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14-850 - (PS) Nash v. Wachovia Bank et al


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14-850 - (PS) Nash v. Wachovia Bank et al
April 15, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/14/15 ORDERING THAT the 2 Motion to Proceed IFP is GRANTED; the complaint is DISMISSED with leave to amend within 30 days. (Benson, A)
January 6, 2016
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y for the U.S. Marshal, and a copy of the civil new case documents for each defendant; ORDERING the plaintiff to supply the U.S. Marshal, within 14 days, all the information needed to effectuate service and to file a statement with the court that said documents have been submitted; DIRECTING the U.S. Marshal to serve all process without prepayment of costs within 90 days of receipt of the required information from the plaintiff; CAUTIONING the plaintiff that a failure to comply with this order may result in a recommendation that this action be dismissed. (cc: U.S. Marshal) (Michel, G.)ORDER signed by Magistrate Judge Edmund F. Brennan on 1/6/2016 DIRECTING the Clerk of Court to issue all process pursuant to F.R.Cv.P. Rule 4 and to send the plaintiff one USM-285 form, one copy of the 7 Summons, a copy of the 5 First Amended Complaint, and the 8 Civil New Case Documents; ADVISING the plaintiff that the U.S. Marshal will require: one completed summons, one completed USM-285 form for each defendant, a copy of the first amended complaint for each defendant, with an extra cop
August 12, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/11/2016 ORDERING the Hearing on 38 Motion for Judgment on Pleadings is CONTINUED to 10/5/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall SHOW CAUSE, in writing, no later than 9/21/2016, 2016, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiff SHALL file an opposition to the motion, or a statement of non-opposition thereto, no later than 9/21/2016. Failure of to file an opposition to the motion will be deemed a statement of non-opposition thereto, and may result in a recommendation that this this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules. Defendant may file a reply to plaintiff's opposition, if any, on or before 9/28/2016. (Jackson, T)
September 14, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/14/16: It is hereby RECOMMENDED that Equifax's motion to dismiss 17 be granted and all claims against Equifax be dismissed without leave to amend. Wells Fargo's motion to dismiss (ECF No. 12) be granted in part and denied in part. Plaintiff be granted thirty days from the date of service of any order adopting these findings and recommendations to file an amended complaint. Plaintiff's motions for default judgment 19, 20 be denied. Wells Fargo's motion for judgment on the pleadings 38 be denied as premature. F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days.(Kaminski, H)
September 30, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 9/30/2016 ADOPTING 44 Findings and Recommendations; GRANTING Equifax's 17 Motion to Dismiss and all claims against Equifax are DISMISSED without leave to amend; GRANTING IN PART AND DENYING IN PART Wells Fargo's 12 Motion to Dismiss as follows: Wells Fargo's motion to dismiss plaintiff's Fourteenth Amendment against it is DENIED, and Wells Fargo's motion to dismiss plaintiff's FCRA claim against it is GRANTED and the claim is DISMISSED with leave to amend. Plaintiff is GRANTED 30 days from the date of service of this order to file an amended complaint. The amended complaint must bear the docket number assigned to this case and must be labeled "Second Amended Compliant." Should plaintiff fail to file a second amended complaint, this matter will proceed on plaintiff's Fourteenth Amendment and California Civil Code ยง 2983.8 claims against Wells Fargo; DENYING Plaintiff's 19 Motion for Default Judgment; DENYING Plaintiff's 20 Motion for Default Judgment; and DENYING Wells Fargo's 38 Motion for Judgment on the Pleadings as premature. (Jackson, T)
October 21, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 10/19/16 ORDERING that the order entered on September 30, 2016 (ECF No. 45) adopting in full the findings and recommendations is CONFIRMED, and Plaintiff's Request for Reconsideration (ECF No. 47) is DENIED. (Becknal, R)
December 15, 2016
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 12/14/16 ORDERING 50 Motion on Judgment CONTINUED to 1/18/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall SHOW CAUSE, in writing, by 1/4/2017 why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition tothe pending motion. Plaintiff SHALL file an opposition to the motion, or a statement of non-opposition thereto, no later than 1/4/2017. Defendant may file a reply to plaintiff's opposition, if any, by 1/11/2017. The parties shall file status reports by 4/12/2017. The Status (Pretrial Scheduling) Conference CONTINUED to 4/26/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.(Washington, S)
January 13, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/13/2017 ORDERING the hearing re 50 Motion on Judgment on the Pleadings is CONTINUED to 2/15/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall file an opposition to the motion, or a statement of non opposition no later than 2/1/2017. Failure to file an opposition to the motion will be deemed a statement of nonopposition thereto, and may result in a recommendation that this action be dismissed. Defendant may file a reply to plaintiff's opposition, if any, on or before 2/8/2017. DISCHARGING 53 Order to Show Cause and no sanctions are imposed. (Washington, S)
August 18, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/17/17, RECOMMENDING that Wells Fargo's 50 motion for judgment on the pleadings, construed as a motion to dismiss pursuant to Rule 12(b)(6) be granted; Plaintiff's second amended complaint be dismissed without leave to amend; Plaintiff's motions for issuance of subpoenas (ECF No. 54, 55, 61, 62) be denied asmoot; and the Clerk be directed to close this case. Matter REFERRED to Judge Morrison C. England, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
November 3, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 11/2/17 ORDERING Plaintiff's in forma pauperis status is thus REVOKED. The Clerk of the Court is ordered to TRANSMIT a copy of this Order to the Clerk of the Court of the United States Court of Appeals for the Ninth Circuit for filing on the docket of Case No. 17-17028. (cc USCA) (Becknal, R)