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06-463 - (PS) Bowman v. Associates Home Equity Services, et al.


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06-463 - (PS) Bowman v. Associates Home Equity Services, et al.
June 14, 2006
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ORDER signed by Judge Gregory G. Hollows on 6/14/06 ORDERING that the hearing on dfts' 5 motion to dismiss before Judge Moulds is hereby VACATED and rescheduled pursuant to the reassignment of this case to the magistrate judge. Motion Hearing re-set for 7/27/2006 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)
July 14, 2006
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ORDER signed by Judge Gregory G. Hollows on 7/14/06 pursuant to 8 dfts' request, the hearing on dfts' motion to dismiss is hereby RESCHEDULED. Motion Hearing RESET for 8/31/2006 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.. (Yin, K)
August 3, 2006
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ORDER signed by Judge Gregory G. Hollows on 8/2/06 ORDERING that the 8/31/06 hearing on defendants' 5 motion to dismiss is rescheduled to Thursday 9/21/06 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows, unless further ordered by the court.(Caspar, M)
September 12, 2006
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ORDER signed by Judge Edmund F. Brennan on 9/11/06: Dfts' request for a continuance is GRANTED 13. Motion Hearing reset for 10/4/2006 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. Pltf shall file an opposition (or statement of non-opposition) to the motion no later than September 20,2006.(Kaminski, H)
November 1, 2006
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ORDER AND FINDINGS and RECOMMENDATIONS recommending that all portions of the complaint requesting any damages under California's Unfair Competition Law be stricken, including paragraphs 39 and 40 of the complaint and relevant portions of the "prayer for relief."Defendant Citi Financial Mortgage's motion to strike portions of the complaint and "prayer for relief" to exclude any requests for punitive damages with regard to plaintiff's claim for breach of contract be denied 1. ORDERING that plaintiff's third cause of action for breach of fiduciary duty is dismissed with 30 days leave to amend.Plaintiff's fifth cause of action for conversion is dismissed with 30 days leave to amend. Failure to amend the complaint within 30 days from the date of service of this order shall result in a recommendation that the third and fifth causes of action be dismissed with prejudice signed by Judge Edmund F. Brennan on 11/1/06. Objections to F&R due within ten days.(Kaminski, H)
December 19, 2006
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FINDINGS and RECOMMENDATIONS recommending that plaintiff's third cause of action for breach of fiduciary duty and fifth cause of action for conversion be dismissed without prejudice 1. Objections to F&R due within 20 days signed by Judge Edmund F. Brennan on 12/18/06. (Kaminski, H)
March 20, 2007
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ORDER ADOPTING PROPOSED FINDINGS and RECOMMENDATIONS 19 in full, signed by Judge David F. Levi on 3/19/2007 ORDERING Pltf's 3rd cause of action for breach of fiduciary duty and 5th cause of action for conversion are DISMISSED without prejudice 5.(Reader, L)
July 20, 2007
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ORDER signed by Judge Edmund F. Brennan on 7/20/07Motion Hearing continued to 8/15/2007 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall show cause in writing no later than 10 days from the date of this order why sanctions should not be imposed for failure to file an opposition or a statement of non-opposition to the pending motion. Plaintiff shall file an opposition, if any, to the motion, or a statement of non-opposition thereto, no later than 10 days from the date of this order. (Plummer, M)
February 20, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/19/08 ORDERING that the 30 order to show cause is DISCHARGED; should the district judge adopt these F&R in full, plt to file a second amended cmplt w/in 10 days of service order; and the parties to submit status reports w/in 20 days of the district judge's ruling on these F&R and RECOMMENDING that dft's 26 motion to dismiss be granted; pltf's claim for conversion be dismissed; and paragraphs 24,31 and 32 of the 24 first amended cmplt, as well as paragraphs 1 and 2 of prayer for relief, be stricken to the extent they seek punitive damages. Motion referred to Judge Ralph R. Beistline, Objections to F&R due w/in 10 days. (Yin, K)
March 31, 2008
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ORDER signed by Judge Ralph R. Beistline on 3/31/08 ADOPTING 18 FINDINGS and RECOMMENDATIONS. All portions of the complaint requesting any damages under Californias Unfair Competition Law are stricken, including paragraphs 39 and 40 of the complaint and relevant portions of the prayer for relief. Defendant Citi Financial Mortgages motion to strike portions of the complaint and prayer for relief to exclude any requests for punitive damages with regard to plaintiffs claim for breach of contract is denied. (Anderson, J)
April 4, 2008
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ORDER signed by Judge Ralph R. Beistline on 4/4/2008 ORDERING 34 Findings and Recommendations are ADOPTED in FULL. Defendant's 26 Motion to Dismiss is GRANTED. Plaintiff's claim for conversion is DISMISSED; and paragraphs 24, 31 and 32 of the first amended complaint, as well as paragraphs 1 and 2 of the prayer for relief, are STRICKEN to the extent they seek punitive damages.(Waggoner, D)
May 29, 2008
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/29/08: According, plaintiff is ordered to show cause, in writing, within ten days from the date of service of this order why this case should not be dismissed for failure to obey court orders and for failure to prosecute. (Kaminski, H)
July 10, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/9/08 RECOMMENDING that this action be dismissed without prejudice and that the Clerk be directed to close this case. Objections to F&Rs due within 10 days. (Engbretson, K.)
August 28, 2008
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ORDER signed by Judge John A. Mendez on 8/28/08 ORDERING that the FINDINGS and RECOMMENDATIONS filed 7/10/08 40 are ADOPTED. This Action is DISMISSED without prejudice. The Clerk is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)