Dick v. American Home Mortgage Servicing Inc., et al

Filing 29

ORDER signed by Senior Judge William B. Shubb on 7/12/2013 granting 22 counsel for defendants Bruce Bauer's request to appear by telephone at the 7/15/2013 hearing on the motion to withdraw reference at 2:00 PM. The Courtroom deputy shall email counsel with instructions on how to participate in the telephone call. (Kirksey Smith, K)

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Michael R. Brooks, State Bar No. 167315
Bruce T. Bauer, State Bar No. 149781
BROOKS BAUER, LLP
2677 N. Main Street, Suite 560
Santa Ana, CA 92705-6632
Telephone [phone]; Facsimile [phone]
Attorneys for Defendants, Homeward Residential, Inc. f/k/a American Home Mortgage
Servicing, Inc.; Power Default Services, Inc.; and Deutsche Bank National Trust Company, as
Trustee for Ameriquest Mortgage Securities Inc., Asset backed Pass-Through Certificates,
Series 2003-7

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
GABRIEL A. DICK and
JILL DICK
Plaintiffs,
v.
American Home Mortgage Servicing, Inc.
Ameriquest Mortgage Co.
Ameriquest Mortgage Securities Inc.
Deutsche Bank National Trust
Town and Country Title Services
Citi Residential Lending
Power Default Services, Inc.
Defendants.

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Case No. 2:13-cv-00201-WBS-CKD
Hon. Judge William B. Shubb
(from Referred Bankruptcy Case Adv.
Proceeding No. 2:12-ap-2007-C /
Bankruptcy Case No. 11-45476-C-7)
ORDER GRANTING
DEFENDANTS’ REQUEST FOR
PERMISSION TO APPEAR
TELEPHONICALLY AT THE
HEARING ON PLAINTIFFS'
MOTION TOWITHDRAW
REFERENCE
Hearing
Date: July 15, 2013
Time: 2:00 a.m.
CTRM: 5 – 14th Floor
Adv. Complaint Filed: January 5, 2012
Trial Date: None

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-1[PROPOSED] ORDER GRANTING REQUEST FOR PERMISSION TO APPEAR
TELEPHONICALLY

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The Court having reviewed Defendants, Homeward Residential, Inc. f/k/a American Home

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Mortgage Servicing, Inc. (“AHMSI”); Power Default Services, Inc. (“Power Default”); and

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Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc.,

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Asset backed Pass-Through Certificates, Series 2003-7 (“Deutsche Bank, as

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Trustee”)(sometimes collectively “Defendants”), Defendant Citi Residential Lending Inc.'s

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(Citi) moving papers hereby rules as follows:

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1. The request to appear telephonically is hereby GRANTED;

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2. The Courtroom deputy shall email counsel with instructions on how to participate in

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the telephone call. Counsel for Defendants can be reached at the day of the hearing at 714-5581961. The email address for counsel is [e-mail].

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Dated: July 12, 2013

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-2[PROPOSED] ORDER GRANTING REQUEST FOR PERMISSION TO APPEAR
TELEPHONICALLY

PROOF OF SERVICE
Case Adv. Proceeding No. 2:12-ap-2007-C
DC No. BTB-

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I am employed in the County of Orange, State of California. I am over the age of 18
and not a party to the within action; my business address is 2677 N. Main Street, Suite 560,
Santa Ana, CA 92705-6632.

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On July 12, 2013, I served a copy of the following document(s): [PROPOSED]
ORDER GRANTING DEFENDANTS’ REQUEST FOR PERMISSION TO
APPEAR TELEPHONICALLY AT THE HEARING ON PLAINTIFFS'
MOTION TOWITHDRAW REFERENCE on the interested parties in this action:

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X

BY MAIL: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited
with the U.S. postal service on that same day with First Class postage, thereon fully
prepaid at Santa Ana, California in the ordinary course of business. I am aware that
on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in
affidavit. I have placed a true and correct copy thereof in a sealed envelope(s) with
postage thereon fully prepaid addressed as follows:

X

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BY ELECTRONIC MAIL: I hereby certify that I electronically transmitted the
attached document(s) to the Clerk’s Office using the eCalWebFiling of the United
States Bankruptcy Court, Eastern District of California for filing and
transmittal to the below listed eCalWebFiling registrant(s).

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BY OVERNIGHT MAIL: I am “readily familiar” with the firm’s practice of
collection and processing correspondence for overnight delivery. Under that practice,
it would be retrieved by an OVERNITE EXPRESS representative during his regularly
scheduled daily collection, deposited in the regularly utilized collection box for
OVERNITE EXPRESS, or deposited with an OVERNITE EXPRESS representative
at an OVERNITE EXPRESS office on that same day with delivery fees thereon fully
prepaid at Santa Ana, California in the ordinary course of business. I have placed a
true and correct copy thereof in a sealed envelope(s) designated by OVERNITE
EXPRESS, with delivery fees thereon fully prepaid and addressed as follows:
Gabriel Dick
11603 Northern Lights Drive
Grass Valley, CA 95949
Home: [phone]
Cell: [phone]

Jill Dick
11603 Northern Lights Drive
Grass Valley, CA 95949
Home: [phone]
Cell: [phone]
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[PROPOSED] ORDER GRANTING REQUEST FOR PERMISSION TO APPEAR
TELEPHONICALLY

[e-mail]
[e-mail]
Plaintiff, In Pro Per

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Trustee
Lewis D. Partridge
P.O. Box 863
Sloughhouse, CA 95683
Trustee

Donald M Scotten, Esq.
AKERMAN SENTERFITT LLP
725 South Figueroa Street, 38th Floor
Los Angeles, CA 90017-5433
T: [phone]/F: [phone]
Attorneys for Defendant,
CITI Residential Lending, Inc.
(Erroneously sued as CITI Residential
Lending)

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[e-mail]
[e-mail]
Plaintiff, In Pro Per

Bradley G. Grumbley, Esq.
Kalley R. Aman, Esq.
Brian T. Harvey, Esq.
BUCHALTER NEMER, APC
1000 Wilshire Blvd., Suite 1500
Los Angeles, CA 90017-2457
T: [phone]/F: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants,
Town and Country Title Services;
Ameriquest Mortgage Company; and
Ameriquest Mortgage Securities, Inc.

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Judge Christopher M. Klein
United States Bankruptcy Court
Eastern District of California
Sacramento Division
Department C
501 I Street, #3-200
Sacramento, CA 95814

United States Trustee
Office of the U.S. Trustee
Robert T. Matsui United States
Courthouse
501 I Street, Room 7-500
Sacramento, CA 95814
U.S. Trustee

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BY ELECTRONIC MAIL: I hereby certify that I electronically transmitted the
attached document(s) in Microsoft Word format to the Honorable Chief Judge
Christopher M. Klein at the email address of [e-mail] from my
work email address of [e-mail].

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 under penalty of perjury under the laws of the United States
that the foregoing is true and correct, and that I am employed in the office of a member of
the bar of this court at whose direction the service was made.

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Executed on July 12, 2013, at Santa Ana, California.
-4[PROPOSED] ORDER GRANTING REQUEST FOR PERMISSION TO APPEAR
TELEPHONICALLY

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/s/ Jennifer J. Vogel
JENNIFER J. VOGEL

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-5[PROPOSED] ORDER GRANTING REQUEST FOR PERMISSION TO APPEAR
TELEPHONICALLY

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