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10-1916 - (PS) PNC Bank v. Smith et al


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10-1916 - (PS) PNC Bank v. Smith et al
September 10, 2010
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ORDER 9 authorizing issuance of Warrant for arrest of vessel signed by Judge John A. Mendez on 9/10/2010. (Attachments: # (1) Arrest Warrant issued for Vessel and Appurtenances) (Marciel, M)
October 7, 2010
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ORDER Appointing Substitute Custodian and Authorizing Movement and Inspection of Defendant Vessel signed by Judge John A. Mendez on 10/06/10 ORDERING that National Maritime Services, Inc. is appointed custodian of the Vessel and shall retain the Vessel in its custody for possession and safekeeping until further order of this Court. The United States Marshal for the Eastern District of California is authorized, upon seizure of the Vessel, pursuant to the Warrant for Arrest, to surrender the possession thereof to National Maritime Services, Inc. as substitute custodian named herein. (cc: US Marshal)(Williams, D)
March 16, 2011
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ORDER signed by Judge John A. Mendez on 3/15/2011 ORDERING that the Vessel, pursuant to the Warrant for Arrest, be deemed arrested and that National Maritime Services, Inc. is appointed as substitute custodian, and that the USM shall be discharged from the duties and responsibilities for the safekeeping of the Vessel and held harmless from any and all claims arising whatsoever out of said custodial services; or the USM be required to carry out and effecuate this Court's previous Orders with regard to the Arrest of the Vessel and that the Vessel be turned over to the custody of National Maritime Services, Inc which was appointed as custodian of the Vessel and National Martime Services shall retain custody for possession and safekeeping until further order of this Court and that National Liquidators, may move the Vessel from its current location to a secure facility wihtin the district, if necessary. IT IS FURTHER ORDERED that plaintiff's attorney shall serve a copy of this order on the owner of the Vessel. Clerk shall deliver three (3) certified copies of this order to USM forthwith. (cc: USM) (Waggoner, D)
March 30, 2011
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REVISED ORDER DEEMING VESSEL ARRESTED signed by Judge John A. Mendez on 3/29/11: The Vessel, pursuant to the Warrant for Arrest, shall be deemed arrested and National Maritime Services, Inc. is appointed as substitute custodian, and the United States Marshal shall be discharged from the duties and responsibilities for the safekeeping of the Vessel and held harmless from any and all claims arising whatsoever out of said custodial services. IT IS FURTHER ORDERED that Plaintiff's attorney serve a copy of this order on the owner of the Vessel. IT IS FURTHER ORDERED that the Clerk of this Court deliver three (3) certified copies of this order to the United States Marshal forthwith. (Kaminski, H)
December 21, 2011
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ORDER signed by Judge Edmund F. Brennen on 12/21/11 ORDERING that Defendants' answers are construed as a motion to motion to set aside default under Rule 55(c), and that motion is granted; The defaults that were entered by the Clerk against defendants Smith and Winding, 28, are set aside; Plaintiff's motion for default judgment, 30 is denied.(Becknal, R)
August 29, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/28/2012 ORDERING that defendant Winding's 44 motion for an extension of time is GRANTED. Defendant Winding's 44 request for sanctions is DENIED. The hearing on plaintiff's 39 motion for summary judgment is CONTINUED to 11/7/2012. Plaintiff's 43 request to appear at the 9/5/2012 hearing telephonically is DENIED AS MOOT. Within fourteen days of the date of this order, plaintiff's counsel shall re-serve defendant Winding with a copy of the summary judgment motion and shall file a proof of such service. Defendants shall file an opposition to the motion, or a statement of non-opposition thereto, and a response to plaintiff's statement of undisputed facts, no later than 10/17/2012. Failure of defendants to comply with this order may be deemed a statement of non-opposition to the motion, and may result in a recommendation that the motion be granted and/or that defendants' answers be stricken and their default be entered due to their failure to comply with court orders and this court's Local Rules. Plaintiff may file a reply to defendants' opposition(s), if any, on or before 10/24/2012. (Zignago, K.)
January 15, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/14/2013 RECOMMENDING that plaintiff's 39 motion for summary judgment be denied. IT IS FURTHER ORDERED that a status (pretrial scheduling) conference is set for 3/6/2013, at 10:00 a.m. in Courtroom No. 8 before Magistrate Judge Edmund F. Brennan. Not later than fourteen (14) days prior to the status conference, the parties shall file status reports. (Zignago, K.)
March 18, 2013
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ORDER signed by Judge John A. Mendez on 3/18/2013 ADOPTING 56 Findings and Recommendations and DENYING 39 Motion for Summary Judgment. (Donati, J)
June 18, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2013 GRANTING 65 Motion to Amend the Answer and to file Proposed Counterclaims; ORDERING Defendant Smith to file her Amended Answer with Proposed Counterclaims within 14 days; ORDERING Plaintiffs to respond to Defendant's Counterclaims within the time frame prescribed by the Federal Rules of Civil Procedure. (Michel, G)
March 6, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/6/2014 DENYING 84 Motion to Strike as superfluous. The court is not considering the 79 Declaration of Brian Lutton in ruling on this Rule 12(b)(6) motion. It is further RECOMMENDED: that 78 Motion to Dismiss be granted; defendant Smith's counterclaims be dismissed in their entirety with leave to amend; and that defendant Smith be given 30 days from the date of any order adopting these findings and recommendations to file an amended pleading curing the deficiencies identified herein. Objections due within 14 days after being served with these findings and recommendations. Motion referred to Judge John A. Mendez. (Donati, J)
March 7, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/7/2014 GRANTING-IN-PART 92 Motion for Sanctions. Plaintiff shall RE-NOTICE the depositions for defendants for a date selected by plaintiff. Defendants are to appear at their deposition on the dates set by plaintiff. The depositions are to take place no later than 4/4/14. Plaintiff is awarded the reasonable expenses incurred, including attorney's fee, for bringing this motion in the amount of $1,650. Plaintiff is entitled to its reasonable expenses incurred by defendants failure to attend depositions. Within 14 days of the date of this order, plaintiff shall file a declaration regarding time and costs. Defendants are ADMONISHED that failure to comply with this order could result in the imposition of sanction. (Donati, J)
March 31, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/31/2014 ORDERING this action STAYED pending resolution of defendant Winding's bankruptcy petition. The parties shall notify this court within 14 days of the resolution of the bankruptcy proceedings. The Clerk shall administratively terminate this case. Winding's 97 Motion to Vacate Order is DENIED without prejudice. CASE ADMINISTRATIVELY CLOSED.(Donati, J)
June 5, 2014
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ORDER signed by Judge John A. Mendez on 6/4/14 ORDERING that the Proposed Findings and Recommendations filed 3/6/14 94 are ADOPTED; Plaintiff's MOTION to DISMISS defendant Smith's Counterclaims 78 is GRANTED; Defendant Smith's counterclaim is DISMISSED in its entirety with leave to amend; and Defendant Smith is GRANTED 30 days from the date of this order to file an amended pleading curing the deficiencies identified in the Magistrate Judge's Findings and Recommendations.(Mena-Sanchez, L)
August 13, 2014
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ORDER CONTINUING FINAL PRETRIAL CONFERENCE signed by Judge John A. Mendez on 8/12/14 GRANTING 145 Request for Continuance. Final Pretrial Conference CONTINUED to 11/14/2014 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez, Jury Trial CONTINUED to 3/16/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. All related dates, including the date to file pre-trial materials, are similarly continued per Local Rule. (Meuleman, A)
September 12, 2014
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 9/11/14 ORDERING that the hearing on plaintiff's 142 motion to dismiss is CONTINUED to 10/15/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Defendant Smith shall show cause, in writing, no later than 10/1/2014, why sanctions should not be imposed. Defendant Smith shall file an opposition to the motion, or a statement of non-opposition no later than 10/1/2014. Plaintiff may file a reply to defendant Smith's opposition, if any, on or before 10/8/2014. (Kastilahn, A)
October 9, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/14 ORDERING that the hearing on Plaintiff's MOTION to DISMISS 142, is CONTINUED to 11/12/2014. Defendant Smith shall show cause, in writing, no later than 10/29/2014, why sanctions should not be imposed for failure to timely file an opposition or a statement of nonopposition to the pending motion. Defendant Smith shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 10/29/14. Plaintiff may file a reply to defendant Smith's opposition, if any, on or before 11/5/14. (Mena-Sanchez, L)
March 16, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/16/2015 DENYING 153 Winding's Motion for a 120-day extension of time, DENYING 109 Smith's Motion for Reconsideration and DENYING 133 Smith's Motion to Strike. It is HEREBY RECOMMENDED that: the 112 Plaintiff's Motion for evidentiary sanctions be granted in part, and defendants be precluded from offering evidence in opposition to plaintiff's claim or in support of their respective counterclaims; Plaintiff's 113 Motion for Summary Judgment be granted in part; Plaintiff's 142 Motion to Dismiss be denied as moot; and that the Clerk be directed to enter judgment under FCRP 54(b) on all claims save and except the issue of the amount of the deficiency judgment to be entered against Smith. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
August 11, 2015
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ORDER signed by Judge John A. Mendez on 8/11/2015. Court reiterates and confirms, per Court 19 Order, the Vessel deemed arrested by U.S. Marshal and is under present authority notwithstanding fact that U.S. Marshal did not actually arrest Vessel. U.S. Marshal shall exercise authority so as to five effect to Court's existing 19 161 Orders with respect to Vessel. Plaintiff PNC Bank shall post customary deposit required by U.S. Marshal. They shall take physical custody of Vessel and/or move it from its present location at Delta Boat Works to extend necessary or convenient to facilitate completion of judicial sale. U.S. Marshal & plaintiff PNC Bank, via its counsel are directed to cooperate with each other so as to permit Bank to obtain necessary Court approval of notice & sale mechanics. Clerk shall deliver 3 certified copies of Order to U.S. Marshal forthwith. [cc: 3 certified copies of Order served on U.S. Marshal Services] (Marciel, M)
November 2, 2015
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ORDER denying without prejudice 169 Motion to Proceed IFP signed by Magistrate Judge Edmund F. Brennan on 11/2/15. (cc:USCA) (Kaminski, H)
September 14, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/13/2016 RECOMMENDING that plaintiff's 173 motion authorizing the sale of Vessel and credit bid be granted. Defendant B & B DREAMIN', Hull No. GMKD283C505, its engines, machinery, appurtenances, etc., in rem ("the Vessel") be sold by the United States Marshal. The Clerk of the Court be directed to issue a Writ of Venditioni Exponas for the sale of the vessel. A Notice of Sale be published by plaintiff in the Sacramento Bee. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
December 14, 2016
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ORDER signed by District Judge John A. Mendez on 12/14/2016 confirming sale without motion and authorizing release of funds to plaintiff PNC Bank, N.A. (Zignago, K.)
December 14, 2016
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JUDGMENT signed by District Judge John A. Mendez on 12/14/2016 ORDERING that the Clerk of the Court forthwith issue payment from the sum deposited by the USM as to the sale of the Vessel, in the sum of $41,000.00, and that such sum, payable to PNC Bank, N.A. be transmitted to Plaintiff's counsel of record. (cc: Financial) (Zignago, K.)
December 19, 2016
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ORDER signed by District Judge John A. Mendez on 12/19/16 ORDERING that interest was not addressed in the 198 12/14/16 Judgment, therefore the Clerk is DIRECTED to issue payment of any interest earned payable to PNC Bank, N.A. and be transmitted to plaintiff's counsel of record (cc: Financial). (Benson, A)
February 16, 2017
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AMENDED ORDER signed by District Judge John A. Mendez on 2/16/2017 ORDERING 202 that the sale of the Vessel on 11/16/2016 at 10:00 AM, to Global Capital Concepts, in the amount of $41,000.00, pursuant to Preferred Ship Mortgage of Plaintiff PNC Bank, NA and the same having been foreclosed, thereby foreclosing out all other liens, claims and interests subordinate thereto, in ad to the Vessel, be and hereby is CONFIRMED. (Reader, L)
February 16, 2017
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ORDER signed by District Judge John A. Mendez on 2/16/2017 ORDERING the federal appropriate agencies, including the USM for the EDCA, Dept of Homeland Security and/or the US Coast Guard, are hereby ORDERED to issue a revised Bill of Sale with respect to the Vessel as to Buyer, reflecting the correct Hull No. RGMKD283C505. (Reader, L)