 45 | 0 | REPLY re 37 MOTION to Dismiss [DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5'S MOTION TO DISMISS TO FIRST AMENDED COMPLAINT] MOTION to Dismiss [DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 2004 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE5'S MOTION TO DISMISS TO FIRST AMENDED COMPLAINT] filed by Deutsche Bank National Trust Company. (Attachments: # 1 Certificate of Service)(Martin, Robert) (Entered: 07/12/2011) | |||
| 45 | 1 | Certificate of Service | ||||
| 2011-08-22 | 46 | 0 | EP: Motion Hearing held on 8/22/2011 re 37 MOTION to Dismiss. Mr. Fosbinder participated by phone.Oral arguments heard. 37 MOTION to Dismiss- TAKEN UNDER ADVISEMENT.Court to issue order. (Court Reporter Debra Chun.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 08/22/2011) | |||
| 2011-08-23 | 47 | 0 | ORDER: (1) GRANTING DEUTSCHE BANK'S MOTION TO DISMISS; (2) DISMISSING COMPLAINT WITHOUT PREJUDICE AS AGAINST ALL DEFENDANTS; AND (3) GRANTING PLAINTIFFS LEAVE TO AMEND 37 . Excerpt of Order: ~ "[T]he First Amended Complaint is DISMISSED WITHOUT PREJUDICE as against all Defendants in this action with leave to amend no later than 30 days from the filing of this Order." (footnote omitted) ~ Signed by JUDGE DAVID ALAN EZRA on 8/23/2011. [Order follows hearing held 8/22/2011 on Motion to Dismiss. Minutes of hearing: doc. no. 46 ] (afc)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). All participants are registered to receive electronic notifications (Entered: 08/23/2011) | |||
| 2011-09-22 | 48 | 0 | NOTICE of Dismissal (Without Prejudice) Carolina Gorospe, Mauro C. Gorospe. (Attachments: # 1 Certificate of Service)(Fosbinder, James) (Entered: 09/22/2011) | |||
| 2011-09-30 | 49 | 0 | CLERK'S JUDGMENT IN A CIVIL CASE. (afc) 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). All participants are registered to receive electronic notifications. (Entered: 09/30/2011) | |||
| 2014-12-08 | 50 | 0 | MOTION to Dismiss Plaintiffs First Amended Complaint with Prejudice and to Expunge Notice of Lis Pendens Karyn A. Doi appearing for Defendant Deutsche Bank National Trust Company (Attachments: # 1 Memorandum In Support, # 2 Declaration of Counsel, # 3 Exhibit 1-3, # 4 Certificate of Service)(Doi, Karyn) (Entered: 12/08/2014) | |||
| 2014-12-09 | 51 | 0 | NOTICE of Case Reassignment: Please reflect Civil Case Number CIV NO. 10-00505 JMS-KSC on all further filings. (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. (Entered: 12/09/2014) | |||
| 2014-12-10 | 52 | 0 | EO: Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint with Prejudice and to Expunge Notice of Lis Pendens, Doc. No. 50 , is due by December 30, 2014, and an optional Reply is due by January 6, 2015. After reviewing the briefs, the court will determine whether a hearing is necessary. (JUDGE J. MICHAEL SEABRIGHT)(tl, )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 (Entered: 12/10/2014) | |||
| 2014-12-17 | 53 | 0 | EX PARTE Motion to shorten time for hearing on Motion for Leave to Withdraw as Counsel of Record for Plaintiffs; Declaration of Rhonda m. Fosbinder; Certificate of Service - Rhonda M. Fosbinder appearing for Plaintiffs Carolina Gorospe, Mauro C. Gorospe (Fosbinder, Rhonda) Docket text modified on 12/18/2014 (afc). (Entered: 12/17/2014) | |||
| 2014-12-17 | 54 | 0 | MOTION to Withdraw as Attorney for Gorospe with Ex Parte Motion to Shorten Time (filed separately); Memorandum in Support of Motion; Declaration of Rhonda M. Fosbinder; Certificate of Service - Rhonda M. Fosbinder appearing for Plaintiffs Carolina Gorospe, Mauro C. Gorospe (Attachments: # 1 Appendix)(Fosbinder, Rhonda) Docket text modified on 12/18/2014 (afc). (Entered: 12/17/2014) | |||
| 2014-12-17 | 55 | 0 | NOTICE of Hearing on Motion 54 : Ex Parte Motion to Shorten Time 53 granted. Motion for Leave to Withdraw as Counsel of Record for Plaintiffs Mauro C. Gorospe and Carolina Gorospe set for 12/24/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. Opposition due noon on 12/22/14. No reply needed. (sna, )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. (Entered: 12/17/2014) | |||
| 2014-12-22 | 56 | 0 | EO: re 55 Motion for Leave to Withdraw as Counsel of Record for Plaintiffs Mauro C. Gorospe and Carolina Gorospe set for 12/24/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. Rhonda M. Fosbinder to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 12/22/2014) | |||
| 2014-12-24 | 57 | 0 | EP: granting 54 Motion for Leave to Withdraw as Counsel of Record for Plaintiffs Mauro C. Gorospe and Carolina Gorospe Hearing held on 12/24/2014. Mr. Lee takes no position on the motion. There being no opposition, Motion granted. The firm of Ivey Fosbinder Fosbinder and James H. Fosbinder are allowed to withdraw as counsel. Ms. Fosbinder to prepare the Order and include the last known addresses and phone numbers. (FTR C7 - 9:32-9:35am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 12/24/2014) | |||
| 2015-01-06 | 58 | 0 | ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFFS MAURO C. GOROSPE AND CAROLINA GOROSPE re: 54 , 57 . Signed by JUDGE KEVIN S.C. CHANG on 1/6/2015. (afc)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). Mauro C. Gorospe and Carolina Gorospe will be served this date by first class mail to those addresses disclosed on the second page of the instant order: Mauro and Carolina Gorospe 60 Wilikona Place Wailuku, Hawaii 96793 Mauro and Carolina Gorospe 28734 North Citrus Place Santa Clarita, California 91350 Marjory Bumatay as Power of Attorney for Mauro and Carolina Gorospe 448 N. Wakea Avenue Kahului, Hawaii 96793 96732 Docket entry (re: zip-code) modified on 1/6/2015. NEF REGENERATED (afc). (Entered: 01/06/2015) | |||
| 2015-01-06 | 59 | 0 | EO: On December 8, 2014, Defendants filed a Motion to Dismiss Plaintiffs' First Amended Complaint with Prejudice and to Expunge Notice of Lis Pendens (''Motion to Dismiss''), Doc. No. 50 , and on December 10, 2014, this court set briefing deadlines of December 30, 2014 for Plaintiffs' Opposition, and January 6, 2015 for Defendants' optional Reply to the Motion to Dismiss. Doc. No. 52 , Entering Order. Meanwhile, on December 17, 2014, counsel for Plaintiffs filed a Motion for Leave to Withdraw as Counsel of Record (''Motion to Withdraw''), Doc. No. 54 , and an Ex Parte Motion to shorten time to hear the Motion to Withdraw. Doc. No. 53 . The Ex Parte Motion was granted, and on December 24, 2014, the Motion to Withdraw was heard and granted, with counsel directed to prepare the order. Doc. No. 57 , Minutes. On January 6, 2015, the Order Granting Motion for Leave to Withdraw was filed, leaving Plaintiffs without counsel. Doc. No. 58 . Accordingly, Plaintiffs' Opposition to Defendants' Motion to Dismiss is now due by February 6, 2015, and Defendants' optional Reply is due by February 13, 2015. The Clerk of Court is directed to mail a copy of Defendants' Motion to Dismiss and this Entering Order to Plaintiffs at all addresses provided in the January 6, 2015 Order. After reviewing the briefs, the court will determine whether a hearing is necessary. (JUDGE J. MICHAEL SEABRIGHT)(tl, )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 (Entered: 01/06/2015) | |||
| 2015-02-11 | 60 | 0 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICE AGREEMENT DATED JULY 1, 2004, MORGAN STANLEY ABS CAPITAL I INC., TRUST 2004-HE5 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2005-HE5'S MOTION (1) FOR AN ORDER DISMISSING PLAINTIFFS' FIRST AMENDED COMPLAINT WITH PREJUDICE; AND (2) EXPUNGE NOTICE OF LIS PENDENS BY CAROLINA GOROSPE, MAURO C. GOROSPE, FILED SEPTEMBER 1, 2010 AND ENTERED ON SEPTEMBER 2, 2010; DOC. NO. 50 . Signed by JUDGE J. MICHAEL SEABRIGHT on 2/11/2015. (afc)Excerpt of order: "The court...DENIES in part Deutsche Bank's Motion to the extent it seeks a dismissal with prejudice." "The court...GRANTS Deutsche Bank's Motion to expunge the lis pendens filed September 1, 2010, and ORDERS the lis pendens EXPUNGED. See Doc. No. 4 ." 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 (Entered: 02/11/2015) |