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15-2240 - (PS) Becker v. Countrywide Home Loans, Inc. et al


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15-2240 - (PS) Becker v. Countrywide Home Loans, Inc. et al
May 11, 2016
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ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/11/2016 RECOMMENDING that the 19 Motion to Dismiss be granted in part and denied in part; RECOMMENDING that the plaintiff's claims for violation of California Civil Code section 2924.17, wrongful foreclosure, fraud, negligent misrepresentation, trespass, invasion of privacy, negligent recording of false documents, negligence, negligent infliction of emotional distress, financial elder abuse, and violation of California Business and Professions Code section 17200 be dismissed with prejudice; RECOMMENDING that the plaintiff be directed to file a Second Amended Complaint; STAYING all pleading, discovery, and motion practice pending resolution of these Findings and Recommendations, with the exception of objections to the findings and recommendations or non-frivolous motions for emergency relief; REFERRING this matter to Judge Morrison C. England, Jr.; ORDERING that objections be filed and served within fourteen (14) days. (Michel, G.)
July 13, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 7/12/16 ORDERING that the FINDINGS AND RECOMMENDATIONS 24 are ADOPTED in full. Defendants' MOTION to dismiss (ECF No. 19) is GRANTED IN PART and DENIED IN PART. Plaintiffs' claims for violation of California Civil Code section 2924.17, wrongful foreclosure, fraud, negligent misrepresentation, trespass, invasion of privacy, negligent recording of false documents, negligence, negligent infliction of emotional distress, financial elder abuse, and violation of California Business and Professions Code section 17200 are DISMISSED WITH PREJUDICE. Within 28 days of this order, Plaintiff shall file a second amended complaint, limited to 15 pages, stating only a claim for violation of California Civil Code section 2943 against defendants BNY and Nationstar.(Mena-Sanchez, L)
August 16, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/16/16 ORDERING that a Status Conference is SET for 10/13/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. No later than 9/29/16, the parties shall file a joint statement. (Mena-Sanchez, L)
October 11, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/16 ORDERING that 34 the stipulation to allow plaintiff to be an electronic filer is DISAPPROVED. (Kastilahn, A)
October 14, 2016
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PRETRIAL SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/16: All law and motion, except as to discovery-related matters, shall be completed by 9/28/2017. Designation of Expert Witnesses due by 5/4/2017. Discovery due by 8/3/2017. (Kaminski, H)
March 10, 2017
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2017. (Washington, S)
April 28, 2017
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 04/28/17 ORDERING that the deadline for expert disclosures is CONTINUED to 05/18/17; the deadline for rebuttal expert disclosures is CONTINUED to 06/15/17. All other case deadlines remain unchanged. (Benson, A)
May 12, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/12/17 ORDERING that the parties shall promptly meet and confer regarding a mutually convenient date to conduct the deposition of Nationstars person most knowledgeable ( PMK). Provided that the parties mutually agree to the date, Plaintiff need only serve a brief notice of deposition referencing this order and need not comply with the full notice.(Mena-Sanchez, L)
June 12, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/2017 DENYING plaintiff's 54 Motion to Strike defendants' expert witness disclosure. (Zignago, K.)
June 29, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/29/17 ORDERING that Nationstar shall conduct another thorough search for any documents created by Nationstar related to plaintiff's loan from 7/1/2013, through the present. Any additional responsive documents shall be produced no later than 7/7/2017, at 4:00 p.m. Alternatively, if no additional responsive documents are located, Nationstar shall provide plaintiff with a letter no later than 7/7/2017, at 4:00 p.m., confirming that no additional responsive documents were located. Plaintiff's remaining requests for the court to compel additional discovery responses and to extend the discovery completion deadline are DENIED at this juncture. (Kastilahn, A)
July 11, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2017; GRANTING 61 Motion for Extension. Defendants shall have until 7/14/2017 at 4:00 p.m. to respond and/or produce documents responsive to the 60 Order. The Clerk of Court shall file plaintiff's declaration in opposition to the request on the court's docket. (Washington, S)
August 28, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2017 DENYING 64 & 67 Motion for Leave to amend his complaint construed as a motion to modify the scheduling order. The Proposed 65 Third Amended Complaint is STRICKEN. (Donati, J)
August 31, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/30/17 ORDERING that the 74 Request to Seal is DENIED; Clerk shall file the lodged documents on the public docket. (Benson, A.) Modified on 8/31/2017 (Benson, A.).
September 26, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/17, DENYING Plaintiff's motion to compel, and accompanying request for sanctions76, and the 10/12/2017 hearing before the undersigned is VACATED. Plaintiff's 75 motion to set a date for a pretrial conference is DENIED and the 10/19/2017 hearing before Judge England is VACATED. (Kastilahn, A)
July 11, 2018
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 07/11/18 ORDERING that this action is DISMISSED with prejudice, and each party to bear its own fees and costs. CASE CLOSED (Benson, A.)