Ruben Diaz et al v. Specialized Loan Servicing LLC et al
| California Central District Court | |
| Judge: | Stephen V Wilson |
| Referred: | Karen E Scott |
| Case #: | 8:23-cv-08605 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1444 Notice of Removal - Foreclosure |
| Case Filed: | Oct 12, 2023 |
| Terminated: | Oct 09, 2024 |
| Case in other court: | Orange County Superior Court, 30-02023-01346273-CU-OR-CJC |
| Last checked: Tuesday Apr 09, 2024 1:27 AM PDT |
|
Defendant
Does
|
|
|
Defendant
Specialized Loan Servicing LLC
|
Represented By
|
|
Defendant
The Bank of New York Mellon
|
Represented By
|
|
Plaintiff
Linda Diaz
|
Represented By
|
|
Plaintiff
Ruben Diaz
|
Represented By
|
| Docket last updated: 05/16/2025 11:59 PM PDT |
| Wednesday, October 09, 2024 | ||
| 36 | 36
judgmentCV
Judgment
Wed 10/09 5:43 PM
JUDGMENT by Judge Stephen V. Wilson, Related to: R&R - Accepting Report and Recommendations,35 Pursuant to the Court's Order Accepting Report and Recommendation of U.S. Magistrate Judge, IT IS ADJUDGED that the Complaint and entire action is dismissed with prejudice. (MD JS-6, Case Terminated). (es) |
|
| 35 | 35
order
R&R - Accepting Report and Recommendations
Wed 10/09 5:41 PM
ORDER ACCEPTING REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE by Judge Stephen V. Wilson for Report and Recommendation (Issued),32 The Court accepts the findings, conclusions, and recommendations of the United States Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be entered dismissing the Complaint with prejudice and without leave to amend. (es) |
|
| Tuesday, August 27, 2024 | ||
| 33 | 33
reportrecommend
Notice of Report and Recommendation
Tue 08/27 2:39 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Karen E. Scott. Objections to R&R due by 9/10/2024. (jdo) |
|
| 32 | 32
reportrecommend
Report and Recommendation (Issued)
Tue 08/27 2:38 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. IT IS THEREFORE RECOMMENDED that the district judge issue an Order: (1) approving and accepting this R&R; (2) dismissing the Complaint with prejudice due to Plaintiffs' failures to provide initial disclosures, failure to respondto discovery, failure to communicate with opposing counsel, failure to follow the Local Rules, failure to participate in the joint stipulation process, and failure to respond to the OSC as they were ordered to do; and (3) entering judgment for Defendants. Objections to R&R due by 9/10/2024. (jdo) |
|
| 31 | 31
order
Compel
Tue 08/27 1:25 PM
ORDER RE: DEFENDANTS' MOTION TO COMPEL PLAINTIFF LINDA DIAZ'S INITIAL DISCLOSURES; ORDER AWARDING SANCTIONS OF $650.00 by Magistrate Judge Karen E. Scott: Granting22 Motion to Compel. IT IS HEREBY ORDERED that Defendants' Motion to Compel Plaintiff LINDA DIAZ's Initial Disclosures is GRANTED. IT IS HEREBY ORDERED that Plaintiff must serve her initial disclosures within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall pay Defendants $650 in sanctions within 20 days service of the notice of entry of this order. (es) |
|
| 30 | 30
order
Compel
Tue 08/27 1:23 PM
ORDER RE: DEFENDANTS' MOTION TO COMPEL PLAINTIFF RUBEN DIAZ'S INITIAL DISCLOSURES; ORDER AWARDING SANCTIONS OF $650.00 by Magistrate Judge Karen E. Scott: Granting21 Motion to Compel. IT IS HEREBY ORDERED that Defendants' Motion to Compel Plaintiff RUBEN DIAZ's Initial Disclosures is GRANTED. IT IS HEREBY ORDERED that Plaintiff must serve his initial disclosures within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall pay Defendants $650 in sanctions within 20 days service of the notice of entry of this order. (es) |
|
| 29 | 29
order
Compel Answers to Interrogatories
Tue 08/27 1:21 PM
ORDER RE: DEFENDANT SPECIALIZED LOAN SERVICING LLC'S MOTION TO COMPEL PLAINTIFF LINDA DIAZ'S RESPONSES TO INTERROGATORIES, SET ONE; ORDER AWARDING SANCTIONS OF $650.00 by Magistrate Judge Karen E. Scott: Granting20 Motion to Compel Answers to Interrogatories. IT IS HEREBY ORDERED that SLS's Motion to Compel Plaintiff LINDA DIAZ's Responses to Interrogatories, Set One is GRANTED. IT IS HEREBY ORDERED that Plaintiff must serve her verified responses without objections to SLS's Interrogatories, Set One within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall pay Defendant SLS $650 in sanctions within 20 days service of the notice of entry of this order. (es) |
|
| 28 | 28
order
Compel Answers to Interrogatories
Tue 08/27 12:43 PM
ORDER RE: DEFENDANT SPECIALIZED LOAN SERVICING LLC'S MOTION TO COMPEL PLAINTIFF RUBEN DIAZ'S RESPONSES TO INTERROGATORIES, SET ONE; ORDER AWARDING SANCTIONS OF $650.00 by Magistrate Judge Karen E. Scott: Granting19 Motion to Compel Answers to Interrogatories. IT IS HEREBY ORDERED that SLS's Motion to Compel Plaintiff RUBEN DIAZ's Responses to Interrogatories, Set One is GRANTED. IT IS HEREBY ORDERED that Plaintiff must serve his verified responses without objections to SLS's Interrogatories, Set One within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall pay SLS $650 in sanctions within 20 days service of the notice of entry of this order. (es) |
|
| 27 | 27
order
Compel
Tue 08/27 12:40 PM
ORDER RE: DEFENDANT SPECIALIZED LOAN SERVICING LLC'S MOTION TO COMPEL PLAINTIFF LINDA DIAZ'S RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE; ORDER AWARDING SANCTIONS OF $650.00 by Magistrate Judge Karen E. Scott: Granting18 Motion to Compel. IT IS HEREBY ORDERED that SLSs Motion to Compel Plaintiff LINDA DIAZs Responses to Requests for Production of Documents, Set One is GRANTED. IT IS HEREBY ORDERED that Plaintiff must serve verified responses without objections to SLS's Requests for Production of Documents, Set One within ten (10) days of the date of this Order. Plaintiff is also ordered to produce documents responsive to SLS's discovery requests within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall pay Defendant SLS $650 in sanctions within 20 days service of the notice of entry of this order. (es) |
|
| 26 | 26
order
Compel
Tue 08/27 12:37 PM
ORDER RE: DEFENDANT SPECIALIZED LOAN SERVICING LLC'S MOTION TO COMPEL PLAINTIFF RUBEN DIAZ'S RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE; ORDER AWARDING SANCTIONS OF$650.00 by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that SLS's Motion to Compel Plaintiff RUBEN DIAZ's Responses to Requests for Production of Documents, Set One is GRANTED. IT IS HEREBY ORDERED that Plaintiff must serve verified responses without objections to SLS's Requests for Production of Documents, Set One within ten (10) days of the date of this Order. Plaintiff is also ordered to produce documents responsive to SLS's discovery requests within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall pay Defendant SLS $650 in sanctions within 20 days service of the notice of entry of this order. Granting17 Motion to Compel. (es) |
|
| Wednesday, August 14, 2024 | ||
| 25 | 25
3
pgs
order
Order to Show Cause
Wed 08/14 12:09 PM
(IN CHAMBERS) ORDER to Show Cause Why Defendant's Motions to Compel Discovery (Dkt. 17-22) Should Not Be Granted as Unopposed by Magistrate Judge Karen E. Scott. Response to Order to Show Cause due by 8/23/2024. See document for further information. (es) |
|
| Thursday, July 25, 2024 | ||
| 24 | 24
respm
Declaration (Motion related)
Thu 07/25 5:29 PM
DECLARATION of Katherine Figueroa in support of MOTION to Compel Answers to Interrogatories of Plaintiff Ruben Diaz 19 , MOTION to Compel Plaintiff Ruben Diaz's Initial Disclosures 21 , MOTION to Compel Answers to Interrogatories of Plaintiff Linda Diaz 20 , MOTION to Compel Plaintiff Linda Diaz's Responses to Requests for Production, Set One 18 , MOTION to Compel Plaintiff Ruben Diaz's Responses to Requests for Production, Set One 17 , MOTION to Compel Plaintiff Linda Diaz's Initial Disclosures 22 filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon.(Figueroa, Katherine) |
|
|
Att: 1
Exhibit Exhibits 1 to 8
|
||
| 23 | 23
8
pgs
respm
Memorandum in Support of Motion
Thu 07/25 5:24 PM
MEMORANDUM in Support of MOTION to Compel Answers to Interrogatories of Plaintiff Ruben Diaz 19 , MOTION to Compel Plaintiff Ruben Diaz's Initial Disclosures 21 , MOTION to Compel Answers to Interrogatories of Plaintiff Linda Diaz 20 , MOTION to Compel Plaintiff Linda Diaz's Responses to Requests for Production, Set One 18 , MOTION to Compel Plaintiff Ruben Diaz's Responses to Requests for Production, Set One 17 , MOTION to Compel Plaintiff Linda Diaz's Initial Disclosures 22 filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon. |
|
|
Att: 1
Certification of Katherine Figueroa Pursuant to Federal Rules of Civil Procedure Rule 37(e)(1_ and Local Rule 37-1)(Figueroa, Katherine
|
||
| 22 | 22
motion
Compel
Thu 07/25 5:01 PM
NOTICE OF MOTION AND MOTION to Compel Plaintiff Linda Diaz's Initial Disclosures filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon. Motion set for hearing on 8/27/2024 at 10:00 AM before Magistrate Judge Karen E. Scott.(Figueroa, Katherine) |
|
|
Att: 1
Proposed Order
|
||
| 21 | 21
motion
Compel
Thu 07/25 4:58 PM
NOTICE OF MOTION AND MOTION to Compel Plaintiff Ruben Diaz's Initial Disclosures filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon. Motion set for hearing on 8/27/2024 at 10:00 AM before Magistrate Judge Karen E. Scott.(Figueroa, Katherine) |
|
|
Att: 1
Proposed Order
|
||
| 20 | 20
motion
Compel Answers to Interrogatories
Thu 07/25 4:49 PM
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Plaintiff Linda Diaz filed by Defendant Specialized Loan Servicing LLC. Motion set for hearing on 8/27/2024 at 10:00 AM before Magistrate Judge Karen E. Scott.(Figueroa, Katherine) |
|
|
Att: 1
Proposed Order
|
||
| 19 | 19
motion
Compel Answers to Interrogatories
Thu 07/25 4:47 PM
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Plaintiff Ruben Diaz filed by Defendant Specialized Loan Servicing LLC. Motion set for hearing on 8/27/2024 at 10:00 AM before Magistrate Judge Karen E. Scott.(Figueroa, Katherine) |
|
|
Att: 1
Proposed Order
|
||
| 18 | 18
motion
Compel
Thu 07/25 4:43 PM
NOTICE OF MOTION AND MOTION to Compel Plaintiff Linda Diaz's Responses to Requests for Production, Set One filed by Defendant Specialized Loan Servicing LLC. Motion set for hearing on 8/27/2024 at 10:00 AM before Magistrate Judge Karen E. Scott.(Figueroa, Katherine) |
|
|
Att: 1
Proposed Order
|
||
| 17 | 17
motion
Compel
Thu 07/25 4:38 PM
NOTICE OF MOTION AND MOTION to Compel Plaintiff Ruben Diaz's Responses to Requests for Production, Set One filed by Defendant Specialized Loan Servicing LLC. Motion set for hearing on 8/27/2024 at 10:00 AM before Magistrate Judge Karen E. Scott.(Figueroa, Katherine) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, June 06, 2024 | ||
| 16 | 16
order
Pretrial-Trial Scheduling Order - form only
Thu 06/06 3:23 PM
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc) |
|
| Friday, May 31, 2024 | ||
| 15 | 15
cs_rasgn
Chief District Judge Transferring Case
Sat 06/01 9:37 AM
ORDER OF THE CHIEF JUDGE (#24-087) approved by Judge Dolly M. Gee. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee. This case is transferred from Judge Cormac J. Carney to the calendar of Judge Stephen V. Wilson for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:23-cv-08605 SVW(KESx). (rn) |
|
| Thursday, December 14, 2023 | ||
| 14 | 14
order
Minutes of In Chambers Order/Directive - form only -no proceeding held
Thu 12/14 9:16 AM
ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (rrp) |
|
| 13 | 13
order
Pretrial-Trial Scheduling Order - form only
Thu 12/14 9:15 AM
SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 9/5/2024. LAST DATE TO HEAR MOTIONS is 11/4/2024. Last date to conduct settlement conference is 9/19/2024. Pretrial Conference set for 1/6/2025 at 3:00 p.m. Jury Trial set for 1/14/2025 at 8:30 a.m. (rrp) |
|
| Wednesday, November 29, 2023 | ||
| 12 | 12
misc
Joint Report Rule 26(f) Discovery Plan
Wed 11/29 3:40 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 to 5 days, filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon.. (Figueroa, Katherine) |
|
| Wednesday, October 25, 2023 | ||
| 11 | 11
service
Proof of Service (subsequent documents)
Wed 10/25 4:27 PM
CERTIFICATE OF SERVICE filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon, served on Notice of Appearance or Withdrawal of Counsel. (Figueroa, Katherine) |
|
| 10 | 10
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 10/25 3:53 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Katherine Figueroa counsel for Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon. Adding Katherine Figueroa as counsel of record for Specialized Loan Servicing LLC and The Bank of New York Mellon, fka The Bank of New York, Trustee of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14 for the reason indicated in the G-123 Notice. Filed by Defendant Specialized Loan Servicing LLC and The Bank of New York Mellon, fka The Bank of New York, Trustee of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14. (Attorney Katherine Figueroa added to party Specialized Loan Servicing LLC(pty:dft), Attorney Katherine Figueroa added to party The Bank of New York Mellon(pty:dft))(Figueroa, Katherine) |
|
| Wednesday, October 18, 2023 | ||
| 9 | 9
service
Proof of Service (subsequent documents)
Wed 10/18 5:50 PM
PROOF OF SERVICE filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon, served on October 18, 2023. (Sullivan, Mary) |
|
| Tuesday, October 17, 2023 | ||
| 8 | 8
order
Initial Order upon Filing of Complaint - form only
Tue 10/17 9:34 AM
NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on December 14, 2023. (rrp) |
|
| Monday, October 16, 2023 | ||
| 7 | 7
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Mon 10/16 4:48 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
|
| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 10/16 4:48 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
|
| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 10/16 4:47 PM
NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (car) |
|
| 4 | 4
transfer
Intradistrict Transfer - Clerical Error (G-73) - optional html form
Mon 10/16 4:24 PM
NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Cormac J. Carney for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Karen E. Scott. New Case Number 8:23-cv-08605-CJC-KESx. (car) |
|
| Thursday, October 12, 2023 | ||
| 3 | 3
CORPORATE DISCLOSURE STATEMENT filed by Defendants Specialized Loan Servicing LLC, THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, TRUSTEE OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14 identifying The Bank of New York Mellon Corporation as Corporate Parent. (Sullivan, Mary)
|
|
| 2 | 2
CIVIL COVER SHEET filed by Defendants Specialized Loan Servicing LLC, THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, TRUSTEE OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14. (Sullivan, Mary)
|
|
| 1 | 1
NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2023 01346273 Receipt No: ACACDC-36210428 - Fee: $402, filed by Defendants Specialized Loan Servicing LLC, THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, TRUSTEE OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14. (Attorney Mary Kate Sullivan added to party Specialized Loan Servicing LLC(pty:dft), Attorney Mary Kate Sullivan added to party THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, TRUSTEE OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-14(pty:dft))(Sullivan, Mary)
|
|
|
cmp
Complaint - (Discovery)
Mon 10/16 4:36 PM
CONFORMED COPY OF COMPLAINT against Defendants Does, Specialized Loan Servicing LLC, The Bank of New York Mellon. Jury Demanded, filed by Plaintiffs Linda Diaz, Ruben Diaz. Filed in State Court on 8/28/2023 Submitted with Exhibit 1 to Notice of Removal1 (car) |
||
|
answer
Answer to Complaint (Discovery)
Mon 10/16 4:39 PM
NON-CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants Specialized Loan Servicing LLC, The Bank of New York Mellon. Submitted with pg 26 to Notice of Removal1 (car) |
||