Case Details

CourtDistrict of Hawaii
Docket number1:15-cv-00305
Date case filed2015-08-06
Date case closed2017-05-17
Date of latest filing
Assigned toCHIEF JUDGE J. MICHAEL SEABRIGHT
Case cause15:1692 Fair Debt Collection Act
Nature of suit220 Real Property: Foreclosure
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Lothar Kuster
Party type: Plaintiff
Physical address: 50 W. Waipio Rd. Haiku, HI 96708
Attorney name: Stuart E. Ragan
Attorney Contact:
The Law Office of Stuart E. Ragan
PO Box 1464
Puunene, HI 96784
808-879-3352
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ocwen Loan Servicing, LLC
Party type: Defendant
Attorney name: David N. Matsumiya
Attorney Contact:
Clay Chapman Iwamura Pulice & Nervell
700 Bishop Street, Suite 2100
Honolulu, HI 96813
808-535-8476
Fax: 808-535-8444
Email: [email protected]
TERMINATED: 05/25/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James B. Rogers
Attorney Contact:
Alston Hunt Floyd & Ing - Honolulu
American Savings Bank Tower
1001 Bishop St Ste 1800
Honolulu, HI 96813
(808) 524-1800
Fax: (808) 524-4591
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lukasz I. Wozniak
Attorney Contact:
Wright, Finlay & Zak, LLP
4665 MacArthur Court, Suite 280
Newport Beach, CA 92660
949-477-5050
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Maile Osika
Attorney Contact:
Alston Hunt Floyd & Ing - Honolulu
American Savings Bank Tower
1001 Bishop St Ste 1800
Honolulu, HI 96813
524-1800
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Deutsche Bank National Trust Company
Party type: Defendant
as Trustee for GSAMP Trust 2004-NC2
Attorney name: David N. Matsumiya
Attorney Contact:
(See above for address)
TERMINATED: 05/25/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James B. Rogers
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lukasz I. Wozniak
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Maile Osika
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: John 1-10 Does
Party type: Defendant
Party: Jane Does 1-10
Party type: Defendant
Party: Doe Partnerships 1-10
Party type: Defendant
Party: Doe Corporations 1-10
Party type: Defendant
Party: Doe Entities 1-10
Party type: Defendant
Party: Doe Governmental Units 1-10
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12015-08-06 COMPLAINT Lothar Kuster against All Defendants ( Filing fee $ 400 receipt number 0975-1588607.), filed by Lothar Kuster. (Attachments: # 1 Exhibit Exhibits "1"-"3", # 2 Civil Cover Sheet)(Ragan, Stuart) (Entered: 08/06/2015)
1.1 Exhibit Exhibits "1"-"3"
1.2 Civil Cover Sheet
22015-08-06 Summons (Proposed) (Ragan, Stuart) (Entered: 08/06/2015)
32015-08-06 NOTICE of Case Assignment: Please reflect Civil case number CV 15-00305 JMS-BMK on all further pleadings. (emt, )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: 08/06/2015)
42015-08-06 Summons Issued as to Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (emt, ) (Entered: 08/06/2015)
52015-08-06 Order Setting Rule 16 Scheduling Conference for 09:30AM on 11/9/2015 before MAGISTRATE JUDGE BARRY M. KURREN - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/6/2015. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosures)(emt, )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 ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (Entered: 08/06/2015)
62015-08-06 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(emt, ) (Entered: 08/06/2015)
72015-09-28 SUMMONS Returned Executed by Lothar Kuster. Deutsche Bank National Trust Company served on 8/27/2015, answer due 9/17/2015. (Ragan, Stuart) (Entered: 09/28/2015)
82015-09-29 SUMMONS Returned Executed by Lothar Kuster. Ocwen Loan Servicing, LLC served on 9/23/2015, answer due 10/14/2015. (Ragan, Stuart) (Entered: 09/29/2015)
92015-09-30 Proposed MOTION for Entry of Default by Clerk against Defendant Deutsche Bank National Trust Company Stuart E. Ragan appearing for Plaintiff Lothar Kuster (Attachments: # 1 Declaration, # 2 Entry of Default, # 3 Certificate of Service)(Ragan, Stuart) (Entered: 09/30/2015)
102015-09-30 AMENDED DOCUMENT by Lothar Kuster. Amendment to 9 Proposed MOTION for Entry of Default by Clerk against Defendant Deutsche Bank National Trust Company submission of Exhibit "1". (Ragan, Stuart) (Entered: 09/30/2015)
112015-10-01 Clerk's ENTRY OF DEFAULT as to Deutsche Bank National Trust Company, as Trustee for GSAMP Trust 2004-NC2. (afc) Modified on 12/10/2015:***DEFAULT SET ASIDE. Reference minute order, docket entry no. 21 ***(afc) (Entered: 10/01/2015)
122015-10-15 MOTION to Set Aside Default (CM/ECF No. 11 ) David N. Matsumiya appearing for Defendant Deutsche Bank National Trust Company (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of David N. Matsumiya , # 3 Exhibit A, # 4 Exhibit B, # 5 Certificate of Service)(Matsumiya, David) Modified on 10/16/2015 (emt, ). (Entered: 10/15/2015)
132015-10-16 Proposed MOTION for Entry of Default by Clerk against Defendant Ocwen Loan Servicing, LLC Stuart E. Ragan appearing for Plaintiff Lothar Kuster (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Entry of Default, # 4 Certificate of Service)(Ragan, Stuart) (Entered: 10/16/2015)
142015-10-16 Defendant Ocwen Loan Servicing, LLC's ANSWER to 1 Complaint filed on August 6, 2015 (CM/ECF No. 1) by Ocwen Loan Servicing, LLC. (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 10/16/2015)
152015-10-16 Corporate Disclosure Statement by Ocwen Loan Servicing, LLC identifying Corporate Parent Ocwen Financial Corporation, Corporate Parent Ocwen Mortgage Servicing, Inc. for Ocwen Loan Servicing, LLC.. (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 10/16/2015)
162015-10-19 EO: The following Motions are set for hearing on 12/8/2015 at 11:00AM before Judge Barry M. Kurren: 12 Defendant Deutsche Bank National Trust Company's Motion to Set Aside Clerk's Entry of Default; and 13 Plaintiff's Request For Entry of Default Against Defendant Ocwen Loan Servicing, LLC. Additionally, the Rule 16 Scheduling Conference set for 11/9/2015 is CONTINUED to 12/8/2015 at 11:00AM before Judge Barry M. Kurren. Scheduling Conference Statements are due 12/1/2015. (MAGISTRATE JUDGE BARRY M. KURREN)(kur2 )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: 10/19/2015)
172015-10-30 INITIAL DISCLOSURE by Ocwen Loan Servicing, LLC. (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 10/30/2015)
182015-12-01 Scheduling Conference Statement (Joint Scheduling Conference Statement). (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 12/01/2015)
192015-12-01 AMENDED DOCUMENT [ Amendment to 18 Scheduling Conference Statement (Joint Scheduling Conference Statement)] by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Attachments: # 1 Certificate of Service)(Matsumiya, David) Modified on 12/2/2015 (emt, ). (Entered: 12/01/2015)
202015-12-07 EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference and the hearing on the following motions, previously set for 12/8/2015 at 11:00 a.m. is CONTINUED to 2:15 p.m. before MAGISTRATE JUDGE BARRY M. KURREN on the same date of 12/8/2015: 12 Motion to Set Aside Default, and 13 Proposed Motion for Entry of Default. (MAGISTRATE JUDGE BARRY M. KURREN)(kur1)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: 12/07/2015)
212015-12-08 EP: Hearing on the following motions held: 12 Defendant Deutsche Bank National Trust Company's Motion to Set Aside Clerk's Entry of Default, and 13 Plaintiff's Request for Entry of Default Against Defendant Ocwen Loan Servicing, LLC. Under the circumstances presented in this matter, the Court finds excusable neglect. Accordingly, the Court GRANTS 12 Defendant Deutsche Bank National Trust Company's Motion to Set Aside Clerk's Entry of Default, and DENIES 13 Plaintiff's Request for Entry of Default Against Defendant Ocwen Loan Servicing, LLC. The Court further DENIES the request for fees and costs, without prejudice. Counsel David Matsumiya to prepare an Order.Rule 16 Scheduling Conference also held. Dates and deadlines appear below. Court to prepare Scheduling Order. Jury Selection/Trial set for 09:00 AM on 11/1/2016 before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 9/20/2016 at 9:30 AM before MAGISTRATE JUDGE BARRY M. KURREN. Settlement Conference set for 3/8/2016 at 10:30 AM before MAGISTRATE JUDGE BARRY M. KURREN. Motions due by 6/1/2016. Discovery due by 9/2/2016. (C7F, 2:15-2:27 P.M.) (MAGISTRATE JUDGE BARRY M. KURREN)(kur1)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: 12/09/2015)
222015-12-21 ORDER DENYING PLAINTIFF LOTHAR KUSTER'S EX PARTE REQUEST TO CLERK FOR ENTRY OF DEFAULT AGAINST DEFENDANT OCWEN LOAN SERVICING, LLC FILED HEREIN ON OCTOBER 16, 2015 re: 13 . Signed by MAGISTRATE JUDGE BARRY M. KURREN on 12/18/2015. (afc) Order follows hearing held 12/8/2015. Minutes of hearing: doc no. 21 . 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: 12/21/2015)
232015-12-21 ORDER GRANTING DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAMP TRUST 2004-NC2'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT FILED HEREIN ON OCTOBER 1, 2015 re: 13 , 11 . Signed by MAGISTRATE JUDGE BARRY M. KURREN on 12/21/2015. (afc) Order follows hearing held 12/8/2015. Minutes of hearing: doc no. 21 . 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: 12/21/2015)
242015-12-21 Defendant Deutsche Bank National Trust Company's, as Trustee for GSAMP Trust 2004-NC2 ANSWER to 1 Complaint filed on August 6, 2015 by Deutsche Bank National Trust Company. (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 12/21/2015)
252015-12-21 Corporate Disclosure Statement by Deutsche Bank National Trust Company identifying Corporate Parent Deutsche Bank AG, Corporate Parent Deutsche Bank Holdings, Inc., Corporate Parent Deutsche Bank Trust Corporation for Deutsche Bank National Trust Company.. (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 12/21/2015)
25.1 Certificate of Service
262015-12-21 INITIAL DISCLOSURE by Deutsche Bank National Trust Company. (Attachments: # 1 Certificate of Service)(Matsumiya, David) (Entered: 12/21/2015)
272015-12-23 RULE 16 SCHEDULING ORDER: Signed by MAGISTRATE JUDGE BARRY M. KURREN on 12/23/2015. (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). All participants are registered to receive electronic notifications. (Entered: 12/23/2015)
282016-03-04 Scheduling Conference Statement Confidential Settlement Conference Statement. (Ragan, Stuart) (Entered: 03/04/2016)
292016-03-08 EP: Settlement Conference held on 03/08/2016. No settlement has been reached at this time. (MAGISTRATE JUDGE BARRY M. KURREN)(bbb)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: 03/08/2016)
302016-04-01 ORDER REASSIGNING MAGISTRATE JUDGE BARRY M. KURREN'S REFERRED CIVIL CASES. U.S. Magistrate Judge assignment reassigned to U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD. Judge BARRY M. KURREN no longer assigned to case. Please reflect new case number CV 15-00305-JMS-KJM on all further pleadings. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 4/1/2016. (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: 04/01/2016)
312016-05-25 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY; ATTACHMENT 1. Signed by U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/25/2016. (afc)Defendants DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAMP TRUST 2004-NC2 and OCWEN LOAN SERVICING, LLC substitutes LUKASZ I. WOZNIAK, ESQ. (law firm Wright, Finlay & Zak, LLP) as counsel of record in place of Robert E. Chapman, Esq. and David N. Matsumiya, Esq. (law firm Clay Chapman Iwamura Pulice & Nervell) 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: 05/25/2016)
322016-07-27 MOTION to Amend/Correct 27 Scheduling Order, Motion to Amend The Court's Rule 16 Scheduling Order Dated December 23, 2015 Lukasz I. Wozniak appearing for Defendants Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Lukasz I. Wozniak, # 3 Exhibit 1 to Declaration of Lukasz I. Wozniak, # 4 Exhibit 2 to Declaration of Lukasz I. Woznia, # 5 Certificate of Service)(Wozniak, Lukasz) (Entered: 07/27/2016)
332016-07-29 NOTICE of Hearing on Motion - 32 Defendant's Motion to Amend the Court's Rule 16 Scheduling Order Hearing is set for 09/08/2016 at 10:00 a.m. in Courtroom 6 before Magistrate Judge KENNETH J. MANSFIELD. The briefing schedule for this Motion shall be governed by the Local Rules.(bbb)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: 07/29/2016)
342016-08-01 CERTIFICATE OF SERVICE by Lothar Kuster (Ragan, Stuart) (Entered: 08/01/2016)
352016-08-01 CERTIFICATE OF SERVICE by Lothar Kuster (Ragan, Stuart) (Entered: 08/01/2016)
362016-08-04 MOTION to Shorten Time to hear Motion re 32 MOTION to Amend/Correct 27 Scheduling Order, Motion to Amend The Court's Rule 16 Scheduling Order Dated December 23, 2015 Lukasz I. Wozniak appearing for Defendants Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC (Attachments: # 1 Declaration of Lukasz I. Wozniak in Support of Ex Parte Motion For Order Shoretening Time for Hearing on Defendants' Motion to Amend The Court's Rule 16 Scheduling Order Dated December 23, 2015, # 2 Order, # 3 Certificate of Service)(Wozniak, Lukasz) (Entered: 08/04/2016)
372016-08-05 EO: Status conference re: 36 Defendants' Ex Parte Application to Shorten Time for Hearing on 32 Motion to Amend the Court's Rule 16 Scheduling Order Dated December 23, 2015 is set before Magistrate Judge Kenneth J. Mansfield on August 8, 2016 at 1:00 p.m. Counsel shall meet and confer before the status conference regarding a mutually agreeable time to hear Defendants' Motion to Amend the Court's Rule 16 Scheduling Order. If counsel would like to appear by telephone, they are to contact Magistrate Judge Kenneth J. Mansfield's Courtroom Manager at (808) 541-1298 prior to the hearing. (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 08/05/2016)
382016-08-08 EP: STATUS CONFERENCE RE: 36 DEFENDANTS' EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON 32 MOTION TO AMEND THE COURT'S RULE 16 SCHEDULING ORDER DATED DECEMBER 23, 2015 hearing held.Both counsel Stuart E. Ragan and Lukasz I. Wozniak participating by telephone.Discussion held. 36 Defendants' Ex Parte Application to Shorten Time for Hearing on 32 Motion to Amend the Court's Rule 16 Scheduling Order Dated December 23, 2015 is hereby GRANTED. 32 Defendant's Motion to Amend the Court's Rule 16 Scheduling Order hearing previously set for September 8, 2016 IS ADVANCED TO August 22, 2016 at 10:30 a.m. before Magistrate Judge Kenneth J. Mansfield in Courtroom 6.Opposition due by August 16, 2016Reply due by August 18, 2016If counsel would like to appear by telephone, they are to contact Magistrate Judge Kenneth J. Mansfield's Courtroom Manager at (808) 541-1298 prior to the hearing.(FTR-Ctrm C6 - FTR 1:00 - 1:11.) (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 08/08/2016)
392016-08-16 MEMORANDUM in Opposition re 32 MOTION to Amend/Correct 27 Scheduling Order, Motion to Amend The Court's Rule 16 Scheduling Order Dated December 23, 2015 filed by Lothar Kuster. (Attachments: # 1 Exhibit Exhibits "1"-"2", # 2 Certificate of Service)(Ragan, Stuart) (Entered: 08/16/2016)
402016-08-18 REPLY to Response to Motion re 32 MOTION to Amend/Correct 27 Scheduling Order, Motion to Amend The Court's Rule 16 Scheduling Order Dated December 23, 2015 Reply to Plaintiff's Opposition to Motion to Amend The Court's Rule 16 Scheduling Order Dated December 23, 2015 filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Attachments: # 1 Certificate of Service)(Wozniak, Lukasz) (Entered: 08/18/2016)
412016-08-22 NOTICE of Appearance by James B. Rogers on behalf of Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC on behalf of Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Rogers, James) (Entered: 08/22/2016)
422016-08-22 CERTIFICATE OF SERVICE by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC [Defendant Ocwen Loan Servicing, LLC's Notice of Taking Deposition Upon Oral Examination of Lothar Kuster] (Rogers, James) (Entered: 08/22/2016)
432016-08-22 NOTICE of Appearance by Maile Osika on behalf of Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC on behalf of Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Osika, Maile) (Entered: 08/22/2016)
442016-08-22 EP: 32 DEFENDANT'S MOTION TO AMEND THE COURT'S RULE 16 SCHEDULING ORDER hearing held.Arguments heard. 32 Defendant's Motion to Amend the Court's Rule 16 Scheduling Order is herebyDENIED.Court to issue a written order. (FTR-Ctrm C6 - No Recorded.) (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 08/23/2016)
452016-08-23 ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO AMEND THE COURT'S RULE 16 SCHEDULING ORDER DATED DECEMBER 23, 2015 re 27 , 32 , 44 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/23/2016. Final Pretrial Conference continued to 9/27/2016 09:45 AM in Courtroom 6 before Magistrate Judge KENNETH J. MANSFIELD. (emt, )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: 08/23/2016)
462016-09-02 CERTIFICATE OF SERVICE by Deutsche Bank National Trust Company (Re: Defendant Deutsche Bank's Responses to Plaintiff's First Request for Interrogatories, dated September 2, 2016) (Osika, Maile) (Entered: 09/02/2016)
472016-09-02 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC (Defendant Ocwen Loan Servicing, LLC's Responses to Plaintiff's First Request for Interrogatories, dated September 2, 2016) (Osika, Maile) (Entered: 09/02/2016)
482016-09-07 FIRST STIPULATION EXTENDING TIME (1) FOR DEPOSITION, AND (2) TO FILE FINAL PRETRIAL STATEMENTS - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/7/2016. (emt, )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: 09/07/2016)
492016-09-08 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC [Re: Defendant Ocwen Loan Servicing, LLC's Amended Notice of Taking of Deposition Upon Oral Examination] (Rogers, James) (Entered: 09/08/2016)
502016-09-19 EO: By the request of Plaintiff, the deadline to file pretrial statements have been continued from 09/20/2016 to 09/21/2016. Parties are to expedite copies prior to the hearing of the Final Pretrial Conference. Counsel Stuart Ragan to notify parties. (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 09/19/2016)
512016-09-21 Pretrial Conference Statement by Lothar Kuster . (Ragan, Stuart) (Entered: 09/21/2016)
522016-09-21 Pretrial Conference Statement by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC ; Certificate of Service. (Osika, Maile) (Entered: 09/21/2016)
532016-09-27 EP: FINAL PRETRIAL CONFERENCE hearing held.Discussion held.Plaintiff represents that their case will take 2 days.Defendant represents that their case will take 1 day.New dates are given as follows:Jury Selection/Trial is set for 12/13/2016 9:00 a.m. in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Dispositive Motions deadline CLOSED. Discovery deadline CLOSED. If the parties so wish to hold a Settlement Conference with the Court, they may do so by contacting Magistrate Judge Kenneth J. Mansfield's Courtroom Manager, Bernie Aurio at(808) 541-1298. Plaintiff's counsel to turn over discovery documents to Defendants by noon onFriday, September 30, 2016.Parties shall meet and confer pursuant to LR37.1 regarding any issues created byPlaintiff's production of documents beyond the discovery cutoff. If such issues cannot be resolved by the meet and confer process, the Court grants Defendants leave to file a discovery motion related to this production notwithstanding the deadline for such motions has passed.Further discussion between parties held in the courtroom.Court to issue a First Amended Rule 16 Scheduling Order.(FTR-Ctrm C6 - No Record 9:40 - 10:10.) (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 09/27/2016)
542016-10-25 FIRST AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/27/2016. (emt, )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: 10/25/2016)
552016-10-25 EO: Final Pretrial Conference set for 12/5/2016 at 9:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)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: 10/25/2016)
562016-11-10 FIRST STIPULATION TO AMEND FIRST AMENDED RULE 16 SCHEDULING ORDER (ECF NO. 54 ) - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/10/2016. (emt, )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: 11/10/2016)
572016-11-21 CERTIFICATE OF SERVICE by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC [Re: Defendant Ocwen Loan Servicing, LLC's Second Notice of Taking of Deposition Upon Oral Examination - Lothar Kuster] (Osika, Maile) (Entered: 11/21/2016)
582016-11-23 EO: In light of the 56 First Stipulation to Amend First AmendedRule 16 Scheduling Order. New dates are given as follows: Jury Selection/Trial is set for 9:00 a.m. on 06/13/2017 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 05/02/2017 at 9:30 a.m. in Courtroom 6 before Magistrate Judge KENNETH J. MANSFIELD. Dispositive Motions filed by 01/11/2017. Discovery due by 04/14/2017. Court to issue a Second Amended Rule 16 Scheduling Order. (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 11/23/2016)
592016-11-23 EO: The Final Pretrial Conference set for 12/5/2016 at 9:00 a.m. before CHIEF JUDGE J. MICHAEL SEABRIGHT is hereby VACATED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)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: 11/23/2016)
602016-12-01 SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/1/2016. (emt, )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: 12/01/2016)
612016-12-30 MOTION to Withdraw as Attorney Stuart E. Ragan appearing for Plaintiff Lothar Kuster (Attachments: # 1 Declaration, # 2 Certificate of Service)(Ragan, Stuart) (Entered: 12/30/2016)
622017-01-03 NOTICE OF HEARING ON MOTION: 61 Motion to Withdraw as Attorney Hearing is set for 02/06/2017 at 10:00 a.m. in Courtroom 6 before Magistrate Judge KENNETH J. MANSFIELD. Opposition due by 01/17/2017. Response due by 01/24/2017.(bbb)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: 01/03/2017)
632017-01-11 MOTION for Judgment on the Pleadings [Defendants' Motion for: (1) Judgment on the Pleadings on Counts I-II, and (2) Summary Judgment on Counts III-VI] Maile Osika appearing for Defendants Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Osika, Maile) (Entered: 01/11/2017)
642017-01-11 CONCISE STATEMENT of Facts re 63 MOTION for Judgment on the Pleadings [Defendants' Motion for: (1) Judgment on the Pleadings on Counts I-II, and (2) Summary Judgment on Counts III-VI] filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Attachments: # 1 Declaration of Gina Feezer, # 2 Declaration of Maile Osika, # 3 Exhibit "1" - Note dated 7/16/2004, # 4 Exhibit "2" - Mortgage dated 7/16/2004, # 5 Exhibit "3" - Litton Loan History, # 6 Exhibit "4" - Repayment Plan, # 7 Exhibit "5" - Notice of Servicing Transfer, # 8 Exhibit "6" - Ocwen Loan History, # 9 Exhibit "7A" - Ocwen response dated 10/14/2011, # 10 Exhibit "7B" - Ocwen response dated 3/26/2012, # 11 Exhibit "7C" - Ocwen response dated 4/23/2014, # 12 Exhibit "7D" - Ocwen response dated 5/5/2014, # 13 Exhibit "7E" - Ocwen response dated 6/10/2014, # 14 Exhibit "7F" - Ocwen response dated 6/10/14 [Clerk's notation: The "Ocwen response" is dated 6/18/14], # 15 Exhibit "8" - Delinquency notice, # 16 Exhibit "9" - Payoff quote, # 17 Exhibit "10" - Agbannaoag Order, # 18 Exhibit "11" - Depo transcript of Lothat Kuster [Part 1 of 2], # 19 Exhibit "11" - Depo transcript of Lothar Kuster [Part 2 of 2], # 20 Exhibit "12" - Kuster's Amended Response, # 21 Certificate of Service)(Osika, Maile) Docket text entry modified on 1/12/2017 re: exhibit 7F. (afc) (Entered: 01/11/2017)
652017-01-12 NOTICE of Hearing on Motion 63 Defendants' Motion for: (1) Judgment on the Pleadings on Counts I-II, and (2) Summary Judgment on Counts III-VI set for 4/3/2017 at 11:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (shm)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: 01/12/2017)
662017-01-17 MEMORANDUM in Opposition re 61 MOTION to Withdraw as Attorney filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Osika, Maile) (Entered: 01/17/2017)
672017-01-20 REPLY re 61 MOTION to Withdraw as Attorney , 66 Memorandum in Opposition to Motion filed by Lothar Kuster. (Attachments: # 1 Certificate of Service)(Ragan, Stuart) (Entered: 01/20/2017)
682017-01-20 CERTIFICATE OF SERVICE of Counsel re 67 . (Attachments: # 1 Exhibit)(Ragan, Stuart) Modified on 1/23/2017 (emt, ). (Entered: 01/20/2017)
692017-02-06 EP: Motion Hearing held on 2/6/2017. This Court will take the 61 Motion to Withdraw as Counsel under advisement. (FTR-Ctrm C6 - FTR 9:49 - 10:14.) (Magistrate Judge KENNETH J. MANSFIELD)(bbb)No COS issued for this docket entry (Entered: 02/06/2017)
702017-02-08 ORDER DENYING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF re: 61 . Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/7/2017. (afc) ORDER follows hearing held 2/6/2017 on 61 Motion to Withdraw as Counsel. Minutes of hearing: doc. no. 69 . 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: 02/08/2017)
712017-02-15 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC [Re: Amended Second Notice of Taking Deposition Upon Oral Examination (Lothar Kuster)] (Osika, Maile) (Entered: 02/15/2017)
722017-03-03 EO: At the request of Plaintiff, a Status Conference is set for 03/06/2017 at 9:30 a.m. in Courtroom 6 before Magistrate Judge KENNETH J. MANSFIELD. Counsel Stuart E. Ragan to notify the parties. (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 03/03/2017)
732017-03-06 EP: STATUS CONFERENCE hearing held.Mr. Ragan informs the Court of his unsuccessful communication with his client.Mr. Rogers informs the Court that a Deposition on Mr. Kuster is scheduled to take place tomorrow, March 7, 2017 at 10:00 a.m. at Mr. Rogers office.Court informs Mr. Ragan the need to file a proper Motion to Withdraw.(FTR-Ctrm C6 - No Record 9:35 - 9:45.) (Magistrate Judge KENNETH J. MANSFIELD)(bbb)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: 03/06/2017)
742017-03-16 LETTER request to continue the April 3, 2017 hearing on Defendants' Motion for Judgment on the Pleadings 63 . [Letter dated 3/15/2017 jointly addressed to Chief U.S. District Judge J. Michael Seabright and U.S. Magistrate Judge Kenneth J. Mansfield from J. Blaine Rogers, Esq. on behalf of defendants.] (afc) (Entered: 03/16/2017)
752017-03-16 EO: By letter dated March 15, 2017, Defendants seek a continuance of the April 3, 2017 hearing on their Motion for Judgment on the Pleadings, ECF No. 63 . ECF No. 74 . For the reasons set forth in the letter, the court GRANTS the continuance. If the case does not settle, the Motion shall be heard on May 30, 2017, at 11:00 a.m. Plaintiff's Opposition memorandum is due by April 17, 2017, and Defendant's optional Reply is due by May 1, 2017.(CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)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: 03/16/2017)
762017-04-04 Second MOTION to Withdraw as Attorney Stuart E. Ragan appearing for Plaintiff Lothar Kuster (Attachments: # 1 Declaration, # 2 Certificate of Service)(Ragan, Stuart) (Entered: 04/04/2017)
772017-04-06 NOTICE OF HEARING: The Court sets a hearing on 76 Motion to Withdraw as Counsel for April 20, 2017, at 10:30 a.m. in Courtroom 6 before the Honorable Kenneth J. Mansfield. Any opposition must be filed by Thursday, April 13, 2017. No reply is permitted.(Magistrate Judge KENNETH J. MANSFIELD)(mansfield1)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: 04/06/2017)
792017-04-19 STATEMENT of No Position re 76 Second MOTION to Withdraw as Attorney ; Certificate of Service filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. (Rogers, James) (Entered: 04/19/2017)
802017-04-20 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF re: 76 . Signed by U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD on 4/20/2017. (afc) ORDER grants Motion of attorney Stuart E. Ragan, Esq. to Withdraw as Counsel for plaintiff Lothar Kuster [Motion: ECF no. 76 ]. 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: 04/20/2017)
812017-04-20 EP: 76 SECOND MOTION TO WITHDRAW AS ATTORNEY hearing held.Mr. Stuart E. Ragan participating by telephone.Discussion held.Plaintiff's 76 Second Motion to Withdraw as Attorney is hereby GRANTED. (FTR-Ctrm C6-10:36-10:46) (Magistrate Judge KENNETH J. MANSFIELD)(rls, )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 Modified on 4/27/2017 (rls, ). (Entered: 04/20/2017)
822017-05-17 STIPULATION TO DISMISS WITH PREJUDICE ALL CLAIMS AND PARTIES. APPROVED AS TO FORM and Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/17/2017. (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: 05/17/2017)