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Sacramento Gary Foster v. Order Granting Request To Scme Mortgage Bankers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 10, 2011

SACRAMENTO GARY FOSTER,
PLAINTIFF,
v.
ORDER GRANTING REQUEST TO SCME MORTGAGE BANKERS, INC., A ATTEND TELEPHONICALLY CALIFORNIA CORPORATION; CLEVER KEY HEARING ON AURORA LOAN FINANCIAL, LLC, A CALIFORNIA LIMITED SERVICES LLC'S AND DEUTSCHE LIABILITY COMPANY; WEST COAST BANK TRUST COMPANY MORTGAGE, A BUSINESS ENTITY OF AMERICAS' MOTION TO DISMISS UNKNOWN FORM; HOMECOMINGS PLAINTIFF'S SECOND AMENDED FINANCIAL, LLC, A DELAWARE LIMITED COMPLAINT LIABILITY COMPANY F/K/A HOMECOMINGS FINANCIAL NETWORK, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC, A DELAWARE CORPORATION; AURORA LOAN HEARING DATE SERVICES LLC, A DELAWARE LIMITED DATE: MARCH 28, 2011 LIABILITY COMPANY; CAL-WESTERN TIME: 2:00 P.M. RECONVEYANCE CORPORATION, A CTRM: 5 -- 14TH FLOOR CALIFORNIA CORPORATION; FREDERICK WINSTON WILLIAMS II, AN INDIVIDUAL, DEBORAH DIAZ, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

SAC Filed: February 8, 2011 FAC Filed: April 28, 2010 Complaint Filed: March 3, 2010 Trial Date: None

Pursuant to the written request by counsel for defendants Aurora Loan Services LLC (Aurora) and Deutsche Bank Trust Company Americas (Deutsche Bank) to appear telephonically at the hearing on Aurora's and Deutsche Bank's motion to dismiss plaintiff's second amended complaint, set for March 28, 2011 at 2:00 p.m., this Court hereby grants such request. The courtroom deputy shall initiate the telephone conference call to counsel at (303) 260-7712.

PROOF OF SERVICE

I am employed in the City and County of Denver, State of Colorado. I am over the age of 18 and not a party to the within action. My business address is 511 16th Street, Suite 420, Denver, Colorado 80202.

On March 10, 2011, I served the following documents on the persons below as follows:

SEE ATTACHED SERVICE LIST

. (MAIL) I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this firm's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Denver, Colorado.

. (OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by Federal Express , an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive documents, a true copy of the foregoing document in sealed envelopes or packages designated by the express service carrier, addressed as stated above, with fees for overnight delivery paid or provided for.

. (MESSENGER SERVICE) I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed and provided them to a professional messenger service for service. A separate Personal Proof of Service provided by the professional messenger service will be filed under separate cover.

. (FACSIMILE) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached.

. (E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.

: (CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to the office(s) of the addressee(s) listed above by electronic mail at the e-mail address(es) set forth above pursuant to Fed.R.Civ.P.5(d)(1). "A Notice of Electronic Filing (NEF) is generated automatically by the ECF system upon completion of an electronic filing. The NEF, when e-mailed to the e-mail address of record in the case, shall constitute the proof of service as required by Fed.R.Civ.P.5(d)(1). A copy of the NEF shall be attached to any document served in the traditional manner upon any party appearing pro se."

I declare under penalty of perjury that I am employed in the office of a member of the bar of this Court at whose direction this service was made and that the foregoing is true and correct.

. (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. : (Federal) I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.

Executed on March 10, 2011, at Denver, Colorado.

Toni M. Domres (Type or print name) (Signature)

SERVICE LIST

20110310

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