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16-223 - (PS) Malifrando v. Real Time Resolutions, Inc. et al.


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16-223 - (PS) Malifrando v. Real Time Resolutions, Inc. et al.
July 14, 2016
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 07/14/16 ORDERING that Real Time's 9 5 Motion to Dismiss is GRANTED IN PART. The complaint is DISMISSED WITH LEAVE TO AMEND (but not including a FTC Act claim) within 28 days; within 28 days of being served with the First Amended Complaint, defendant Real Time shall file a response; plaintiff's 16 Motion to Amend the Complaint is DENIED as moot; within 28 days, plaintiff shall file a request for entry of default with the Clerk for defendant Long Beach Mortgage Company; within 28 days after default has been entered, plaintiff shall file a motion for default judgment; failure to file these pleadings will result in a recommendation that this defendant be dismissed from the action. IT IS RECOMMENDED that Plaintiff's Fair Trade Commission Act claim be dismissed without leave to amend. Referred to Judge Troy L. Nunley; objections to these F&Rs due within 20 days. (Benson, A)
August 16, 2016
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ORDER signed by District Judge Troy L. Nunley on 8/15/16 ADOPTING in FULL 17 Findings and Recommendations. Plaintiff's Fair Trade Commission Act claim is dismissed without leave to amend. (Washington, S)
September 27, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/16; DENYING 25 Motion for Default Judgment; SUBMITTED on the RECORD 20 Motion to Dismiss. ORDERING within twenty-eight (28) days of this order, plaintiff shall file a request for entry of default with the Clerk for defendant Long Beach Mortgage Company. Within twenty-eight (28) days after default has been entered, plaintiff shall file a motion for default judgment in accordance with Rule 55(b)(2). Failure to file these pleadings will result in a recommendation that this defendant be dismissed from the action.(Washington, S)
November 29, 2016
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/26/16 ORDERING that Defendant Real Time Resolution Inc.'s 22 Request for Judicial Notice is GRANTED. It is RECOMMENDED that Defendant Real Time Resolution Inc.'s 20 motion to dismiss the first amended complaint be granted in part and denied in part; the fraud and misrepresentation claims be dismissed; within 30 days of an order adopting these findings and recommendations, defendant Real Time be directed to file an answer to the RESPA claim as narrowly defined in these findings and recommendations; and Defendant Long Beach Mortgage Company be dismissed. Matter referred to District Judge Troy L. Nunley. Within 20 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)
March 13, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/10/17. In light of the pendency of the 11/19/16 Findings and Recommendations, Plaintiff's Motion will be vacated from the court's calendar to be re-calendared, or other appropriate action can taken, after the District Court issues its order.(Mena-Sanchez, L)
March 23, 2017
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ORDER signed by District Judge Troy L. Nunley on 3/23/2017 ADOPTING 33 Findings and Recommendations in Full and GRANTING-IN-PART and DENYING-IN-PART 20 Motion to Dismiss. The Fraud and Misrepresentation claims are DISMISSED. Within 30 days of this order, Defendant Real Time is DIRECTED to file an answer to the RESPA claim as narrowly defined in the findings and recommendations. Defendant Long Beach Mortgage Company is DISMISSED. (Donati, J)
May 30, 2017
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ORDER and ORDER TO SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 5/26/2017 DENYING the 35, 40 Motions to Amend the Complaint; ORDERING the plaintiff to show cause by 6/15/2017, why this action should not be dismissed as being based on a completely inaccurate premise. (Michel, G.)
June 21, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/21/2017 ORDERING that the Order to Show Cause is SATISFIED. The plaintiff's motion to add Duetsche Bank as a party to the action is DENIED. This action will proceed solely on the RESPA issue and no further amendment will be allowed. Defendant Real Time's Answer to the surviving RESPA claim, found at paragraphs 48 through 54, is ADOPTED as a final Answer to the complaint. The parties shall meet and confer regarding discovery scheduling within 30 days of service of this Order. Within 30 days of that meeting, or 60 days from the service of this Order, the parties shall submit a joint scheduling statement that addresses the elements found in Eastern District of California Local Rule No. 240 after which a Scheduling Conference may be set. (Zignago, K.)