Myla Wyatt v. Lehman Brothers Bank, FSB et al
| California Central District Court | |
| Judge: | Philip S Gutierrez |
| Referred: | Paul L Abrams |
| Case #: | 2:14-cv-09824 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1444 Notice of Removal - Foreclosure |
| Case Filed: | Dec 24, 2014 |
| Terminated: | Jul 16, 2015 |
| Last checked: Monday Jun 22, 2015 5:57 AM PDT |
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Defendant
Lehman Brothers Bank, FSB
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Represented By
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Defendant
RSM&A Foreclosure Services LLC
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Defendant
Does
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Defendant
RSM and A Foreclosure Services LLC
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Plaintiff
Myla Wyatt
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Mortgage Electronic Registation Systems, Inc.
Terminated: 02/17/2015
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Represented By
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Defendant
Nationstar Mortgage LLC
Terminated: 02/17/2015
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Represented By
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Defendant
Aurora Commercial Corp.
Terminated: 04/16/2015
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Represented By
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Defendant
U.S. Bank, N.A.
Terminated: 02/17/2015
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Represented By
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| Docket last updated: 9 hours ago |
| Friday, July 17, 2015 | ||
| 37 | 37
misc
Letter of Transmittal - Remand to Superior Court (CV-103) - optional html form
Fri 07/17 8:04 AM
TRANSMITTAL of documents to Superior Court for the State of California. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court for the State of California. (lom) |
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| Thursday, July 16, 2015 | ||
| 36 | 36
order
Remand Case to State Court
Fri 07/17 8:02 AM
MINUTES (In Chambers): Order GRANTING Plaintiff's motion to remand31 by Judge Philip S. Gutierrez. For the foregoing reasons, the Court GRANTS Plaintiffs motion to remand. This action is hereby REMANDED to state court. IT IS SO ORDERED. Case Remanded to Los Angeles Superior Court at Chatsworth; case no. PC055674. MD JS-6. Case Terminated. (lom) |
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| Friday, July 10, 2015 | ||
| 35 | 35
respm
Reply (Motion related)
Fri 07/10 2:53 PM
REPLY to Plaintiff's Late-Filed Opposition to MOTION to Dismiss First Amended Complaint 26 filed by Defendants Mortgage Electronic Registation Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A.. (Esposito, Matthew) |
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| Thursday, July 09, 2015 | ||
| 34 | 34
respm
Objection/Opposition (Motion related)
Thu 07/09 9:38 AM
Opposition Opposition re: MOTION to Dismiss First Amended Complaint 26 filed by Plaintiff Myla Wyatt. (Ensafi, Laleh) |
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| Monday, June 29, 2015 | ||
| 33 | 33
respm
Objection/Opposition (Motion related)
Mon 06/29 12:33 PM
OPPOSITION to Plaintiff's Motion to Remand re: MOTION to Remand Case to Los Angeles Superior Court31 filed by Defendants Mortgage Electronic Registation Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A.. (Esposito, Matthew) |
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| Friday, June 12, 2015 | ||
| 32 | 32
testxtonly
Text Only Scheduling Notice
Fri 06/12 11:41 AM
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT26 is continued to July 20, 2015 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) |
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| Wednesday, May 20, 2015 | ||
| 31 | 31
motion
Remand Case to State Court
Wed 05/20 2:38 PM
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Myla Wyatt. Motion set for hearing on 7/20/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Ensafi, Laleh) |
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| 30 | 30
order
Striking Electronically Filed Documents (G-106)
Wed 05/20 1:46 PM
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Remand Case28 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: The hearing date selected was closed on 05/01/2015 as to any new motion. (bm) |
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| Tuesday, May 19, 2015 | ||
| 29 | 29
notice
Deficiency in Electronically Filed Documents (G-112A)
Tue 05/19 9:15 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Remand Case28 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below: Motion is noticed for a date that is closed on the court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
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| Monday, May 18, 2015 | ||
| 28 | 28
motion
Remand Case to State Court
Mon 05/18 5:47 PM
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Myla Wyatt. Motion set for hearing on 6/22/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Ensafi, Laleh) |
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| Friday, May 01, 2015 | ||
| 27 | 27
notice
Deficiency in Electronically Filed Documents (G-112A)
Fri 05/01 9:14 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachments 1 and 2: Request for Judicial Notice26 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below The correct event is: Requests-For Judicial Notice.: A Request for Judicial Notice should be e-filed as a separate, stand-alone document from the Notice of Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
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| Thursday, April 30, 2015 | ||
| 26 | 26
motion
Dismiss (cause or other)
Thu 04/30 12:53 PM
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Mortgage Electronic Registation Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A.. Motion set for hearing on 6/22/2015 at 01:30 PM before Judge Philip S. Gutierrez.(Esposito, Matthew) |
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Att: 1
RJN (Part 1 of 2),
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Att: 2
RJN (Part 2 of 2)
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| Thursday, April 16, 2015 | ||
| 25 | 25
order
Stipulation and Order ~Util - Add and Terminate Parties
Fri 04/17 9:36 AM
ORDER GRANTING STIPULATION OF DISMISSAL24 by Judge Philip S. Gutierrez. GOOD CAUSE APPEARING, Defendant Aurora Commercial Corp., successor entity to Aurora Bank FSB, f/k/a Lehman Brothers Bank FSB is hereby dismissed with prejudice in conformity with the stipulation made herein. IT IS SO ORDERED. (lom) |
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| Tuesday, April 14, 2015 | ||
| 24 | 24
stip
Dismiss Party
Tue 04/14 4:37 PM
STIPULATION to Dismiss Defendant Aurora Commercial Corp. filed by Plaintiff Myla Wyatt.(Ensafi, Laleh) |
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Att: 1
Proposed Order re Stipulation
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| Monday, April 13, 2015 | ||
| 23 | 23
othcmp
Amended Complaint/Petition
Mon 04/13 6:15 PM
First Amended Complaint AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery),, filed by Plaintiff Myla Wyatt(Ensafi, Laleh) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B
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| Friday, March 13, 2015 | ||
| 22 | 22
order
Vacate
Fri 03/13 4:35 PM
MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting15 Motion to Vacate: Thus, for the foregoing reasons, the Court GRANTS Plaintiff's motion to set aside dismissal. Plaintiff is ORDERED to file a First Amended Complaint ("FAC") consistent with the Court's Order granting Defendant Aurora Commercial Corp.'s motion to dismiss by April 13, 2015. See Dkt. 21 ("March 12, 2015 Order"). This FAC is to address any deficiencies briefed by Defendants motion, Dkt. No. 8, and not dealt with in the Court's March 12, 2015 Order. (see document for further details) (bm) |
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| Thursday, March 12, 2015 | ||
| 21 | 21
order
Dismiss Case
Thu 03/12 1:22 PM
MINUTES (IN CHAMBERS) ORDER GRANTING Defendant's motion to dismiss by Judge Philip S. Gutierrez granting12 Motion to Dismiss Case: For the reasons stated above, the Court GRANTS Defendant's motion. The following claims are dismissed WITHOUT LEAVE TO AMEND: (1) First Cause of Action for Racial Discrimination; (2) Third Cause of Action for Wrongful Foreclosure to the extent that it is based on challenges to the loan's securitization; (3) Seventh Cause of Action for Unconscionability under UCC 2-302; (4) Eighth Cause of Action for Predatory Lending in violation of California Business and Professions Code; and (5) Eleventh Cause of Action for Injunctive Relief. The following claims are dismissed WITH LEAVE TO AMEND: (1) Second Cause of Action for Breach of Written Contract; (2) Third Cause of Action for Wrongful Foreclosure to the extent that it is not based on a challenge to the loan's securitization; (3) Fourth Cause of Action for Violation of California Civil Code Section 2923.6; (4) Fifth Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Sixth Cause of Action for Breach of Fiduciary Duty; (6) Ninth Cause of Action for Negligence; (7) Tenth Cause of Action for Intentional Infliction of Emotional Distress; and (7) Twelfth Cause of Action for violation of the HBOR. Plaintiff may file a First Amended Complaint ("FAC") consistent with this opinion no later than April 13, 2015. If Plaintiff fails to file a FAC by that date, the claims that have been dismissed with leave to amend will be dismissed with prejudice. (see document for further details) (bm) |
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| Wednesday, March 11, 2015 | ||
| 20 | 20
testxtonly
Text Only Scheduling Notice
Wed 03/11 11:48 AM
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANT AURORA COMMERCIAL CORP.'S MOTION TO DISMISS COMPLAINT12 set for hearing on 03/16/15 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) |
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| Monday, March 02, 2015 | ||
| 19 | 19
respm
Reply (Motion related)
Mon 03/02 12:37 PM
REPLY in Further Support of MOTION to Dismiss Case 12 filed by Defendant Aurora Commercial Corp.. (Lueck, Dennis) |
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| Friday, February 27, 2015 | ||
| 18 | 18
respm
Objection/Opposition (Motion related)
Fri 02/27 12:33 PM
Opposition to Plaintiff's Motion to Vacate Order in Opposition re: MOTION to Vacate Order on Motion to Dismiss,,14 15 filed by Defendants Mortgage Electronic Registation Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A.. (Esposito, Matthew) |
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| Tuesday, February 24, 2015 | ||
| 17 | 17
notice
Deficiency in Electronically Filed Documents (G-112A)
Tue 02/24 11:46 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to Motion to Dismiss16 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Opposition to Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
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| Monday, February 23, 2015 | ||
| 16 | 16
motion
Dismiss Case
Mon 02/23 11:30 PM
NOTICE OF MOTION AND MOTION to Dismiss Case OPPOSITION TO MOTION TO DISMISS FILED BY AURORA COMMERCIAL CORP filed by plaintiff Myla Wyatt. Motion set for hearing on 3/16/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Ensafi, Laleh) |
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| 15 | 15
motion
Vacate
Mon 02/23 2:11 PM
NOTICE OF MOTION AND MOTION to Vacate Order on Motion to Dismiss,,14 filed by Plaintiff Myla Wyatt. Motion set for hearing on 4/6/2015 at 01:30 PM before Judge Philip S. Gutierrez.(Ensafi, Laleh) |
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Att: 1
Exhibit Exhibit 1
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| Tuesday, February 17, 2015 | ||
| 14 | 14
order
Dismiss
Wed 02/18 10:23 AM
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting8 Motion to Dismiss: Defendants' motion is set for hearing on March 2, 2015. See Dkt. No. 8. As a result, Plaintiff's opposition brief was due by February 9, 2015. See L.R. 7-9. Plaintiff has not filed an opposition. Accordingly, pursuant to Local Rule 7-12, the Court deems Plaintiff to have consented to the motion. Plaintiff has not requested leave to amend. Therefore, Plaintiff's claims are DISMISSED without leave to amend. (bm) |
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| Wednesday, January 21, 2015 | ||
| 13 | 13
misc
For Judicial Notice
Wed 01/21 1:08 PM
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 12 filed by Defendant Aurora Commercial Corp..(Lueck, Dennis) |
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Att: 1
Exhibit A-E
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| 12 | 12
motion
Dismiss Case
Wed 01/21 1:02 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Aurora Commercial Corp.. Motion set for hearing on 3/16/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Lueck, Dennis) |
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| Wednesday, December 31, 2014 | ||
| 11 | 11
service
Proof of Service (subsequent documents)
Wed 12/31 2:36 PM
OF SERVICE filed by Defendant Aurora Commercial Corp., served on 12/31/14.(Lueck, Dennis) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| 10 | 10
stip
Extending Time to Answer (30 days or less)
Wed 12/31 2:30 PM
STIPULATION Extending Time to Answer the complaint as to Aurora Commercial Corp. answer now due 1/21/2014, filed by Defendant Aurora Commercial Corp..(Lueck, Dennis) |
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| 9 | 9
misc
For Judicial Notice
Wed 12/31 11:27 AM
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss 8 filed by Defendants Mortgage Electronic Registation Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A.. (Esposito, Matthew) |
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| 8 | 8
motion
Dismiss (cause or other)
Wed 12/31 11:25 AM
NOTICE OF MOTION AND MOTION to Dismiss filed by Defendants Mortgage Electronic Registation Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A.. Motion set for hearing on 3/2/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Esposito, Matthew) |
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| 7 | 7
notice
Certificate/Notice of Interested Parties
Wed 12/31 11:24 AM
CERTIFICATE of Interested Parties identifying Nationstar Sub1 LLC; Nationstar Sub2 LLC; Nationstar Mortgage Holdings, Inc.; U.S. Bancorp; and MERSCORP. (Attorney Matthew J Esposito added to party Mortgage Electronic Registation Systems, Inc.(pty:dft), Attorney Matthew J Esposito added to party Nationstar Mortgage LLC(pty:dft), Attorney Matthew J Esposito added to party U.S. Bank, N.A.(pty:dft))(Esposito, Matthew) |
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| Tuesday, December 30, 2014 | ||
| 6 | 6
order
Initial Order upon Filing of Complaint - form only
Tue 12/30 8:49 AM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) |
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| Monday, December 29, 2014 | ||
| 5 | 5
notice
Deficiency in Attorney Case Opening
Mon 12/29 3:10 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening),1 . The following error(s) was found: Other error(s) with document(s): Attachments 7 Civil Cover Sheet should not have been attached. Each document should have been filed separately. You are not required to take any action in response to this notice unless the Court so directs. (ghap) |
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| 4 | 4
adr
Notice to Parties of Court-Directed ADR Program (ADR-8)
Mon 12/29 3:06 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 3 | 3
notice
Notice of Assignment to United States Judges (CV-18)
Mon 12/29 3:05 PM
NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Paul L. Abrams. (ghap) |
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| Wednesday, December 24, 2014 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Wed 12/24 10:31 AM
CORPORATE DISCLOSURE STATEMENT and Certificate of Interested Parties filed by Defendant Lehman Brothers Bank, FSB identifying Lehman Brothers Holdings Inc. as Corporate Parent. (Lueck, Dennis) |
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| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Wed 12/24 10:29 AM
NOTICE OF REMOVAL from Los Angeles Superior Court, case number PC055674 Receipt No: 0973-14969907 - Fee: $400, filed by Defendant Lehman Brothers Bank, FSB. (Attorney Dennis N Lueck, Jr added to party Lehman Brothers Bank, FSB(pty:dft))(Lueck, Dennis) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Civil Cover Sheet
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