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13-2352 - (PS) Kaiser v. Flagstar Bank, FSB, et al.


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13-2352 - (PS) Kaiser v. Flagstar Bank, FSB, et al.
January 22, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2014 ORDERING 9 Motion to Dismiss Hearing CONTINUED to 3/6/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; Plaintiff shall file any written Opposition due by 2/13/2014, Defendants reply, if any, due by 2/20/2014. (Reader, L)
February 4, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/4/14 GRANTING Plaintiff leave to file 15 Amended Complaint and is DEEMED FILED as the operative complaint. Pursuant to plaintiff's first amended complaint, defendants PLM Lender Services, Inc. and Federal Nationanl Mortgage Association are DISMISSED WITHOUT PREJUDICE from the action. The action continues as to defendant Flagstar Bank FSB only. The pending 9 Motion to Dismiss is DENIED WITHOUT PREJUDICE as moot and the hearing thereon is VACATED. Defendant Flagstar Bank, FSB shall file a response to 15 First Amended Complaint within 28 days of this order. This order DISPOSES of 9 and 10. (Meuleman, A)
February 12, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/2014 ORDERING 17 Opposition filed by Erich Kaiser is STRICKEN as moot; Clerk shall serve a copy of the 16 Order on plaintiff. (Waggoner, D)
March 31, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2014 ORDERING that plaintiff's 24 objections to defendants counsel's telephonic appearance are OVERRULED. No later than 4/15/2014, plaintiff shall pay the Clerk of Court $250.00 in monetary sanctions based on plaintiff's failure to follow procedural rules and court orders. The4/10/2014 hearing on defendant Flagstar Bank's 19 motion to dismiss is CONTINUED until Thursday 5/22/2014, at 10:00 a.m., in Courtroom No. 25. Defendant's counsel may appear telephonically at the hearing. Plaintiff shall file an opposition or statement of non-opposition to defendant Flagstar Bank's motion to dismiss no later than 5/1/2014. Defendant Flagstar Bank shall file any reply brief no later than 5/8/2014. No further briefing will be permitted by any party, unless specifically requested by the court. Plaintiff's failure to both (a) pay the monetary sanctions in full and (b) file a timely opposition or statement of non-opposition to the motion to dismiss will result in a recommendation that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). Alternatively, if plaintiff feels that he no longer wishes to pursue the action at this juncture, he may instead file a notice of voluntary dismissal of the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Zignago, K.)
May 5, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/14 GRANTING 26 Motion for Voluntary Dismissal. The pending 19 Motion to Dismiss is denied as moot. All dates and hearings are VACATED. CASE CLOSED. (Manzer, C)