Case details

Court: utd
Docket #: 2:09-cv-01026
Case Name: Stradling et al v. Sun American Mortgage et al
PACER case #: 72993
Date filed: 2009-11-18
Assigned to: Judge Ted Stewart
Case Cause: 15:1640 Truth in Lending
Nature of Suit: 220 Real Property: Foreclosure
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Greg Stradling
Plaintiff
Greg Stradling
971 E COMANCHE CIR WASHINGTON, UT 84780-2034 (435)627-8583 PRO SE

Fay Stradling
Plaintiff
Fay Stradling
971 E COMANCHE CIR WASHINGTON, UT 84780-2034 (435)627-8583 PRO SE

Sun American Mortgage
Defendant
Mortgage Electronic Registration Systems
Defendant
MERS
Peter J. Salmon
PITE DUNCAN LLP 4375 JUTLAND DR STE 200 SAN DIEGO, CA 92117 (619)590-1300 Email: ecfutd@piteduncan.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

R. Spencer Macdonald
PITE DUNCAN LLP PO BOX 17935 4375 JUTLAND DR STE 200 SAN DIEGO, CA 92177-0935 (858)750-7600 Email: smacdonald@piteduncan.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

LXS 2006-ION
Defendant
US Bank National Association, as Trustee
Peter J. Salmon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

R. Spencer Macdonald
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-11-18 1 0 COMPLAINT against Sun American Mortgage, Mortgage Electronic Registration Systems, LXS 2006-ION (Filing fee $ 350, receipt number 4681034214) filed by Greg Stradling, Fay Stradling. (Attachments: # 1 Exhibit A - Deed of Trust, # 2 Exhibit B - Letter to Greg & Fay Stradling from Kahrl Wutscher LLP, # 3 Exhibit C - Substitution of Trustee, # 4 Exhibit D - Notice of Default, # 5 Exhibit E - Notice of Trustee's Sale, # 6 Exhibit F - Letter to Greg J. and Fay L. Stradling from Kahrl Wutscher LLP, # 7 Civil Cover Sheet) Assigned to Judge Ted Stewart (ce) (Entered: 11/19/2009)
2010-01-27 2 0 AMENDED COMPLAINT against Sun American Mortgage, Mortgage Electronic Registration Systems, LXS 2006-ION., filed by Greg Stradling, Fay Stradling. (asp) (Entered: 01/28/2010)
2010-03-29 3 0 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Greg Stradling, Fay Stradling as to Sun American Mortgage served on 3/17/2010, answer due 4/16/2010; Mortgage Electronic Registration Systems served on 3/17/2010, answer due 4/16/2010; LXS 2006-ION served on 3/17/2010, answer due 4/16/2010. (asp) (Entered: 03/30/2010)
2010-03-29 4 0 MOTION to Amend/Correct 2 Amended Complaint filed by Plaintiffs Greg Stradling, Fay Stradling. (asp) (Entered: 03/30/2010)
2010-04-16 5 0 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Defendants Mortgage Electronic Registration Systems, LXS 2006-ION. (Salmon, Peter) (Entered: 04/16/2010)
2010-04-16 6 0 MEMORANDUM in Support re 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Defendants Mortgage Electronic Registration Systems, LXS 2006-ION. (Salmon, Peter) (Entered: 04/16/2010)
2010-04-16 7 0 REQUEST for Judicial Notice re 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Defendants Mortgage Electronic Registration Systems, LXS 2006-ION. (Salmon, Peter) (Entered: 04/16/2010)
2010-04-23 8 0 RESPONSE to Motion re 4 MOTION to Amend/Correct 2 Amended Complaint filed by Defendants Mortgage Electronic Registration Systems, LXS 2006-ION. (Salmon, Peter) (Entered: 04/23/2010)
2010-05-14 9 0 MEMORANDUM in Opposition re 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Plaintiffs Greg Stradling, Fay Stradling. (asp) (Entered: 05/17/2010)
2010-05-27 10 0 REPLY to Response to Motion re 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Defendants Mortgage Electronic Registration Systems, LXS 2006-ION. (Salmon, Peter) (Entered: 05/27/2010)
2010-06-09 11 0 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Plaintiffs Fay Stradling, Greg Stradling. (asp) (Entered: 06/10/2010)
2010-06-15 12 0 DOCKET TEXT ORDER denying 11 Motion for Extension of Time to File Response/Reply. Plaintiffs have until June 30, 2010 to file their Reply to the Motion to Amend. Signed by Judge Ted Stewart on 6/15/10. No attached document. (law) (Entered: 06/15/2010)
2010-06-25 13 0 AMENDED DOCKET TEXT ORDER granting 11 Motion for Extension of Time to File Response/Reply re 11 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens Replies due by 6/30/2010. Docket Text Order Amended to show Motion was granted. Signed by Judge Ted Stewart on 6/25/10. No attached document. (law) (Entered: 06/25/2010)
2010-06-25 14 0 REPLY to Response to Motion re 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Plaintiffs Fay Stradling, Greg Stradling. (asp) (Entered: 06/28/2010)
2010-08-31 15 0 REQUEST to Submit for Decision re 5 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and to Expunge Lis Pendens filed by Defendants LXS 2006-ION, Mortgage Electronic Registration Systems. (Salmon, Peter) (Entered: 08/31/2010)
2010-08-31 16 0 REQUEST to Submit for Decision re 4 MOTION to Amend/Correct 2 Amended Complaint filed by Defendants LXS 2006-ION, Mortgage Electronic Registration Systems. (Salmon, Peter) (Entered: 08/31/2010)
2011-02-23 17 0 MOTION to Add Aurora Loan Services as a party filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 02/24/2011)
2011-03-11 18 0 RESPONSE to Motion re 17 MOTION to add Aurora Loan Services as a party filed by Defendants LXS 2006-ION, Mortgage Electronic Registration Systems. (Salmon, Peter) (Entered: 03/11/2011)
2011-03-24 19 0 REPLY to Response to Motion re 17 MOTION to add Aurora Loan Services as a party filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 03/24/2011)
2011-03-28 20 0 MEMORANDUM DECISION AND ORDER denying 4 Motion to Amend/Correct Amended Complaint; granting 5 Motion to Dismiss ; denying 17 Motion to add party. The Amended Complaint is Dismissed with Prejudice. It is further Ordered that Plaintiffs shall file a release of the lis pendens within 14 days of the entry of this order. Signed by Judge Ted Stewart on 3/28/2011. (las) (Entered: 03/28/2011) 2011-04-04 10:27:15 6d96160f52c02f0e62b48866896ce34e9501ab63
2011-04-11 21 0 NOTICE OF FILING of Notice of Pending Motion for Relief filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 04/11/2011)
2011-04-25 22 0 MOTION for Relief filed by Plaintiffs Fay Stradling, Greg Stradling. (Attachments: # 1 Exhibit Consent Order)(las) (Entered: 04/25/2011)
2011-04-25 23 0 MOTION for Extension of Time to File Full Memorandum filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 04/25/2011)
2011-04-26 24 0 DOCKET TEXT ORDER granting 23 Motion for Extension of Time. Plaintiffs shall file Memorandum no later thanMay 9, 2011. Signed by Judge Ted Stewart on 4/26/11. No attached document. (law) (Entered: 04/26/2011)
2011-05-06 25 0 MEMORANDUM in Support re 22 MOTION for Relief filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 05/09/2011)
2011-05-06 26 0 MOTION to Amend/Correct 1 Complaint, filed by Plaintiffs Fay Stradling, Greg Stradling. (Attachments: # 1 Proposed Amended Complaint)(las) (Entered: 05/09/2011)
2011-05-06 27 0 NOTICE OF FILING of Supplemental Request for Judicial Notice FRE 201(d) filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 05/09/2011)
2011-05-06 28 0 NOTICE OF FILING of Request for Judicial Notice- FRE 201(d) filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 05/09/2011)
2011-05-26 29 0 RESPONSE to Motion re 26 MOTION to Amend/Correct 1 Complaint,, filed by Defendants LXS 2006-ION, Mortgage Electronic Registration Systems. (Macdonald, R.) (Entered: 05/26/2011) 2011-05-26 19:58:38 864b14c924e83589d56e0932ede32af7f6640be2
2011-05-26 30 0 RESPONSE to Motion re 22 MOTION for Relief filed by Defendants LXS 2006-ION, Mortgage Electronic Registration Systems. (Macdonald, R.) (Entered: 05/26/2011) 2011-05-26 19:50:54 5dc8ca4a5e0212b6f65cd5648cddff9561bfa18c
2011-06-06 31 0 MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Relief, 26 MOTION to Amend/Correct 1 Complaint filed by Plaintiffs Fay Stradling, Greg Stradling. (las) (Entered: 06/06/2011)
2011-06-20 32 0 RESPONSE to Defendants' Opposition to Joinder - FRCP 19 re 26 MOTION to Amend/Correct 1 ; Response to 29 Response to Motion re 26 Motion to Amend/Correct 1 Complaint; 30 Response to Motion re 22 Motion for Relief from Judgment filed by Fay Stradling, Greg Stradling. (ce) (Entered: 06/20/2011)
2011-06-24 33 0 MEMORANDUM DECISION denying 22 Motion for Relief from Judgment ; denying 26 Motion to Amend/Correct. Signed by Judge Ted Stewart on 06/24/2011. (asp) (Entered: 06/24/2011) 2011-06-27 20:30:18 58c3b661648c5847f820fce3c469851047f4027c