This case was last updated from U.S. District Courts on 01/21/2022 at 07:34:43 (UTC).

Beach v. Countrywide Home Loan Servicing Incorporated et al

Case Summary

On 11/22/2021 Beach filed a Property - Foreclosure lawsuit against Countrywide Home Loan Servicing Incorporated. This case was filed in U.S. District Courts, Arizona District. The Judge overseeing this case is Susan M Brnovich. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01989

  • Filing Date:

    11/22/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Foreclosure

Judge Details

Presiding Judge

Susan M Brnovich

 

Party Details

Plaintiff

Rod Allen Beach

Glendale, AZ 85306

Defendants

Countrywide Home Loan Incorporated

CWABS Incorporated

Bank of New York

Countrywide Home Loans Servicing LP

Mortgage Electronic Registration System

Unknown Parties

Attorney/Law Firm Details

Defendant Attorneys

Paloma Maria Diaz

Attorney at Snell & Wilmer LLP - Phoenix, AZ

1 Arizona Center400 E Van Buren

Phoenix, AZ 85004-2202

Gregory James Marshall

Attorney at Snell & Wilmer LLP - Phoenix, AZ

1 Arizona Center400 E Van Buren

Phoenix, AZ 85004-2202

 

Court Documents

#20

(#20) ORDER granting Defendants #14 Motion to Dismiss Plaintiffs' Complaint and directing the Clerk of Court to terminate this case. Signed by Judge Susan M. Brnovich on 1/18/2022. (ESG) (Entered: 01/19/2022)

#19

(#19) NOTICE re: No Opposition to Defendants' Motion to Dismiss Complaint by Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System re: #14 MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Complaint . (Diaz, Paloma) (Entered: 01/18/2022)

#18

(#18) ORDER that Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendant's Motion to Dismiss (Doc. 14) no later than January 7, 2022. IT IS FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge Susan M. Brnovich on 12/13/2021. (ESG) (Entered: 12/13/2021)

#16

(#16) RESPONSE in Opposition re: #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Diaz, Paloma) (Entered: 12/03/2021)

#15

(#15) NOTICE re: Certificate of Conferral by CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System re: #14 MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Complaint . (Diaz, Paloma) (Entered: 12/03/2021)

#14

(#14) MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Complaint by CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Diaz, Paloma) (Entered: 12/03/2021)

#13

(#13) ORDER granting #12 Motion for Extension of Time. IT IS FURTHER ORDERED that Defendants' have until and through December 3, 2021 to respond to Plaintiffs' Complaint and Plaintiffs' Application for Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief. Signed by Judge Susan M. Brnovich on 11/24/2021. (ESG) (Entered: 11/24/2021)

12 #2

Proposed Order

#12

(#12) First MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #1 Notice of Removal by Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Diaz, Paloma) (Entered: 11/24/2021)

#5

(#5) Corporate Disclosure Statement by Bank of America NA (Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP) identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent Berkshire Hathaway Incorporated, Corporate Parent BAC North America Holding Company for Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP. (Diaz, Paloma) (MYE) (Entered: 11/22/2021)

#4

(#4) Corporate Disclosure Statement by Mortgage Electronic Registration System identifying Corporate Parent Maroon Holding LLC, Corporate Parent Intercontinental Exchange Incorporated, Corporate Parent MERSCORP Holdings Incorporated for Mortgage Electronic Registration System. (Diaz, Paloma) (MYE) (Entered: 11/22/2021)

#2

(#2) Corporate Disclosure Statement by Bank of New York identifying Corporate Parent Bank of America NA, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of New York. (Diaz, Paloma) (MCO) (Entered: 11/22/2021)

1 #5

Exhibit

1 #4

Exhibit

1 #3

Exhibit

1 #2

Supplemental Civil Cover Sheet

1 #1

Civil Cover Sheet

#1

(#12) First MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #1 Notice of Removal by Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Diaz, Paloma) (Entered: 11/24/2021)

14 More Documents Available

 

Docket Entries

  • 01/19/2022
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  • Docket(#20) ORDER granting Defendants #14 Motion to Dismiss Plaintiffs' Complaint and directing the Clerk of Court to terminate this case. Signed by Judge Susan M. Brnovich on 1/18/2022. (ESG) (Entered: 01/19/2022)

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  • 01/18/2022
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  • Docket(#19) NOTICE re: No Opposition to Defendants' Motion to Dismiss Complaint by Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System re: #14 MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Complaint . (Diaz, Paloma) (Entered: 01/18/2022)

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  • 12/13/2021
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  • Docket(#18) ORDER that Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendant's Motion to Dismiss (Doc. 14) no later than January 7, 2022. IT IS FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge Susan M. Brnovich on 12/13/2021. (ESG) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#17) MINUTE ENTRY for proceedings held on 12/13/2021 before Judge Susan M Brnovich: This is the time set for Oral Argument re: Plaintiff's Motion for Temporary Restraining Order (Doc. #6 ). Pro Se Plaintiff is not present and is unavailable to appear due to health issues. The Court will reset the matter, if necessary after ruling on the pending motion to dismiss. APPEARANCES: Pro Se Plaintiff is NOT present. Paloma Diaz and Gregory Marshall for Defendants. (Court Reporter Christine Coaly.) Hearing held 10:54 AM to 10:55 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) (Entered: 12/13/2021)

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  • 12/03/2021
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  • Docket(#16) RESPONSE in Opposition re: #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Diaz, Paloma) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#15) NOTICE re: Certificate of Conferral by CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System re: #14 MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Complaint . (Diaz, Paloma) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#14) MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Complaint by CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Diaz, Paloma) (Entered: 12/03/2021)

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  • 11/24/2021
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  • Docket(#13) ORDER granting #12 Motion for Extension of Time. IT IS FURTHER ORDERED that Defendants' have until and through December 3, 2021 to respond to Plaintiffs' Complaint and Plaintiffs' Application for Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief. Signed by Judge Susan M. Brnovich on 11/24/2021. (ESG) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#12) First MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #1 Notice of Removal by Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Diaz, Paloma) (Entered: 11/24/2021)

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  • 11/23/2021
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  • Docket(#11) ORDER: IT IS ORDERED setting an in-person Hearing re: Motion for Temporary Restraining Order (Doc. #6 ) for 12/13/2021 at 11:00 AM (30 minutes allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Ordered by Judge Susan M Brnovich on 11/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#10) NOTICE re: Notice of Pending Motion by Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP, Mortgage Electronic Registration System re: #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 8 Notice of Deficiency (Text Only) . (Diaz, Paloma) (Entered: 11/23/2021)

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  • 11/22/2021
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  • Docket(#9) NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MYE) (Entered: 11/22/2021)

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  • 11/22/2021
  • Docket(#8) NOTICE TO FILER OF DEFICIENCY re: Document not in compliance with LRCiv 3.6(d). FOLLOW-UP ACTION REQUIRED: Please file a "Notice" of Pending Motion. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#7) Filing fee paid, receipt number 0970-20091549. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-21-1989-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#6) MOTION (Application) for Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief by Rod Allen Beach. (MYE) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#5) Corporate Disclosure Statement by Bank of America NA (Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP) identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent Berkshire Hathaway Incorporated, Corporate Parent BAC North America Holding Company for Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP. (Diaz, Paloma) (MYE) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#4) Corporate Disclosure Statement by Mortgage Electronic Registration System identifying Corporate Parent Maroon Holding LLC, Corporate Parent Intercontinental Exchange Incorporated, Corporate Parent MERSCORP Holdings Incorporated for Mortgage Electronic Registration System. (Diaz, Paloma) (MYE) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#3) Corporate Disclosure Statement by CWABS Incorporated identifying Corporate Parent Bank of New York Mellon Corporation for CWABS Incorporated. (Diaz, Paloma) (MCO) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#2) Corporate Disclosure Statement by Bank of New York identifying Corporate Parent Bank of America NA, Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of New York. (Diaz, Paloma) (MCO) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#1) *NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-053703 (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-20091549 filed by Mortgage Electronic Registration System, Bank of New York, CWABS Incorporated, Countrywide Home Loan Incorporated, Countrywide Home Loans Servicing LP. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit)(MCO) *Modified to correct party name on 11/22/2021 (MYE). (Entered: 11/22/2021)

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