Case Details

CourtNorthern District of California
Docket number3:17-cv-00383
Date case filed2017-01-25
Date case closed2017-07-26
Date of latest filing
Assigned toMagistrate Judge Sallie Kim
Case cause28:1441 Petition for Removal
Nature of suit220 Real Property: Foreclosure
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Julie A. Jackson
Party type: Plaintiff
an individual
Attorney name: Adela Zevart Ulloa
Attorney Contact:
Law Offices of Adela Z. Ulloa, APC
8560 W. Sunset Blvd.
500
West Hollywood, CA 90069
424-274-4620
Fax: 424-270-1680
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Kevin C Butler
Party type: Plaintiff
Attorney name: Adela Zevart Ulloa
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Anita A. Butler
Party type: Plaintiff
as Trustees of the 1990 Butler Family Trust
Attorney name: Adela Zevart Ulloa
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ocwen Loan Servicing, LLC
Party type: Defendant
Attorney name: Kevin S. Kim
Attorney Contact:
McGlinchey Stafford
18201 Von Karman
Suite 350
Irvine, CA 92612
(949) 381-5900
Fax: (949) 271-4040
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Western Progressive, LLC
Party type: Defendant
Attorney name: Kevin S. Kim
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,
Party type: Defendant
as successor-in-interest to JPMorgan Chase Bank, N.A., as Trustee for MASTR Adjustable Rate Mortgages Trust 2005-2, Mortgage Pass-Through Certificates Series 2005-2
Attorney name: Brian Andrew Paino
Attorney Contact:
McGlinchey Stafford
18201 Von Karman Avenue
Suite 350
Irvine, CA 92612
(949) 381-5900
Fax: (949) 861-6316
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kevin S. Kim
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DOES 1-30, Inclusive
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12017-01-25 NOTICE OF REMOVAL from Marin County Superior Court. Their case number is CIV1604583. (Filing fee $400 receipt number 0971-11102627). Filed byThe Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Kim, Kevin) (Filed on 1/25/2017) (Entered: 01/25/2017)
22017-01-25 Certificate of Interested Entities by The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A., identifying Corporate Parent The Bank of New York Mellon Corp. for The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. re 1 Notice of Removal, (Kim, Kevin) (Filed on 1/25/2017) (Entered: 01/25/2017)
32017-01-25 Request for Judicial Notice re 1 Notice of Removal, filed byThe Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 1 ) (Kim, Kevin) (Filed on 1/25/2017) (Entered: 01/25/2017)
42017-01-25 Declaration of Kevin S. Kim in Support of 1 Notice of Removal, filed byThe Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Related document(s) 1 ) (Kim, Kevin) (Filed on 1/25/2017) (Entered: 01/25/2017)
52017-01-25 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/8/2017. (bwS, COURT STAFF) (Filed on 1/25/2017) (Entered: 01/25/2017)
62017-01-25 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/24/2017. Case Management Conference set for 5/1/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 1/25/2017) (Entered: 01/26/2017)
72017-01-30 CERTIFICATE OF SERVICE by The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A., re 1 Notice of Removal, (Kim, Kevin) (Filed on 1/30/2017) (Entered: 01/30/2017)
82017-02-01 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,, Western Progressive, LLC.. (Kim, Kevin) (Filed on 2/1/2017) (Entered: 02/01/2017)
92017-02-01 ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Magistrate Judge Sallie Kim on 2/1/2017. (mklS, COURT STAFF) (Filed on 2/1/2017) (Entered: 02/01/2017)
102017-02-01 STIPULATION TO EXTEND DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' INITIAL COMPLAINT (L.R. 6-1) filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Kim, Kevin) (Filed on 2/1/2017) (Entered: 02/01/2017)
112017-02-10 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 2/24/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 2/10/2017) (Entered: 02/10/2017)
122017-02-24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Anita A. Butler, Kevin C Butler, Julie A. Jackson.. (Ulloa, Adela) (Filed on 2/24/2017) (Entered: 02/24/2017)
132017-03-03 MOTION to Dismiss Complaint filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,, Western Progressive, LLC. Motion Hearing set for 4/17/2017 09:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Responses due by 3/17/2017. Replies due by 3/24/2017. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Kim, Kevin) (Filed on 3/3/2017) (Entered: 03/03/2017)
142017-03-03 Request for Judicial Notice re 13 MOTION to Dismiss Complaint filed byOcwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,, Western Progressive, LLC. (Attachments: # 1 Exhibit 1 - Deed of Trust dated 03/28/97, # 2 Exhibit 2 - Deed of Trust dated 11/24/97, # 3 Exhibit 3 - Deed of Trust dated 12/30/04, # 4 Exhibit 4 - Grant Deed dated 04/04/16, # 5 Exhibit 5 - Notice of Default, # 6 Exhibit 6 - Grant Deed dated 07/29/16, # 7 Exhibit 7 - Notice of Trustee's Sale)(Related document(s) 13 ) (Kim, Kevin) (Filed on 3/3/2017) (Entered: 03/03/2017)
152017-03-08 ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, March 21, 2017, at 3:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 3/8/2017) (Entered: 03/08/2017)
162017-03-16 AMENDED COMPLAINT against DOES 1-30, Inclusive, Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,, Western Progressive, LLC. Filed byJulie A. Jackson, Anita A. Butler, Kevin C Butler. (Attachments: # 1 Exhibit Exhibits to Amended Complaint)(Ulloa, Adela) (Filed on 3/16/2017) (Entered: 03/16/2017)
172017-03-23 ADR Remark: ADR Phone Conference held by Tamara Lange on 3/21/2017. (af, COURT STAFF) (Filed on 3/23/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/23/2017)
182017-03-29 MOTION to Dismiss 16 Plaintiffs' First Amended Complaint filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. Motion Hearing set for 5/15/2017 09:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Responses due by 4/12/2017. Replies due by 4/19/2017. (Attachments: # 1 Memorandum of Points & Authorities, # 2 Proposed Order)(Kim, Kevin) (Filed on 3/29/2017) Modified on 3/31/2017 (ysS, COURT STAFF). (Entered: 03/29/2017)
18.1 Memorandum of Points & Authorities
18.2 Proposed Order
192017-03-29 Request for Judicial Notice re 18 MOTION to Dismiss Plaintiffs' First Amended Complaint filed byOcwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Related document(s) 18 ) (Kim, Kevin) (Filed on 3/29/2017) (Entered: 03/29/2017)
202017-03-31 MOTION to Appear by Telephone at Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Attachments: # 1 Proposed Order)(Kim, Kevin) (Filed on 3/31/2017) (Entered: 03/31/2017)
212017-04-07 MOTION to Appear by Telephone at Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Anita A. Butler, Kevin C Butler, Julie A. Jackson. (Attachments: # 1 Proposed Order)(Ulloa, Adela) (Filed on 4/7/2017) (Entered: 04/07/2017)
222017-04-10 STIPULATION and Proposed Order selecting Mediation by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A., filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Kim, Kevin) (Filed on 4/10/2017) (Entered: 04/10/2017)
232017-04-12 OPPOSITION/RESPONSE (re 18 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byAnita A. Butler, Kevin C Butler, Julie A. Jackson. (Ulloa, Adela) (Filed on 4/12/2017) (Entered: 04/12/2017)
242017-04-19 REPLY (re 18 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byOcwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Kim, Kevin) (Filed on 4/19/2017) (Entered: 04/19/2017)
252017-04-24 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Request to Appear by Telephone at Case Management Conference filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Kim, Kevin) (Filed on 4/24/2017) (Entered: 04/24/2017)
262017-04-25 ORDER AS MODIFIED by Magistrate Judge Sallie Kim granting 25 Stipulation to Continue Case Management Conference. The Case Management Conference is VACATED and will be reset in the order on the pending motion to dismiss.(mklS, COURT STAFF) (Filed on 4/25/2017) Modified on 4/25/2017 (mklS, COURT STAFF). (Entered: 04/25/2017)
272017-04-28 ORDER by Magistrate Judge Sallie Kim granting 18 Motion to Dismiss. Case Management Statement due by 7/17/2017. Initial Case Management Conference set for 7/24/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. (mklS, COURT STAFF) (Filed on 4/28/2017) (Entered: 04/28/2017)
282017-04-28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kim, Kevin) (Filed on 4/28/2017) (Entered: 04/28/2017)
292017-05-12 AMENDED COMPLAINT (Plaintiffs' Second Amended Complaint) against All Defendants. Filed byJulie A. Jackson, Anita A. Butler, Kevin C Butler. (Attachments: # 1 Exhibit Exhibits to Second Amended Complaint)(Ulloa, Adela) (Filed on 5/12/2017) (Entered: 05/12/2017)
302017-05-24 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Plaintiffs' Second Amended Complaint (L.R. 6-2) filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Kim, Kevin) (Filed on 5/24/2017) (Entered: 05/24/2017)
312017-05-24 ORDER by Magistrate Judge Sallie Kim granting 30 Stipulation to Extend Defendants' Time to Respond to Plaintiffs' Second Amended Complaint. (mklS, COURT STAFF) (Filed on 5/24/2017) (Entered: 05/24/2017)
322017-06-09 NOTICE OF MOTION & MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. Motion Hearing set for 7/24/2017 09:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Responses due by 6/23/2017. Replies due by 6/30/2017. (Attachments: #(1) Memorandum of Points & Authorities, #(2) [Proposed] Order) (Kim, Kevin) (Filed on 6/9/2017) (Entered: 06/09/2017)
332017-06-09 Request for Judicial Notice in Support of re 32 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Attachments: # 1 Exhibit 1 - 5)(Related document(s) 32 ) (Kim, Kevin) (Filed on 6/9/2017) (Entered: 06/09/2017)
342017-06-23 OPPOSITION/RESPONSE to (re 32 MOTION to Dismiss Plaintiffs' Second Amended Complaint) filed by Anita A. Butler, Kevin C Butler, Julie A. Jackson. (Ulloa, Adela) (Filed on 6/23/2017) (Entered: 06/23/2017)
352017-06-30 REPLY (re 32 MOTION to Dismiss Second Amended Complaint) filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Kim, Kevin) (Filed on 6/30/2017) (Entered: 06/30/2017)
362017-07-10 MOTION to Appear by Telephone at Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.,. (Attachments: #(1) [Proposed] Order)(Kim, Kevin) (Filed on 7/10/2017) (Entered: 07/10/2017)
372017-07-11 CLERK'S NOTICE Changing Time of Hearing: Motion Hearing re: 32 Motion to Dismiss reset for 7/24/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 7/11/2017) (Entered: 07/11/2017)
382017-07-11 ORDER by Magistrate Judge Sallie Kim granting 36 Defendants' Motion to Appear by Telephone. Counsel is directed to contact CourtCall at 888-882-6878 to arrange for the appearance. (Please note the time of hearing has been changed from 9:30 AM to 1:30 PM.)(mklS, COURT STAFF) (Filed on 7/11/2017) (Entered: 07/11/2017)
392017-07-17 STIPULATED REQUEST to Continue Case Management Conference, and REQUEST to Appear by Telephone at Case Management Conference; [Proposed] Order filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A.. (Kim, Kevin) (Filed on 7/17/2017) (Entered: 07/17/2017)
402017-07-17 MOTION to Appear by Telephone at hearing on Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Anita A. Butler, Kevin C Butler, Julie A. Jackson. (Attachments: # 1 Proposed Order [Proposed] Order Granting Plaintiffs' Request)(Ulloa, Adela) (Filed on 7/17/2017) (Entered: 07/17/2017)
412017-07-18 ORDER by Magistrate Judge Sallie Kim denying 39 Request to Continue Case Management Conference; granting 39 Motion to Appear by Telephone. (mklS, COURT STAFF) (Filed on 7/18/2017) (Entered: 07/18/2017)
422017-07-18 ORDER by Magistrate Judge Sallie Kim granting 40 Plaintiffs' Motion to Appear by Telephone. (mklS, COURT STAFF) (Filed on 7/18/2017) (Entered: 07/18/2017)
432017-07-20 NOTICE OF QUESTIONS FOR HEARING. Signed by Magistrate Judge Sallie Kim on 7/20/2017. (mklS, COURT STAFF) (Filed on 7/20/2017) (Entered: 07/20/2017)
442017-07-24 Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Motion Hearing NOT held on 7/24/2017 re 32 MOTION to Dismiss Second Amended Complaint filed by The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A., Ocwen Loan Servicing, LLC. Case Management Conference not held on 7/24/2017. The Court indicated the Motion to Dismiss will be granted. A written order will issue. (FTR Time 2:15-2:15.) Plaintiffs' Attorney: No Appearance. Defendants' Attorney: Kevin Kim (by telephone). This is a text-only Minute Entry (mklS, COURT STAFF) (Date Filed: 7/24/2017) Modified on 7/24/2017 (mklS, COURT STAFF). (Entered: 07/24/2017)
452017-07-26 ORDER by Magistrate Judge Sallie Kim granting 32 Motion to Dismiss Second Amended Complaint. (mklS, COURT STAFF) (Filed on 7/26/2017) (Entered: 07/26/2017)
462017-07-26 JUDGMENT. Signed by Magistrate Judge Sallie Kim on 7/26/2017. (mklS, COURT STAFF) (Filed on 7/26/2017) (Entered: 07/26/2017)