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10-2799 - (PS) Becker et al v. Wells Fargo Bank, NA, Inc. et al


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10-2799 - (PS) Becker et al v. Wells Fargo Bank, NA, Inc. et al
October 27, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/10 ORDERING that Plaintiff's Request to use Electronic Filing 6 is DENIED. (Mena-Sanchez, L)
November 12, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/2010 ORDERING that Pltf's 13 motion for leave to file a first supplemental complaint is DENIED. On or before 12/10/2010, Pltf shall file a document entitled First Amended Complaint which will be the operative complaint in this action. Dfts' 11 Motion to Dismiss is DENIED as moot. (Zignago, K.)
November 12, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/12/2010 re 14 Motion for Preliminary Injunction (TRO) filed by Dennly R. Becker ORDERING Motion for a Preliminary Injunction Hearing SET for 12/6/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Defendant's shall file an opposition or statement of non-opposition on or before 11/22/2010. Plaintiff may file a reply on or before 11/29/2010. (Waggoner, D)
December 14, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/13/2010 GRANTING 14 Plaintiff's motion for a preliminary injunction is GRANTED. The foreclosure sales of the Shelborne property, the Third Street property, and the Larkflower property are ENJOINED; pltf SHALL POST BOND in the amount of $500 within 14 days of the issuance of this order. Counsel for dfts is hereby ORDERED TO SHOW CAUSE in writing why sanctions should not issue in accordance with LR 110, including a fine of $150, for his failure to timely file an opposition to pltf's motion. Counsel shall file a response to this order to show cause within 14 days of the issuance of this order. (Reader, L)
January 11, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 1/10/11 ORDERING Defendants to file a response to Plaintiffs' MOTION 24 by 1/14/11. The Court further orders Plaintiff to serve a copy of the Court's order granting a preliminary injunction 21, and this order upon Cal-Western Reconveyance Corporation. Counsel for defendants is SANCTIONED in the amount of one hundred and fifty ($150.00) dollars. This sum shall be paid to the Clerk of the Court no later than thirty (30) days from the date of this order. Counsel shall file an affidavit accompanying the payment of this sanction which states that it is paid personally by counsel, out of personal funds, and is not and will not be billed, directly or indirectly, to the client or in any way made the responsibility of the client as attorney' fees or costs. Counsel for defendants is ORDERED TO SHOW CAUSE in writing why sanctions for failure to respond to the 12/15/10 OSC and to timely file an opposition or statement of non-opposition to the motion for a preliminary injunction in the form of a fine of $1,000 and/or an order of judgment for plaintiff should not issue in accordance with Local Rule 110. Counsel shall file a response to this order to show by no later than 1/14/2011. (Mena-Sanchez, L)
January 21, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 1/21/2011 ORDERING that counsel for defendant is FURTHER SANCTIONED in the amount of $350.00; this sum shall be paid to the Clerk of the Court no later than 30 days from the date of this order. (Reader, L)
February 3, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/2/11: 24, 26 and 27 Motion Hearings reset for 3/3/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Manzer, C)
March 18, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/11 ORDERING that Plaintiff's Ex Parte MOTION for 1) Order To Show Cause why Defendants should not be heald in contempt and sanctioned, 2) Order for Rescission of NOS, 3) Order for written instructions stopping foreclosure, and 4) Court approval of lis pendens 24 is DENIED. Based on Plaintiff's statements at the 3/3/11 hearing, Plaintiff's request for approval of lis pendens is DENIED without prejudice for refiling. (Mena-Sanchez, L)
March 22, 2011
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o the remaining exhibits; DENYING 43 Request for Judicial Notice. RECOMMENDING Plaintiffs claims for CLRA violations, false advertising, violation of Civil Code Section 2943, wrongful foreclosure,and quiet title, be dismissed with prejudice; Plaintiffs claims for negligent misrepresentation and negligence, insofar as they arise implicitly or explicitly from the Forbearance Agreement, be dismissed with prejudice. Second Amended Complaint within 30 days. Within fourteen days after being served wORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/21/11 GRANTING 26 Motion to Dismiss; DENYING 27 Motion to Strike; GRANTING 28 Request for Judicial Notice with respect to Exhibits F and G but DENIED as tith these findings and recommendations, any party may file written objections with the court and serve a copy on all parties.(Williams, D) Modified on 3/22/2011 (Caspar, M). Modified on 3/24/2011 (Williams, D).
April 20, 2011
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file an opposition to pltf's so-construed motion for reconsideration within 14 days of the issuance of this order; pltf may file a reply within 7 days of the issuance of this order; the deadline to file a second amended complaint is VACATED; theORDER signed by Senior Judge Lawrence K. Karlton on 4/20/2011 ORDERING the court shall construe pltf's objections 50 as both a motion for reconsideration of the magistrate judge's order 49 and objections to the F & R's; dfts shall court will address deadlines to file amendments, if any, when briefing is complete for both the construed motion for reconsideration and the F & R's.(Reader, L)
June 20, 2011
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NON-RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 06/17/11. The court has determined that it is inappropriate to relate or reassign the cases, and therefore declines to do so. (Michel, G)
August 1, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/1/2011 adopting 49 FINDINGS AND RECOMMENDATIONS in full; Plaintiff's Request for Reconsideration is GRANTED IN PART and DENIED IN PART; plaintiff is granted leave to add new facts in support of his RESPA claim; the Request for Reconsideration is OTHERWISE DENIED; plaintiff shall file a Second Amended Complaint w/i 30 days from date of this order. (Waggoner, D)
September 2, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/11 ORDERING plaintiff's ex parte motion 61 is denied without prejudice. (Becknal, R)
September 8, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2011 re 66 ORDERING that the document entitled 60 Second Amended Complaint filed by plaintiff on August 29, 2011 is STRICKEN from the file. Plaintiff is given leave to and including September 12, 2011 to file a new Second Amended Complaint. The Second Amended Complaint must comply with Judge Karlton's 58 Order of August 1, 2011 and the 49 Findings and Recommendations adopted in full therein. Any nonconforming portion(s) of the Second Amended Complaint may be subject to a Motion to Strike and/or may be stricken sua sponte. If plaintiff files a Second Amended Complaint that does not substantially comply with the applicable Order and Findings and Recommendations adopted in full therein, plaintiff may be subject to sanctions, including the potential dismissal of his case, for failure to comply with order(s) of the court. Defendants have to and including October 3, 2011 to file a pleading responding to any Second Amended Complaint. (Duong, D)
September 16, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/15/11 ORDERING that plf's 62 Motion to Amend the Complaint is DENIED w/o prejudice to refiling. (Benson, A.)
October 4, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/3/11 ORDERING that Counsel for defendants is ORDERED to SHOW CAUSE in writing why sanctions should not issue in accordance with Local Rule 110, including a fine of $1000 and/or anorder of judgment for plaintiff. Counsel SHALL file a response to this order to show cause within seven (7) days of the issuance of this order; The hearing on plaintiff's motion for reconsideration 59 currently set for 10/11/11 is CONTINUED to 10/24/11; Defendant SHALL file an opposition or statement ofnon-opposition to the motion for reconsideration no later than 10/7/11. Plaintiff MAY file a reply no later than 10/17/11. (Becknal, R)
October 7, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/06/11 ORDERING that counsel for defendants is SANCTIONED in the amount of $1,000 that shall be paid w/i 30 days. Counsel shall file an affidavit accompanying the payment of this sanction which states that it is paid personally by counsel, out of personal funds, and is not and will not be billed, directly or indirectly, to the client, or in any way made the responsibility of the client, as attorneys' fees or costs. (Benson, A.)
October 17, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/2011. The Hearing date set for 71 defendants' Motion to Dismiss is VACATED. This 71 Motion will be held in ABEYANCE pending resolution of plaintiff's 70 Motion to Amend currently set for 11/17/2011 at 10:00 AM in Courtroom 25 (KJN). Defendant's Opposition Brief or Statement of Non-Opposition shall be filed in accordance with timing required by Local Rule 230 (b)-(d) and Local Rule 230(c) respectively. Parties' 75 Stipulation is DENIED as MOOT. (Marciel, M)
October 27, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/26/11 re hearing on 59 Motion for Reconsideration. The parties shall provide further briefing on the proper preemption standard application in this case. Notwithstanding any briefing schedule contained in the 81 Minute Order arising from this hearing, defendants' brief is due 11/9/11; and plaintiff's brief is due 11/23/11. (Meuleman, A)
October 28, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/11 ORDERING that the 11/17/11 hearing on the 70 Motion for Reconsideration is VACATED pending the resolution of plf's 59 Motion for Reconsideration. Following the complete resolution of plf's 59 Motion for Reconsideration, and depending on how that motion is resolved, if plf wishes to proceed with his 70 Motion to Amend, plf may re-notice that Motion and set a new hearing date or file a different motion to amend. (Benson, A.)
March 29, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/29/2012 DENYING 59 Motion for Reconsideration. This matter is returned to the Magistrate Judge for further proceedings. (Donati, J)
April 25, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/24/12 ORDERING that A Status Conference shall be held on 5/24/2012 at 10:00 AM. The parties need not file status reports in advance of the status conference. If plaintiff re- notices his motion to amend his pleading or files a new motion to amend prior to the 5/24/12 Status Conference, the court may vacate the Status Conference.(Mena-Sanchez, L)
May 15, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2012 ORDERING The status conference presently set for 5/24/2012, is VACATED. Plaintiff's motion for leave to amend is DENIED without prejudice, and plaintiff may re-file a motion for leave to amend within 45 days of the date of this order. Plaintiff's 91 motion to direct the entry of a final judgment will remain on the court's 6/28/2012 calendar. (Reader, L)
July 2, 2012
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na-Sanchez, L)ORDER signed by Magistrate Judge Kendall J. Newman on 6/29/12 ORDERING that Plaintiffs MOTION to direct the entry of judgment as to his wrongful foreclosure and quiet title claims pursuant to Federal Rule of Civil Procedure 54(b) 91 is DENIED. (Me
July 2, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/29/12 ORDERING that Plaintiff's MOTION for an OSC 93 is GRANTED and part and DENIED in part. The court imposes monetary sanctions in an amount of $1,000 on defendants pursuant to the inherent power of the court, payable to the court within 45 days of the date of this order. Plaintiff's request for rescission of the notices of default at issue in this case is denied.(Mena-Sanchez, L)
August 22, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/21/12 RECOMMENDING that the Plaintiff's 97 Motion for Leave to Amend be granted in part and denied in part and that the 98 Proposed Third Amended Complaint be deemed the operative complaint; the Defendants be ordered to file an answer within 14 days; the defendants' request for involuntary dismissal be denied and that the 71 Motion to Dismiss Second Amended Complaint be denied as moot. Motions referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Manzer, C)
September 18, 2012
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ORDER signed by Judge Lawrence K. Karlton on 9/17/12 GRANTING 107 Motion to Modify Preliminary Injunction Order as follows: The bond provision of the 21 preliminary injunction issued by this court on 12/14/10, is modified to read: "(3) Plaintiff SHALL POST BOND in the amount of $3,645 per month (or such other amount as the parties may agree to in writing, in the event plaintiff's tenants move out), to be posted no later than the fourteenth calendar day of each month, until further order of this court." (Meuleman, A)
September 19, 2012
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ORDER signed by Judge Lawrence K. Karlton on 9/18/12 ORDERING that the 115 FINDINGS AND RECOMMENDATIONS are ADOPTED. Plaintiff's 97 motion for leave to amend is GRANTED in part and DENIED in part. Defendants shall file an answer or other response to plaintiff's Third Amended Complaint within 14 days from the date of this order. Defendants' request for the involuntary dismissal of plaintiff's case is DENIED. Defendants' 71 motion to dismiss the Second Amended Complaint is DENIED as moot.(Kastilahn, A)
September 20, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/19/12 DENYING 104 Motion for Certification. (Meuleman, A)
October 23, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/22/12 ORDERING that the 11/29/12 hearing on the 129 Amended Motion for Preliminary Injunction is VACATED and RECOMMENDING that the 129 Amended Motion for Preliminary Injunction be denied; to the extent plaintiff intended his "Motion For Preliminary Injunction" to serve as a motion to amend his pleadings, the motion is procedurally improper and should be denied without prejudice to refiling; to the extent plaintiff requests that the Court 43 "accept plaintiff's request for RJN", the request should be denied for the reasons stated above; Objections to these F&Rs due within 14 days; motion referred to Lawrence K. Karlton. (Benson, A.)
November 30, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/2012 DENYING defendants' 125 Motion to Dismiss. Within 14 days of entry of Order, defendants shall file an Answer to plaintiff's 98 115 Third Amended Complaint. Within 30 days of entry of Order, parties shall file a Joint Status Report. (Marciel, M)
January 10, 2013
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ORDER adopting 130 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 1/10/13: Plaintiff's "Motion for Preliminary Injunction" 126, 129 is denied.To the extent plaintiff intends his "Motion for Preliminary Injunction" to serve as a motion to amend his pleadings, the motion is procedurally improper and denied without prejudice.To the extent plaintiff requests the court "accept plaintiff's request for RJN" at Docket Number 43, the request is denied for the same reasons set forth above.(Kaminski, H)
July 5, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/5/13 ORDERING that Plaintiff's MOTIONS to Compel 145 and 146 are DENIED without prejudice to refiling. The hearing date of 7/11/13, in connection with Plaintiff's MOTIONS 145 146 is VACATED. (Mena-Sanchez, L)
September 25, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/13 DENYING 155 Motion and GRANTING IN PART AND DENYING IN PART 158 Motion to Compel. (Meuleman, A)
October 3, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/13 ORDERING that Notwithstanding plaintiff's request for an informal discovery teleconference, the undersigned will not schedule such a teleconference at this time. Plaintiff is directed to communicate with defense counsel re his request for the teleconference, and whether such a teleconference is still needed after good faith meet and confer efforts. The parties are to select several potential dates/times for such a teleconference, which they should provide to the undersigned's courtroom deputy when requesting the teleconference. When requesting the teleconference, the requesting party shall not include legal arguments or delve into the substance of the discovery disagreement(s), and shall not include copies of meet and confer communications; Unless they take the form of a joint two-pg letter as described in the undersigned's prior order (see ECF No. 163 at 4) or were filed at the undersigned's direction, communications with the court or court staff making mention of substantive discovery issues or arguments will be disregarded, and the sender will be sanctioned; The undersigned did not analyze the substance of the meet and confer letter attached to plaintiff's email of 10/1/13. The email and its attachment will not be made part of the record; The undersigned denies plaintiff's request for permission to file documents in addition to the requisite joint two-page letter prior to any teleconference. The undersigned will expressly order the filing of such documents (and/or further written briefing) only if he believes it necessary following a telephonic conference. (Becknal, R)
October 3, 2013
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of 9/25/13, required defendant to provide supplemental responses, such responses are due 30 (thirty) days from the date of the issuance of that order. The order did not address the "contact information" to be provided in the case of formerORDER signed by Magistrate Judge Kendall J. Newman on 10/3/13 ORDERING that on 9/25/13, the undersigned issued an order partially granting plaintiffs motion to compel further responses to interrogatories from defendant Wells Fargo Bank, NA, Inc. ("defendant"). (Order, ECF No. 163.) That order failed to give a precise deadline by which defendant must provide its supplemental responses in accordance with the order. Accordingly, the undersigned clarifies that, to the extent his order employees who can still be reached through defendant's counsel. Accordingly, the undersigned clarifies that defendant need not provide individual addresses and phone numbers for defendant's former employees to the extent such former employees can still be reached through defendant's counsel. If any former employees cannot be reached through defendant's counsel, however, defendant shall provide the former employee's last known telephone number and address. (Becknal, R)
October 16, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/13: An Informal Discovery Teleconference is set for 10/22/2013 at 02:30 PM before Magistrate Judge Kendall J. Newman. Joint two-page letter regarding meet and confer efforts due on or before 10/18/13. (Manzer, C)
November 13, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/13 addressing issues pertaining to plaintiff's document production re 169 Status Conference. (Meuleman, A)
December 12, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/13 AMENDING 140 Scheduling Order: motions to compel discovery due by 1/21/14; discovery completion date due 2/24/14; and law and motion cutoff is due 3/27/14. All other dates, including the Final Pretrial Conference date and the trial date, remain unchanged. (Meuleman, A)
February 3, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/14 re 170 Order,164 Order, 163 Order: an informal discovery teleconference will occur at 9:30 a.m. on Thursday, February 6, 2014. The undersigne's courtroom deputy will telephone both parties and connect the teleconference at that time. If the undersigned learns that this particular teleconference was scheduled in bad faith or prior to completion of genuine meet and confer efforts, sanctions will issue. As prior orders have emphasized, [t]he informal telephonic discovery conferences described above will not necessarily be on the record; however, the court will maintain the power to issue monetary and other sanctions during such conferences, including for failures to meet and confer in good faith or abuses of the discovery process. Implementation of these telephonic conferences will under no circumstances give the parties a "free pass" to gain the court's audience on every single minor discovery disagreement that may arise. If the telephonic conferences are abused, sanctions will issue. (ECF No. 163 at 4.) Likewise, if the undersigned learns that either party needlessly perpetuated this particular discovery dispute, sanctions will issue. (cc: IT). (Meuleman, A)
February 7, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/14 ORDERING on or before 2/7/14, defendant's counsel shall send to plaintiff via email a supplemental response to plaintiff's interrogatory twenty-one that identifies, by their Bates-stamped numbers, all documents responsive to that request; Plaintiff's request to compel discovery is DENIED as both untimely and insufficiently supported; Plaintiff's request for an extension of the discovery period is DENIED without prejudice to later such requests; Plaintiff's request that discovery sanctions be imposed on defendant is denied. (Becknal, R)
February 18, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/2014 DENYING AS UNTIMELY the plaintiff's Motion to Compel the defendant to remove redactions from certain produced documents; DENYING AS UNTIMELY the plaintiff's Motion to Compel discovery related to the identity of the Wells Fargo employee identified by the initials "LVZ"; DENYING AS UNTIMELY AND IMPROPER the plaintiff's Request to Compel the defendant to allow him to inspect ESI and loan files; GRANTING WITHOUT PREJUDICE the defendant's Motion to Quash the plaintiff's deposition subpoenas for Zuniga and Ortega; DENYING WITHOUT PREJUDICE the plaintiff's Request to conduct a deposition of the person identified by the initials "LVZ"; ORDERING the defendant's counsel to sent the plaintiff, by 2/20/2014, a letter including the information listed herein. (Michel, G)
March 12, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/12/14 ORDERING that Plaintiff's 180 motion to continue the 3/27/14 hearing on defendant's motion for summary judgment and to grant plaintiff leave to file a motion for Rule 37 sanctions is DENIED. On the court's own motion and pursuant to Local Rule 230(g), it will take defendant's 179 motion for summary judgment under submission without oral argument. The hearing date of 3/27/14 is VACATED. Plaintiff is GRANTED an additional 14 days, until 3/27/14, to file an opposition to defendant' motion for summary judgment. No further extensions of time will be granted. (Kastilahn, A)
June 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/14 DENYING 188 Motion to modify scheduling order. (Manzer, C)
June 25, 2014
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ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER 195 signed by District Judge Troy L. Nunley on 6/24/14. (Mena-Sanchez, L)
August 7, 2014
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/7/2014 RECOMMENDING that the 179 Motion for Summary Judgment be granted in full; RECOMMENDING that judgment be entered for defendants Wells Fargo Bank, NA, Inc. and Wachovia Mortgage Corporation; RECOMMENDING that the Clerk of Court be directed to close this case and vacate all dates; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed within fourteen (14) days. (Michel, G)
December 30, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/29/14 Recommending that Defendants' MOTION for Attorneys Fees 213 be GRANTED; Defendants be awarded $146,493.50 in Attorneys' fees. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley. Objections to these F&R due within fourteen (14) days. (Mena-Sanchez, L)
February 5, 2015
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ORDER ADOPTING 224 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 2/3/15. The 213 Motion for Attorney Fees is GRANTED. Defendant is awarded $146,493.50 in attorneys' fees. (Manzer, C)
March 5, 2015
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ORDER signed by District Judge Troy L. Nunley on 3/4/2015. Court has already ruled on merits of plaintiff's case and granted Summary Judgment for defendants. Plaintiff has failed to satisfy the relevant factors to 'restore' the preliminary injunction and 'stay' the Judgment. Neither plaintiff nor record suggests a fair chance of success on merits or irreparable harm. As such, plaintiff's 208 Motion for Application for a Stay Pending Appeal is DENIED. (Marciel, M)
March 18, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/17/2015 ORDERING that the hearing on Plaintiff's 237 AMENDED MOTION for approval to post a supersedeas bond is set for 4/9/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Defendant shall file an opposition or statement of non-opposition to plaintiffs amended motion by no later than 3/26/2015. Plaintiff may file a reply by no later than 4/2/2015. (Zignago, K.)
April 8, 2015
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defendant attorneys' fees and costs shall be stayed pending plaintiff's appeal of that judgment before the Ninth Circuit Court of Appeals. (Zignago, K.)ORDER signed by Magistrate Judge Kendall J. Newman on 4/8/2015 ORDERING that the hearing on plaintiff's motion for approval to post a supersedeas bond currently scheduled for 4/9/2015, at 10:00 A.M., is VACATED. Plaintiff's 231 motion for an order denying defendant's request for issuance of an abstract of judgment is DENIED. The Clerk of Court shall forthwith send defendant Wells Fargo Bank, N.A. an abstract of judgment. Plaintiff's 237 motion for approval to post a supersedeas bond is DENIED without prejudice. Within 10 days of the date of this order, plaintiff shall file an amended proposed cash bond instrument that includes the clarifications detailed above. Once filed, the court will review the amended instrument. If approved, the court will issue an order directing plaintiff to deposit with the Clerk of Court a cash bond in the amount of $188,706.43 accompanied by the approved instrument. Once deposited, execution of the judgment awarding
April 13, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/15 APPROVING 232 Amended Motion for Approval to post Supersedeas Bond. Within 10 days of this order, plaintiff shall deposit a money bond for $188,706.43 and the approved bond instrument with the Clerk of Court. Execution of judgment regarding the award of attorneys' fees and costs to defendant will be STAYED pursuant to FRCP 62(d) upon the posting of plaintiff's bond. The Clerk is DIRECTED to notify the financial department of this order. (cc: Financial). (Meuleman, A)
May 15, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/15/15 ORDERING that Plaintiff's 254 ex parte application for an order shortening time is GRANTED. The undersigned shall hear plaintiff's motion to settle the district court record on 6/4/15, at 10:00 a.m., in Courtroom 25. Any response to plaintiff's motion to settle the district court record shall be filed on or before 5/21/15, by 5:00 p.m.. (Kastilahn, A)
June 9, 2015
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. 184-1 with the document entitled "Statement of Disputed Facts in Support of Plaintiff's Opposition to Wells Fargo's Motion for Summary Judgment or in the Alternative Summary Adjudication: filed by plaintiff in paper with the Clerk ofORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/9/15 ORDERING that the 253 Motion to Settle the Record be GRANTED; and that the Clerk of Cout is DIRECTED to replace the document currently docketed as ECF No Court on 3/27/14 and RECOMMENDING that the Clerk of Court be directed to disburse $84,335.00 of the preliminary injunction bond funds to defendant Wells Fargo Bank, NA, Inc.; and the Clerk of Court be directed to refund to plaintiff Dennly R. Becker any funds remaining in the preliminary injunction bond account after the disbursement to defendant re 250 Motion for Disbursement of Funds filed by Wells Fargo Bank, NA, Inc., Wachovia Mortgage Corporation. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
August 18, 2015
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ORDER signed by District Judge Troy L. Nunley on 8/18/2015 ORDERING that the 260 findings and recommendations are ADOPTED. Defendant's 250 motion for disbursement of bond funds is GRANTED. The Clerk of Court is directed to disburse $84,335.00 of the preliminary injunction bond funds to Defendant Wells Fargo Bank, NA., Inc.. The Clerk of Court is directed to refund to Plaintiff Dennly R. Becker any funds remaining in the preliminary injunction bond account after the disbursement to Defendant. (cc: Financial) (Zignago, K.)
December 3, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2015 DENYING plaintiff's 268 Motion for Order to Show Cause. (Marciel, M)
February 2, 2017
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ORDER signed by District Judge Troy L. Nunley on 02/02/17 ORDERING that plaintiff shall deposit a cashier's check in the amount of $188,706.43 with the Clerk within 10 days; the Court shall HOLD the funds until such time as the Court issues an order disbursing the supersedeas bond; the Court's (#278) Minute Order re the disbursement of the supersedeas bond is STRICKEN (cc: Financial). (Benson, A)
February 10, 2017
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STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/10/2017 ORDERING the plaintiff to deliver a cashier's check in the amount of $182,000.00 to Wells Fargo's counsel, payable to "AFRCT Client Trust Account", within three days in lieu of depositing a cashier's check in the amount of $186,706.43 with the Clerk of Court as required by the 280 Order; ORDERING Wells Fargo to provide the plaintiff with an executed Notice of Satisfaction of Judgment covering the award of attorney's fees upon receipt of the $182,000.00 cashier's check. (Michel, G.)