PlainSite :: California Northern District Court :: Case No. 3:08-cv-02144-EDL: Fisher v. Downey Savings & Loan Association F.A. et al, Elizabeth D. Laporte presiding

California Northern District Court, Case No. 3:08-cv-02144-EDL:
Fisher v. Downey Savings & Loan Association F.A. et al
Judge Elizabeth D. Laporte, presiding

	Harry Donald Fisher, Plaintiff	Marvin Pederson VanDerGinst Law, PC Phone: +1 707 544 9444 Fax: +1 707 544 5829 E-Mail: pederson@marvlaw.com
		James Marley Barrett Phone: +1 707 795 1510 Fax: +1 707 795 3364

v.

	Downey Savings & Loan Association F.A., Defendant	Alison Paige Buchanan Hoge Fenton Jones & Appel, Inc. Phone: +1 408 287 9501 Fax: +1 408 287 2583 E-Mail: apb@hogefenton.com
		Michael Darnell McSweeney Hoge Fenton Jones & Appel, Inc. Phone: +1 408 287 9501 E-Mail: mdm@hogefenton.com
		Christine M. Humphries downeysavings.com Law Firm Placeholder Phone: +1 949 725 4850 Fax: +1 949 725 0619 E-Mail: chumphries@downeysavings.com
	Equity One Financial Corp., Defendant	Stephen Walter Cusick Nielsen, Haley & Abbott LLP Phone: +1 415 693 0900 Fax: +1 415 693 9674 E-Mail: scusick@nielsenhaley.com
		Hillary Clare Agnost Nielsen, Haley & Abbott LLP Phone: +1 415 693 0900 Fax: +1 415 693 9674 E-Mail: hagnost@nielsenhaley.com
	Erik Meyers, Defendant	Stephen Walter Cusick Nielsen, Haley & Abbott LLP Phone: +1 415 693 0900 Fax: +1 415 693 9674 E-Mail: scusick@nielsenhaley.com
		Hillary Clare Agnost Nielsen, Haley & Abbott LLP Phone: +1 415 693 0900 Fax: +1 415 693 9674 E-Mail: hagnost@nielsenhaley.com
	FCI Lender Services, Inc., Defendant	Michael Darnell McSweeney Hoge Fenton Jones & Appel, Inc. Phone: +1 408 287 9501 E-Mail: mdm@hogefenton.com
		Christine M. Humphries downeysavings.com Law Firm Placeholder Phone: +1 949 725 4850 Fax: +1 949 725 0619 E-Mail: chumphries@downeysavings.com
		Alison Paige Buchanan Hoge Fenton Jones & Appel, Inc. Phone: +1 408 287 9501 Fax: +1 408 287 2583 E-Mail: apb@hogefenton.com

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Office	San Francisco
Filed	4/24/2008
Jury Demand	Defendant
Demand	$0
Nature of Suit	480 - Consumer Credit
Cause	28 U.S.C. § 1441 Petition for Removal
Jurisdiction	Federal Question
Disposition
County	Sonoma
Terminated
Origin	2
Reopened	None
Lead Case	None
Related Case
Other Court Case	None
Def Custody Status
Flags	ADRMOP, E-Filing, ENE

--	Filed: 4/24/2008, Entered: 4/30/2008	Case Referred to ECF
	CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)

1	Filed: 4/24/2008, Entered: 4/30/2008	Notice of Removal
	NOTICE OF REMOVAL - [No Process] from Sonoma County Superior Court. Their Case Number is SCV242671. [Filing Fee: $350.00 Receipt Number 54611003032]. Filed by Defendants Downey Savings & Loan Association F.A. & FCI Lender Services, Inc..(tn, COURT STAFF) (Filed on 4/24/2008)

2	Filed: 4/24/2008, Entered: 4/30/2008	ADR Scheduling Order
	ADR SCHEDULING ORDER: Joint Case Management Statement due 7/29/2008 & InitialCase Management Conference set for 8/5/2008 at 10:00 AM.. (Attachments: #(1) EDL Standing Order). (tn, COURT STAFF) (Filed on 4/24/2008) (Additional attachment(s) added on 4/30/2008: # (2) Standing Order for All Judges) (tn, COURT STAFF). Attachment 1 Attachment 2

3	Filed: 4/24/2008, Entered: 4/30/2008	Joinder
	JOINDER in to re [1] Notice of Removal Filed by Defendants Equity One Financial Corp. & Erik Meyers. (tn, COURT STAFF) (Filed on 4/24/2008)

4	Filed: 4/25/2008, Entered: 4/30/2008	Notice (Other)
	NOTICE Filed by Defendants Downey Savings & Loan Association F.A. & FCI Lender Services, Inc. to Plaintiff of Filing of re [3] Joinder & re [1] Notice of Removal. (tn, COURT STAFF) (Filed on 4/24/2008)

5	Filed: 4/25/2008, Entered: 4/30/2008	Certificate of Service
	CERTIFICATE OF SERVICE Filed by Defendants Downey Savings & Loan Association F.A. & FCI Lender Services, Inc. of re [2] ADR Scheduling Order. (tn, COURT STAFF) (Filed on 4/25/2008)

6	Filed: 5/7/2008, Entered: 5/7/2008	Answer to Complaint
	Erik Meyers and Equity One Financial Corporation's ANSWER to Complaint byEquity One Financial Corp.. (Cusick, Stephen) (Filed on 5/7/2008)

7	Filed: 5/8/2008, Entered: 5/8/2008	Notice (Other)
	NOTICE by Downey Savings & Loan Association F.A. (Attachments: # (1) Supplement Exhibit A to state court complaint)(Buchanan, Alison) (Filed on 5/8/2008) Attachment 1

8	Filed: 5/9/2008, Entered: 5/9/2008	Answer to Complaint (Notice of Removal)
	Defendants Downey Savings and Loan Association, F.A. and FCI Lender Services, Inc.'s ANSWER to Complaint (Notice of Removal) byDowney Savings & Loan Association F.A.. (Buchanan, Alison) (Filed on 5/9/2008)

9	Filed: 5/9/2008, Entered: 5/9/2008	Certificate of Service
	CERTIFICATE OF SERVICE by Downey Savings & Loan Association F.A. re [8] Answer to Complaint (Notice of Removal) (Buchanan, Alison) (Filed on 5/9/2008)

10	Filed: 5/9/2008, Entered: 5/9/2008	Certificate of Service
	CERTIFICATE OF SERVICE by Downey Savings & Loan Association F.A. re [7] Notice (Other) (Buchanan, Alison) (Filed on 5/9/2008)

11	Filed: 6/5/2008, Entered: 6/5/2008, Terminated: 6/11/2008	Ex Parte Application
	First Ex Parte Application for TRO filed by Harry Donald Fisher. Motion Hearing set for 6/10/2008 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Pederson, Marvin) (Filed on 6/5/2008)

12	Filed: 6/5/2008, Entered: 6/5/2008	Brief
	Brief re [11] First Ex Parte Application for TRO filed byHarry Donald Fisher. (Related document(s)[11]) (Pederson, Marvin) (Filed on 6/5/2008)

13	Filed: 6/5/2008, Entered: 6/5/2008	Declaration in Support
	Declaration of James M. Barrett in Support of [11] First Ex Parte Application for TRO filed byHarry Donald Fisher. (Related document(s)[11]) (Pederson, Marvin) (Filed on 6/5/2008)

14	Filed: 6/5/2008, Entered: 6/5/2008	Proposed Order
	Proposed Order To Show Cause and TRO by Harry Donald Fisher. (Pederson, Marvin) (Filed on 6/5/2008)

15	Filed: 6/6/2008, Entered: 6/6/2008	Consent to Proceed Before a US Magistrate Judge
	CONSENT to Proceed Before a US Magistrate Judge by Harry Donald Fisher.. (Pederson, Marvin) (Filed on 6/6/2008)

16	Filed: 6/6/2008, Entered: 6/6/2008	Consent to Proceed Before a US Magistrate Judge
	CONSENT to Proceed Before a US Magistrate Judge by Erik Meyers.. (Cusick, Stephen) (Filed on 6/6/2008)

17	Filed: 6/6/2008, Entered: 6/6/2008	Declaration in Support
	Declaration of Rau in Support of [11] First Ex Parte Application for TRO filed byHarry Donald Fisher. (Related document(s)[11]) (Pederson, Marvin) (Filed on 6/6/2008)

18	Filed: 6/6/2008, Entered: 6/6/2008	Declaration in Support
	Declaration of Fisher in Support of [11] First Ex Parte Application for TRO filed byHarry Donald Fisher. (Related document(s)[11]) (Pederson, Marvin) (Filed on 6/6/2008)

19	Filed: 6/6/2008, Entered: 6/6/2008	Order
	ORDER Setting Briefing Schedule and Hearing on Plaintiff's Ex Parte Application for TRO. Signed by Judge Laporte on 6/6/08. (edllc2, COURT STAFF) (Filed on 6/6/2008)

20	Filed: 6/6/2008, Entered: 6/6/2008	Consent to Proceed Before a US Magistrate Judge
	CONSENT to Proceed Before a US Magistrate Judge by Downey Savings & Loan Association F.A... (Buchanan, Alison) (Filed on 6/6/2008)

21	Filed: 6/9/2008, Entered: 6/9/2008	Reply Memorandum
	Reply Memorandum Response by Defendants Downey Savings and Loan Association, F.A. and FCI Lender Services, inc. to Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDowney Savings & Loan Association F.A.. (Buchanan, Alison) (Filed on 6/9/2008)

22	Filed: 6/9/2008, Entered: 6/9/2008	Statement of Non-Opposition
	Statement of Non-Opposition to Ex-Parte Application for TRO filed byErik Meyers. (Cusick, Stephen) (Filed on 6/9/2008)

23	Filed: 6/10/2008, Entered: 6/11/2008	Motion Hearing
	Minute Entry: Hearing held on 6/10/2008 before Elizabeth D. Laporte re Plaintiff's Ex Parte Application for Temporary Restraining Order [11]. (Court Reporter Joan Columbini) (lmh, COURT STAFF) (Date Filed: 6/10/2008)

24	Filed: 6/11/2008, Entered: 6/11/2008	Order on Ex Parte Application
	ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER. Plaintiff's Motion shall be filed no later than 8/12/2008. Opposition due by 8/26/2008, reply due 9/2/2008. Hearing set for 9/19/2008 at 2:00 PM. Signed by Judge Elizabeth D. Laporte. (lmh, COURT STAFF) (Filed on 6/11/2008)

25	Filed: 7/1/2008, Entered: 7/1/2008	Stipulation
	STIPULATION AND PROPOSED ORDER REGARDING PERMITTING EARLY LIMITED DISCOVERY by Downey Savings & Loan Association F.A.. (Humphries, Christine) (Filed on 7/1/2008)

26	Filed: 7/2/2008, Entered: 7/2/2008	Proposed Order
	Proposed Order STIPULATED PROTECTIVE ORDER by Downey Savings & Loan Association F.A.. (Humphries, Christine) (Filed on 7/2/2008)

27	Filed: 7/2/2008, Entered: 7/2/2008	Certificate of Service
	CERTIFICATE OF SERVICE by Downey Savings & Loan Association F.A. re [26] Proposed Order STIPULATED PROTECTIVE ORDER (Humphries, Christine) (Filed on 7/2/2008)

28	Filed: 7/2/2008, Entered: 7/2/2008	Stipulation and Order
	STIPULATION AND ORDER REGARDING Permitting Early Limited Discovery re [25]. Signed by Judge Elizabeth D. Laporte on 7/2/08. (lmh, COURT STAFF) (Filed on 7/2/2008)

29	Filed: 7/3/2008, Entered: 7/3/2008	Stipulation and Order
	STIPULATED PROTECTIVE ORDER. Signed by Judge Elizabeth D. Laporte on 7/3/08. (fj, COURT STAFF) (Filed on 7/3/2008)

30	Filed: 7/15/2008, Entered: 7/15/2008	Stipulation and Proposed Order selecting Early Neu
	STIPULATION and Proposed Order selecting Early Neutral Evaluation by Equity One Financial Corp. (Cusick, Stephen) (Filed on 7/15/2008)

31	Filed: 7/21/2008, Entered: 7/21/2008	Order Referring Case to Early Neutral Evaluation
	STIPULATION AND ORDER REFERRING CASE to Early Neutral Evaluation. Signed by Judge Elizabeth D. Laporte on 7/21/08. (lmh, COURT STAFF) (Filed on 7/21/2008)

32	Filed: 7/25/2008, Entered: 7/25/2008	ADR Clerks Notice Appointing ENE Evaluator
	ADR Clerks Notice Appointing George C. Fisher as ENE Evaluator. (af, COURT STAFF) (Filed on 7/25/2008)

33	Filed: 7/29/2008, Entered: 7/29/2008	Joint Case Management Statement
	JOINT CASE MANAGEMENT STATEMENT filed by Downey Savings & Loan Association F.A.. (Humphries, Christine) (Filed on 7/29/2008)

34	Filed: 8/5/2008, Entered: 8/6/2008	Case Management Conference - Initial
	Minute Entry: Initial Case Management Conference held on 8/5/2008 before Elizabeth D. Laporte. Case continued to 9/16/2008 02:00 PM for Plaintiff's Motion for Preliminary Injunction. (FTR 10:45am - 11:03am) (lmh, COURT STAFF) (Date Filed: 8/5/2008)

--	Filed: 8/6/2008, Entered: 8/6/2008	Pre ENE phone conference
	Pre ENE phone conference scheduled on August 19, 2008 at 3:30 p.m. (af, COURT STAFF) (Filed on 8/6/2008)

35	Filed: 8/6/2008, Entered: 8/6/2008	Case Management Scheduling Order
	CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL: All non-expert discovery shall be completed by by 2/27/2009. All expert discovery shall be completed by 6/2/2009. Last day to hear dispositive motions 4/21/2009 09:00 AM. Pretrial Conference set for 7/14/2009 02:00 PM. Jury Trial set for 8/10/2009 08:30 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D. Laporte on 8/6/08. (lmh, COURT STAFF) (Filed on 8/6/2008)

36	Filed: 8/12/2008, Entered: 8/12/2008	Motion for Preliminary Injunction
	First MOTION for Preliminary Injunction filed by Harry Donald Fisher. Motion Hearing set for 9/16/2008 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Pederson, Marvin) (Filed on 8/12/2008)

--	Filed: 8/21/2008, Entered: 8/21/2008	Set/Reset Hearings
	Set/Reset Hearings: ENE Hearing set for 9/15/2008 10:00 AM., at the offices of Stephen Cusick, Nielsen Haley & Abbot LLP, 44 Montgomery Street, Suite 750, San Francisco, CA 94104. ENE statements in accordance with the local ADR rules are to be received by Evaluator by 9/5/2008. (af, COURT STAFF) (Filed on 8/21/2008)

37	Filed: 8/21/2008, Entered: 8/21/2008	Stipulation
	STIPULATION REGARDING CONTINUANCE OF HEARING ON PRELIMINARY INJUNCTION by Downey Savings & Loan Association F.A.. (Humphries, Christine) (Filed on 8/21/2008)

38	Filed: 8/21/2008, Entered: 8/21/2008	Certificate of Service
	CERTIFICATE OF SERVICE by Downey Savings & Loan Association F.A. re [37] Stipulation Regarding Continuance of Hearing on Preliminary Injunction (Humphries, Christine) (Filed on 8/21/2008)

39	Filed: 8/22/2008, Entered: 8/22/2008	Order
	ORDER ON STIPULATION REGARDING Hearing on Motion for Preliminary Injunction [36]. Motion Hearing continued to 11/4/2008 09:00 AM. Signed by Judge Elizabeth D. Laporte on 8/22/08. (lmh, COURT STAFF) (Filed on 8/22/2008)

40	Filed: 9/4/2008, Entered: 9/4/2008	Proposed Order
	Proposed Order Excusing Claim Reprensentative Chris Hemsley and Defendant Erik Meyers from Attendance at Ene Session by Erik Meyers. (Cusick, Stephen) (Filed on 9/4/2008)

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