REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case on Plaintiff's Second Amended Complaint 157 filed by Defendants Balboa Insurance Company, Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Declaration of John Meadows in Support of Reply)(Levin, Fredrick) (Entered: 03/07/2016)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case On Plaintiff's Second Amended Complaint 153 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Shinaan Krakowsky, # 2 Proposed Order)(Krakowsky, Shinaan) (Entered: 02/22/2016)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case on Plaintiff's Second Amended Complaint 157 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Gary Haddock, # 2 Proposed Order)(Krakowsky, Shinaan) (Entered: 02/22/2016)
DECLARATION of Shinaan Krakowsky in opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint //Defendants' Corrected Notice Of Motion And Motion To Dismiss Plaintiff's Second Amended Complaint; Memorandum Of Points And Authorities 158 filed by Plaintiff Gary Craig Haddock. (Krakowsky, Shinaan) (Entered: 02/22/2016)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint //Defendants' Corrected Notice Of Motion And Motion To Dismiss Plaintiff's Second Amended Complaint; Memorandum Of Points And Authorities 158 filed by Plaintiff Gary Craig Haddock. (Krakowsky, Shinaan) (Entered: 02/22/2016)
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion to Dismiss Plaintiff's First Amended Complaint 155 , for the following reasons: Other: Referencing incorrect amended complaint. CORRECTED motion filed on the same day (bm) (Entered: 01/21/2016)
opposition opposition docket 112 sps re: MOTION to Dismiss Case NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 112 opposition filed by Plaintiff Gary Craig Haddock. (Straley, Teresa) (Entered: 09/07/2015)
opposition to docket no 114 opposition to docket no 114 re: MOTION to Dismiss Case 114 opposition to motion to dismiss docket no 114 filed by Plaintiff Gary Craig Haddock. (Straley, Teresa) (Entered: 09/07/2015)
BANA Motion To Dismiss & Motion To Strike Opposition to Docket No's 107, 105 re: MOTION to Strike Portions of First Amended Complaint 105 , MOTION to Dismiss Case ; Memorandum of Points and Authorities 107 Opposition to Docket Nos 107/105 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Haddock re 7 6 15 letters, # 2 Declaration Haddock re BANA address)(Straley, Teresa) (Entered: 09/07/2015)
ORDER GRANTING MOTION TO SET ASIDE CLERK'S DEFAULT 58 by Judge Philip S. Gutierrez. The Court grants Select Portfolio Servicing, Inc. motion and orders as follows: 1. The Default by Clerk 57 that was entered against SPS on December 3, 2014 is hereby set aside and vacated. 2. SPS is hereby given up three (3) days from the date this Order is entered to answer or otherwise respond to Plaintiffs complaint in this action. IT IS SO ORDERED. (lom) (Entered: 01/28/2015)
AMENDED DOCUMENT filed by Plaintiff Gary Craig Haddock. Amendment to Stipulation for Extension of Time to File 71 draft 1st amended complaint (Straley, Teresa) (Entered: 01/27/2015)
Opposition to Defendants' [Countrywide Bank, N.A. and Associated Movants] Motion to Dismiss Opposition re: MOTION to Dismiss Case ; Memorandum of Points and Authorities 20 filed by Plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 11/14/2014)
MINUTE ORDER IN CHAMBERS re ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED that Plaintiff show cause in writing on or before November 21, 2014 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following as an appropriate response to this Order to Show Cause. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7.15, oral argument will not be heard in this matter unless so ordered by the Court. (see document for further details) (bm) (Entered: 11/10/2014)
ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS (L.R. 7-1) by Judge Philip S. Gutierrez, re Stipulation 39 :NOTE CHANGES MADE BY THE COURT. Upon consideration of the Stipulation to Extend Time to Respond to Motions to Dismiss (L.R. 7-1) (Stipulation), and good cause appearing, IT IS HEREBY ORDERED that the Stipulation is GRANTED as follows: 1. The hearing date for Defendants (as that term is defined in the Stipulation) respective Motions to Dismiss is continued from November 17, 2014 to December 22, 2014; 2. Plaintiff shall file his oppositions to the Banking Defendant's (as that term is defined in the Stipulation) Notice of Motion and Motion to Dismiss the Complaint on or before November 14, 2014; 3. Plaintiff shall file his oppositions to Balboa Insurance Company, Meritplan Insurance Company, and Newport Insurance Company's Notice of Motion and Motion to Dismiss the Complaint on or before November 14, 2014; 4. Plaintiff shall file his oppositions to QBE Insurance Group Limited's Notice of Motion and Motion to Dismiss the Complaint on or before November 14, 2014; 5. Defendants shall file their respective replies to Plaintiff's oppositions on or before December 1, 2014. IT IS SO ORDERED. (bm) (Entered: 11/03/2014)
ORDER by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: 1. SPS may have until up until and including November 26, 2014, to answer, move to dismiss, or otherwise respond to Plaintiffs complaint; and 2. Nothing contained herein shall be construed as (1) an agreement by Plaintiff that this Court has jurisdiction over the complaint, (2) a waiver by Plaintiff of his right to file a timely motion to remand the complaint, (3) or a concession by SPS that the prospective motion to remand has merit or should be granted. (ab) (Entered: 09/16/2014)
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. This action has been assigned to the calendar of Judge Philip S. Gutierrez. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action, but upon the Court as well. "To secure the just, speedy, and inexpensive determination of every action," Fed. R. Civ. P. 1, all counsel are hereby ordered to familiarize themselves with the Fed. R. Civ. P., particularly Fed. R. Civ. P. 16, 26, the Local Rules of the Central District of California, this Court's Order for Jury Trial, and this Court's Order for Court Trial. (see document for further details) (bm) (Entered: 08/19/2014)
ORDER GRANTING SECOND JOINT STIPULATION REQUESTING EXTENSION OF TIME TO COMPLETE SETTLMENET DOCUMENTS AND FILE DISMISSAL WITH PREJUDICE by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File 225 : Upon consideration of the Second Joint Stipulation Fox Extension Of Time To CoMplete settlement Agreement And File Dismissal With Prejudice, and good cause appearing, IT IS HEREBY ORDERED that the Parties shall have an extension of time until and including June 21, 2017 to prepare and execute the necessary settlement documents. YT IS FURTHER ORDERED that the Parties will file a stipulation of voluntary dismissal with prejudice no later than June 21, 2017. (bm) (Entered: 06/01/2017)
Second STIPULATION for Extension of Time to File Dismissal filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Proposed Order)(Michel, Hayes) (Entered: 05/30/2017)
ORDER GRANTING JOINT STIPULATION REQUESTING EXTENSION OF TIME TO COMPLETE SETTLEMENT DOCUMENTS AND FILE DISMISSAL WITH PREJUDICE 223 by Judge Philip S. Gutierrez: The Parties will file a stipulation of voluntary dismissal with prejudice no later than May 31, 2017. (ah) (Entered: 05/18/2017)
STIPULATION for Extension of Time to File Dismissal filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Proposed Order)(Attorney Hayes F Michel added to party Gary Craig Haddock(pty:pla))(Michel, Hayes) (Entered: 05/12/2017)
ORDER GRANTING JOINT STIPULATION TO TAKE ALL PENDING DEADLINES OFF-CALENDAR IN LIGHT OF SETTLEMENT by Judge Philip S. Gutierrez, re Notice of Settlement, 217 : Upon consideration of the Notice of Settlement and Joint Stipulation to Take All Pending Deadlines Off-Calendar, and good cause appearing, IT IS HEREBY ORDERED that all forthcoming dates, deadlines, and hearings presently on-calendar, be taken off-calendar so that the Parties can prepare the necessary settlement documents. IT IS FURTHER ORDERED that the Parties will file a stipulation of voluntary dismissal with prejudice no later than May 15, 2017. (bm) (Entered: 04/19/2017)
SCHEDULING NOTICE TEXT ONLY - IN CHAMBERS by Magistrate Judge Frederick F. Mumm: In light of the parties Notice of Settlement filed 04/12/17, No. 217, the motion to compel hearing scheduled for 04/25/17 at 10:00 am has been vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY (Entered: 04/19/2017)
SEALED DOCUMENT CORRECTED SEALED EXHIBIT A TO DECLARATION OF STEPHEN GRZESKOWIAK IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Cause of Action for violation of California Business & Professions Code Sec. 17200 et seq. and Seventh Cause of Action for Unjust Enrichment/Restitution 209, Order on Motion for Leave to File Document Under Seal, 216 filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency.(Linden, Dustin) (Entered: 04/18/2017)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit A 218 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 04/14/2017)
SEALED DOCUMENT Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Cause of Action for violation of California Business & Professions Code Sec. 17200 et seq. and Seventh Cause of Action for Unjust Enrichment/Restitution 209, Order on Motion for Leave to File Document Under Seal, 216 filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency.(Linden, Dustin) (Entered: 04/13/2017)
NOTICE of Settlement and Joint Stipulation to Take All Pending Deadlines Off-Calendar filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Take All Pending Deadlines Off-Calendar in Light of Settlement)(Linden, Dustin) (Entered: 04/12/2017)
ORDER GRANTING DEFENDANTS QBE First Insurance Agency, Inc., Meritplan Insurance Company, And Newport Insurance Company's Application For Leave To File Under Seal One Confidential Exhibit by Judge Philip S. Gutierrez granting 210 APPLICATION to Seal Document (bm) (Entered: 04/10/2017)
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment under seal 210 filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Unredacted Document, # 2 Proof of Service)(Linden, Dustin) (Entered: 04/05/2017)
NOTICE OF ERRATA filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. regarding Sealed Declaration of Dustin A. Linden in Support of Defendants QBE FIRST Insurance Agency, Inc., Meritplan Insurance Company, and Newport Insurance Company's Application for Leave to File Under Seal One Confidential Exhibit [ECF No. 211] (Linden, Dustin) (Entered: 04/05/2017)
PROOF OF SERVICE filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency, re APPLICATION to file document Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment under seal 210, Sealed Declaration in SupportDeclaration, 211 served on April 5, 2017. (Linden, Dustin) (Entered: 04/05/2017)
PROOF OF SERVICE filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency, re APPLICATION to file document Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment under seal 210, Sealed Declaration in SupportDeclaration, 211 served on April 4, 2017. (Linden, Dustin) (Entered: 04/04/2017)
(CORRECTED VERSION RESUBMITTED ON 4/5/17 215 )SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment under seal 210 filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Unredacted Document Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment)(Linden, Dustin) Modified on 4/6/2017 (wm). (Entered: 04/04/2017)
APPLICATION to file document Exhibit A to Declaration of Stephen Grzeskowiak in Support of Defendants' Motion for Summary Judgment under seal filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Proposed Order, # 2 Redacted Document)(Linden, Dustin) (Entered: 04/04/2017)
NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Cause of Action for violation of California Business & Professions Code Sec. 17200 et seq. and Seventh Cause of Action for Unjust Enrichment/Restitution filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. Motion set for hearing on 6/12/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Separate Statement of Undisputed Facts and Conclusions of Law in Support, # 2 Declaration of Dustin A. Linden in support, # 3 Exhibit A - D to Linden Declaration, # 4 Declaration of Stephen Grzeskowiak in support, # 5 Exhibit A [Placeholder Pending Application for Leave to File Under Seal], # 6 Exhibit B - J to Grzeskowiak Declaration, # 7 Declaration of Jaime Cooper in support, # 8 Exhibit A - C to Cooper Declaration, # 9 Exhibit D - Q to Cooper Declaration, # 10 Proposed Order) (Linden, Dustin) (Entered: 04/04/2017)
NOTICE OF MOTION AND MOTION to Compel discovery and Joint Stipulation filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. Motion set for hearing on 4/25/2017 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Attachments: # 1 Declaration of Dustin A. Linden in support, # 2 Exhibit A to Linden Declaration, # 3 Exhibit B to Linden Declaration, # 4 Exhibit C to Linden Declaration, # 5 Exhibit D to Linden Declaration, # 6 Exhibit E to Linden Declaration, # 7 Exhibit F to Linden Declaration, # 8 Exhibit G to Linden Declaration, # 9 Exhibit H to Linden Declaration, # 10 Exhibit I to Linden Declaration, # 11 Exhibit J to Linden Declaration, # 12 Declaration of Shinaan S. Krakowsky in support, # 13 Proposed Order [Defendants' version], # 14 Proposed Order [Plaintiffs' version])(Linden, Dustin) (Entered: 04/04/2017)
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to (1) fifth cause of action for violation of California Business and Professions Code §17200, et seq.,(2) eighth cause of action for accounting, (3) tenth cause of action for violation of the F 205 filed by Defendant Select Portfolio Servicing, Inc.. (Ocon, Aileen) (Entered: 04/04/2017)
DECLARATION of Rebecca Adelman In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to (1) fifth cause of action for violation of California Business and Professions Code §17200, et seq.,(2) eighth cause of action for accounting, (3) tenth cause of action for violation of the F 205 filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibits 1 through 5 To Declaration of Rebecca Adelman, # 2 Exhibits 6 through 11 To Declaration of Rebecca Adelman, # 3 Exhibits 12 through 18 To Declaration of Rebecca Adelman)(Ocon, Aileen) (Entered: 04/04/2017)
NOTICE OF MOTION AND MOTION for Summary Judgment as to (1) fifth cause of action for violation of California Business and Professions Code §17200, et seq.,(2) eighth cause of action for accounting, (3) tenth cause of action for violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, (4) eleventh cause of action for violation of Cal. Civ. Code § 1785.25(a), (5) twelfth cause of action for violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681n, and (6) thirteenth cause of action for violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681o, Or In The Alternative, Partial Summary Judgment; Memorandum Of Points And Authorities In Support Thereof filed by Defendant Select Portfolio Servicing, Inc.. Motion set for hearing on 6/12/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Separate Statement Of Undisputed Material Facts, # 2 Proposed Order Granting Defendant Select Portfolio Servicing, Inc.'s Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment) (Ocon, Aileen) (Entered: 04/04/2017)
ORDER by Judge Philip S. Gutierrez, DENYING Stipulation to Continue All Trial and Attendant Dates and Deadlines by 90 Days While the Parties Pursue Settlement 203 . (mrgo) (Entered: 03/30/2017)
STIPULATION to Continue filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Declaration of Dustin A. Linden, # 2 Exhibit A to Linden Decl. - Mediator Letter to Judge Gutierrez, # 3 Proposed Order)(Linden, Dustin) (Entered: 03/29/2017)
ORDER GRANTING Joint Stipulation to Continue Discovery Cut0ff Date 200 by Judge Philip S. Gutierrez. The current discovery cut-off date is hereby vacated, and reset as follows: Discovery cut-off 5/2/2017. (jp) (Entered: 03/20/2017)
STIPULATION to Continue Discovery Cut-Off from March 21, 2017 to May 2, 2017 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration of Shinaan Krakowsky in support of Stipulation, # 2 Proposed Order)(Krakowsky, Shinaan) (Entered: 03/15/2017)
STIPULATION to Continue Trial and Attendant Dates and Deadlines from 06/27/17 to 09/26/17 filed by Defendants Bank of America, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., The Bank of New York Mellon. (Attachments: # 1 Declaration, # 2 Proposed Order)(Summerfield, Adam) (Entered: 03/06/2017)
NOTICE TO PARTIES by District Judge Phillip S. Gutierrez. Effective December 19, 2016, Judge Gutierrez will be located at the 1st Street Courthouse, COURTROOM 6A on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 6A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 12/09/2016)
MINUTE ORDER IN CHAMBERS by Judge Philip S. Gutierrez: On the Courts own motion, the Scheduling Conference presently set for October 3, 2016 isVACATED, and the following dates are hereby set. Please review the Courts trial order for further details. On the Courts own motion, the following dates are hereby set. Counsel are directed to review the Courts trial order for further details. Last Day to Add Parties & Amend Pleadings(Doe defendants are dismissed as of cut-off to add parties) 11/03/2016;Discovery Cut-Off: 03/21/2017 Last Day to File Motions: 04/04/2017;Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)] 03/28/2017;Rebuttal Expert Witness Disclosure: 04/25/2017 Expert Discovery Cut-Off: 05/26/2017; Final Pretrial Conference (2:30 p.m.): 06/12/2017Jury Trial (9:00 a.m.): 06/27/2017.(lc) (Entered: 09/29/2016)
ORDER/REFERRAL to ADR Procedure No 3 by Judge Philip S. Gutierrez. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than April 28, 2017. (dgon) (Entered: 09/29/2016)
JURY TRIAL ORDER by Judge Philip S. Gutierrez: Final Pretrial Conference set for 6/12/2017 at 02:30 PM. Jury Trial set for 6/27/2017 at 09:00 AM. (Please see attached document for further details.O) (dgon) (Entered: 09/29/2016)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Rule 26(f) Joint Status Report 191 . The following error(s) was found: Incorrect event selected. The correct event is: Pretrial and Trial Documents-Joint Report Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 09/27/2016)
STATUS REPORT ///Rule 26(f) Joint Status Report filed by Defendants BAC Home Loan Servicing, L.P., Bank of America, N.A., Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., The Bank of New York Mellon. (Summerfield, Adam) (Entered: 09/26/2016)
ORDER GRANTING JOINT STIPULATION TO REMOVE NINTH CLAIM FOR RELIEF (RESPA) IN PLAINTIFF'S THIRD AMENDED COMPLAINT 182 by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED as follows: 1. Plaintiff is not asserting a ninth claim for RESPA against Defendant SPS in the TAC; 2. The ninth claim in the TAC for RESPA shall be deemed removed from the TAC; and 3. Defendant SPS shall not be required to answer or otherwise respond to the ninth claim for RESPA in the TAC. (lom) (Entered: 07/08/2016)
ORDER GRANTING JOINT STIPULATION TO REMOVE SIXTH CLAIM FOR ESTOPPEL IN PLAINTIFF'S THIRD AMENDED COMPLAINT 184 by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED: Plaintiff is not asserting a sixth claim for estoppel against Defendants in the Third Amended Complaint ("TAC"); Plaintiffs sixth cause of action, for estoppel, shall be deemed removed from the TAC; and Defendants shall not be required to answer or otherwise respond to the sixth cause of action for estoppel in the TAC. (lom) (Entered: 07/08/2016)
ANSWER to Amended Complaint/Petition,, 175 Plaintiff's Third Amended Complaint filed by Defendants Bank of America, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc..(Summerfield, Adam) (Entered: 07/07/2016)
Joint STIPULATION for Order to Remove Sixth Claim for Estoppel in Plaintiff's Third Amended Complaint filed by Defendants Bank of America, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Remove Sixth Claim for Estoppel in Plaintiff's Third Amended Complaint)(Summerfield, Adam) (Entered: 07/06/2016)
Joint STIPULATION for Order To Remove Ninth Claim For Relief (RESPA) In Plaintiff's Third Amended Complaint filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: # 1 Proposed Order)(Ocon, Aileen) (Entered: 07/06/2016)
ORDER GRANTING JOINT STIPULATION TO REMOVE BALBOA INSURANCE COMPANY AS A DEFENDANT IN THE THIRD AMENDED COMPLAINT by Judge Philip S. Gutierrez, re Stipulation to Amend/Correct 176 : Upon consideration of the Joint Stipulation to Remove Balboa Insurance Company ("BIC") as a Defendant in the Third Amended Complaint ("TAC"), and good cause appearing, IT IS HEREBY ORDERED as follows: 1. BIC is not a defendant in the TAC; 2. BIC is not required to answer or otherwise respond to the TAC; 3. BIC's name shall be removed from the caption page of the TAC. (bm) (Entered: 07/06/2016)
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation for Order, 177, for the following reasons: Proposed Document was not submitted as separate attachment; No proposed order was submitted; (pj) (Entered: 07/06/2016)
NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: Notice To Filer of Deficiencies in Electronically Filed Documents 179 . Other: Document docketed is a duplicate of document 178 . Please disregard. (bm) (Entered: 07/05/2016)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation 177 . The following error(s) was found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s) are specified below: Proposed order was not submitted as a separate, additional attachment to the Joint Stipulation. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of a proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 07/05/2016)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation 177 . The following error(s) was found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s) are specified below: Proposed order was not submitted as a separate, additional attachment to the Joint Stipulation. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of a proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 07/05/2016)
Joint STIPULATION for Order To Remove Sixth Claim For Estoppel In The Third Amended Complaint filed by defendants BAC Home Loan Servicing, L.P., Bank of America, N.A., Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., The Bank of New York Mellon.(Summerfield, Adam). STRICKEN PURSUANT TO DOCUMENT NUMBER 181 ORDER TO STRIKE FILED ON 7/5/2016. Modified on 7/6/2016 (pj). (Entered: 07/01/2016)
ORDER GRANTING JOINT STIPULATION TO SET DATE FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO THE OPERATIVE COMPLAINT 173, by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED as follows: 1. Defendants need not answer or otherwise respond to the Second Amended Complaint ("SAC") before June 23, 2016; 2. If Plaintiff does not file a Third Amended Complaint ("TAC") by June 23, 2016, Defendants must answer or otherwise respond to the SAC by July 7, 2016. 3. If Plaintiff files a TAC by June 23, 2016, Defendants must answer or otherwise respond to the TAC by July 7, 2016. 4. If any of the Defendants files a Rule 12(b) motion in response to the TAC (if filed), the hearing date for any such motion(s) shall be set for no earlier than August 22, 2016, with Plaintiff's respective opposition(s) due 28 days before the hearing date so set. (bm) (Entered: 06/16/2016)
Joint STIPULATION for Extension of Time to File Response to the Operative Complaint filed by Defendants Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Proposed Order)(Linden, Dustin) (Entered: 06/13/2016)
MINUTES (IN CHAMBERS) GRANTING IN PART and DENYING IN PART Motions to Dismiss by Judge Philip S. Gutierrez: The Court therefore GRANTS IN PART and DENIES IN PART SPS's motion to dismiss, GRANTS IN PART and DENIES IN PART FPI Defendants' motion to dismiss, and GRANTS IN PART and DENIES IN PART BOA Defendants' motion to dismiss as follows: Count One (Breach of Contract): The Court DENIES the motion to dismiss as to Countrywide Bank, Countrywide HL, Countrywide FC, BOA, and BOA Home Lo ans. The Court GRANTS the motion to dismiss as to BNYM WITHOUT LEAVE TOAMEND. Count Two (Breach of the Covenant of Good Faith and Fair Dealing): The Court DENIES the motion to dismiss as to Countrywide Bank, Countrywide HL, Countrywide FC, BOA, and BOA Home Loans. The Court GRANTS the motion to dismiss as to BNYM WITHOUT LEAVE TO AMEND. Count Three (UCL Claim): The Court DENIES the motion to dismiss. Count Four (UCL claim): The Court DENIES the motion to dismiss as to Newport, Meritplan, and QBE First. The Court GRANTS the motion to dismiss as to Balboa WITHOUT LEAVE TO AMEND. Count Five (UCL Claim): The Court DENIES the motion to dismiss. Count Six (Estoppel): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Seven (Unjust Enrichment/Restitution): The Court DENIES the motion to dismiss as to Newport, Meritplan, and QBE First. The Court GRANTS the motion to dismiss as to Balboa WITHOUT LEAVE TO AMEND. Count Eight (Accounting): The Court DENIES the motion to dismiss. Count Nine (RESPA): The Court GRANTS the motion to dismiss. The dismissal is WITH LEAVE TO AMEND as to the 4424 Lindblade Property, and WITHOUT LEAVE TO AMEND as to the 13001 Washington Property and the 13007 Washington Property. Count Eleven (California Civil Code § 1785.25): The Court DENIES the motion to dismiss this claim to the extent it is predicated on § 1785.25(a), and GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND to the extent it is predicated on § 1785.25(f). Count Twelve (FCRA): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Thirteen (FCRA): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Plaintiff may file a Third Amended Complaint ("TAC") consistent with this order no later than June 23, 2016. If Plaintiff fails to file a TAC by that date, the claims dismissed with leave to amend will be dismissed with prejudice. Finally, the Court notes that much of the briefing in this case included a large number of footnotes. Although footnotes are allowed in briefs, footnotes should not be used to get around the page limitations set forth in Local Rule 11-6 and the Court's Standing Order. The Court will not penalize any of the parties for their footnote usage in this round of briefing, but warns them that similar behavior in future briefing papers may result in penalties or sanctions. (bm) (Entered: 06/02/2016)
TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT 153, DEFENDANTS QBE FIRST INSURANCE AGENCY, INC. MERITPLAN INSURANCE COMPANY, NEW PORT INSURANCE COMPANY, AND BALBOA INSURANCE COMPANY'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT 157 and DEFENDANTS' CORRECTED MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT 158 set for hearing on 03/21/16 are taken under submission and off calendar. Accordingly, no appearance by counsel/parties is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 03/17/2016)
REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case on Plaintiff's Second Amended Complaint 157 filed by Defendants Balboa Insurance Company, Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Declaration of John Meadows in Support of Reply)(Levin, Fredrick) (Entered: 03/07/2016)
REPLY In Support of Motion to Dismiss Plaintiffs Second Amended Complaint filed by Defendants Bank of America, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., The Bank of New York Mellon. (Attachments: # 1 Declaration)(Summerfield, Adam) (Entered: 03/07/2016)
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case On Plaintiff's Second Amended Complaint 153 filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: # 1 Declaration Of Aileen D. Ocon In Support Of Reply In Support Of Motion To Dismiss Plaintiff's Second Amended Complaint)(Ocon, Aileen) (Entered: 03/07/2016)
NOTICE OF LODGING filed with Proposed Order re MEMORANDUM in Opposition to Motion, 162 (Attachments: # 1 Proposed Order)(Krakowsky, Shinaan) (Entered: 02/23/2016)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case On Plaintiff's Second Amended Complaint 153 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Shinaan Krakowsky, # 2 Proposed Order)(Krakowsky, Shinaan) (Entered: 02/22/2016)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case on Plaintiff's Second Amended Complaint 157 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Gary Haddock, # 2 Proposed Order)(Krakowsky, Shinaan) (Entered: 02/22/2016)
DECLARATION of Shinaan Krakowsky in opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint //Defendants' Corrected Notice Of Motion And Motion To Dismiss Plaintiff's Second Amended Complaint; Memorandum Of Points And Authorities 158 filed by Plaintiff Gary Craig Haddock. (Krakowsky, Shinaan) (Entered: 02/22/2016)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint //Defendants' Corrected Notice Of Motion And Motion To Dismiss Plaintiff's Second Amended Complaint; Memorandum Of Points And Authorities 158 filed by Plaintiff Gary Craig Haddock. (Krakowsky, Shinaan) (Entered: 02/22/2016)
NOTICE of Interested Parties filed by Defendant QBE First Insurance Agency, identifying National General Lender Services, Inc., National General Holdings Corp., AmTrust International Insurance, Ltd.. (Attorney Dustin A Linden added to party QBE First Insurance Agency(pty:dft))(Linden, Dustin) (Entered: 01/26/2016)
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion to Dismiss Plaintiff's First Amended Complaint 155, for the following reasons: Other: Referencing incorrect amended complaint. CORRECTED motion filed on the same day (bm) (Entered: 01/21/2016)
CORRECTED NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint //Defendants' Corrected Notice Of Motion And Motion To Dismiss Plaintiff's Second Amended Complaint; Memorandum Of Points And Authorities filed by defendant BAC Home Loan Servicing, L.P., Bank of America Corp., Countrywide Bank, N.A., Countrywide Financial Corporation, The Bank of New York. Motion set for hearing on 3/21/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Summerfield, Adam) Modified on 1/15/2016 (bm). (Entered: 01/14/2016)
NOTICE OF MOTION AND MOTION to Dismiss Case on Plaintiff's Second Amended Complaint filed by Defendants Balboa Insurance Company, Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. Motion set for hearing on 3/21/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order) (Levin, Fredrick) (Entered: 01/14/2016)
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT filed by Defendants BAC Home Loan Servicing, L.P., Bank of America, N.A., Countrywide Bank, N.A., The Bank of New York Mellon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Summerfield, Adam) (Entered: 01/14/2016)
DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/20/16, DOCUMENT 159 . NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint ; Memorandum Of Points And Authorities filed by defendant BAC Home Loan Servicing, L.P., Bank of America, N.A., Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., The Bank of New York Mellon. Motion set for hearing on 3/21/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Defendants' Motion To Dismiss Plaintiff's Second Amended Complaint) (Summerfield, Adam) Modified on 1/21/2016 (bm). (Entered: 01/14/2016)
NOTICE OF MOTION AND MOTION to Dismiss Case On Plaintiff's Second Amended Complaint filed by Defendant Select Portfolio Servicing, Inc.. Motion set for hearing on 3/21/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Motion To Dismiss Second Amended Complaint) (Attorney Aileen Ocon added to party Select Portfolio Servicing, Inc.(pty:dft)) (Ocon, Aileen) (Entered: 01/14/2016)
Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan Lieberman counsel for Defendants Select Portfolio Servicing, Inc., Select Portfolio Servicing, Inc., Select Portfolio Servicing, Inc., Select Portfolio Servicing, Inc., Select Portfolio Servicing, Inc.. Jonathan Lieberman is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Select Portfolio Servicing, Inc.. (Attorney Jonathan Lieberman added to party Select Portfolio Servicing, Inc.(pty:dft), Attorney Jonathan Lieberman added to party Select Portfolio Servicing, Inc.(pty:dft))(Lieberman, Jonathan) (Entered: 12/18/2015)
ORDER GRANTING JOINT STIPULATION FOR EXTENSION OF TIME TO RESPOND TO THE SECOND AMENDED COMPLAINT AND FOR BRIEFING SCHEDULE 150, by Judge Philip S. Gutierrez: Upon consideration of the Joint Stipulation for Extension of Time to Respond to the Second Amended Complaint and for Briefing Schedule, and good cause appearing, IT IS HEREBY ORDERED as follows: 1. The deadline for Defendants to file and serve their responses to the Second Amended Complaint ("SAC") is extended from December 14, 2015 until January 14, 2016; 2. Defendants will coordinate and calendar hearing dates for their responses to the SAC no sooner than March 21, 2016, with all to occur on the same date; 3. The deadline for Plaintiff to file and serve oppositions to any of Defendants' responses to the SAC shall be no later than twenty-eight (28) days before the calendared hearing date; and, 4. The deadline for Defendants to file and serve replies in support of their responses to the SAC shall be no later than fourteen (14) days before the calendar hearing date. (bm) (Entered: 12/07/2015)
Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition,, 149 filed by Defendants Balboa Insurance Company, Meritplan Insurance Company, Newport Insurance Company, QBE First Insurance Agency. (Attachments: # 1 Proposed Order)(Attorney Dustin A Linden added to party QBE First Insurance Agency(pty:dft))(Linden, Dustin) (Entered: 12/03/2015)
NOTICE of Association of Counsel associating attorney Shinaan S. Krakowsky on behalf of Plaintiff Gary Craig Haddock. Filed by Plaintiff Gary Craig Haddock (Attorney Shinaan S Krakowsky added to party Gary Craig Haddock(pty:pla))(Krakowsky, Shinaan) (Entered: 11/25/2015)
MINUTES (IN CHAMBERS) Order GRANTING IN PART and DENYING IN PART BANA Defendants' Motion to Dismiss; DENYING IN PART and RENDERING MOOT IN PART BANA Defendants' Motion to Strike; GRANTING QBEIGL's Motion to Dismiss; GRANTING QBE Entities' Motion to Dismiss; GRANTING Meritplan Defendants' Motion to Dismiss; and GRANTING IN PART and DENYING IN PART SPS's Motion to Dismiss by Judge Philip S. Gutierrez: A summary of the Order is as follows: Count One (Breach of Contract Security Agreement): The Court DENIES the motion to dismiss as to Countrywide Bank; Countrywide HL; Countrywide Fin.; BOA; and BACHLS. The Court GRANTS the motion to dismiss as to BOA Corp.; BACFS; BACTS; BOAIS; BOAR; BNYM; NB; and ReconTrust WITHOUT LEAVE TOAMEND. Count Two (Breach of Contract Repayment Agreement): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Three (Breach of Implied Covenant Security Agreement): The Court DENIES the motion to dismiss as to Countrywide Bank; Countrywide HL; Countrywide Fin.;BOA; and BACHLS. The Court GRANTS the motion to dismiss as to BOA Corp.;BACFS; BACTS; BOAIS; BOAR; BNYM; NB; and ReconTrust WITHOUT LEAVE TO AMEND. Count Four (Breach of Implied Covenant Repayment Agreement): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Five (Estoppel): The Court GRANTS the motion to dismiss. Plaintiff has leave to amend only as to Countrywide Bank; Countrywide HL; Countrywide Fin.; BOA; BACHLS; and BNYM. Count Six (UCLBANA Defendants and FPI): Plaintiff has leave to amend only as to Countrywide Bank; Countrywide HL; Countrywide Fin.; BOA; BACHLS; and BNYM. Count Seven (UCLQBE Entities and Meritplan Defendants): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND as to Balboa; Meritplan; Newport;QBEIC; QBEFIA; QBEH; QBER; QBESI. The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND as to QBEIGL; Balboa IS; and NMC. Count Eight (UCLBANA Defendants & Loan Modifications): The Court GRANTS the motion to dismiss. Plaintiff has leave to amend only as to Countrywide Bank;Countrywide HL; Countrywide Fin.; BOA; BACHLS; and BNYM. Count Nine (UCLBANA Defendants & Improper Securitization): The Court GRANTS the motion to dismiss. Plaintiff has leave to amend only as to Countrywide Bank;Countrywide HL; Countrywide Fin.; BOA; BACHLS; and BNYM. Count Ten (UCLSPS): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Eleven (Unjust Enrichment): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND as to Balboa; Meritplan; Newport; QBEIC; QBEFIA; QBEH; QBER; QBESI. The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND as to QBEIGL; Balboa IS; and NMC. Count Twelve (Misrepresentation BANA Defendants): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Thirteen (Misrepresentation SPS): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Fourteen (Accounting): The Court GRANTS the motion to dismiss. Plaintiff has leave to amend only as to Countrywide Bank; Countrywide HL; Countrywide Fin.; BOA; BACHLS; BNYM; and SPS. Count Fifteen (RESPA Qualified Written Response): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Sixteen (RESPA Adverse Information): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Seventeen (Fraud): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Eighteen (Conspiracy to Defraud): The Court GRANTS the motions to dismiss as to Countrywide Bank; Countrywide HL; Countrywide Fin.; BOA; BACHLS; BNYM; Balboa; Meritplan; Newport; QBEIC; QBEFIA; QBEH; QBER; and QBESI WITH LEAVE TO AMEND. The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND as to BOA Corp.; BACFS; BACTS; BOAIS; BOAR; NB; ReconTrust; QBEIGL; Balboa IS; and NMC. Count Nineteen (FDCA): The Court DENIES the motion to dismiss. Count Twenty (Cal. Civ. Code § 1785.25SPS): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Twenty One (FCRA § 1681nSPS): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Twenty Two (FCRA § 1681oSPS): The Court GRANTS the motion to dismiss WITH LEAVE TO AMEND. Count Twenty Three (Cal. Civ. Code § 1785.25BANA Defendants): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Twenty Four (FCRA § 1681n BANA Defendants): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Twenty Five (FCRA § 1681o BANA Defendants): The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. Count Twenty Six (Cal. Civ. Code § 2955.5): The Court GRANTS the motion to dismiss. Plaintiff has leave to amend only as to Countrywide Bank; Countrywide HL; Countrywide Fin.; BOA; BACHLS; and BNYM. Plaintiffs may file a Second Amended Complaint ("SAC") consistent with this opinion no later than November 26, 2015. Plaintiff may not add new defendants or causes of action without the Court's express permission. If Plaintiffs fail to file a SAC by that date, the claims dismissed with leave to amend will be dismissed with prejudice. (bm) (Entered: 10/27/2015)
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT 105, DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT 107, DEFENDANT SELECT PORTFOLIO SERVICING, INC.'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT 112, DEFENDANTS MERITPLAN INS. COMPANY, NEWPORT INS. CO., QBE FIRST INS. AGENCY, INC., and NEWPORT MGT CORP.'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT 114, DEFENDANTS BALBOA INS. COMPANY, QBE INSURANCE CORP., QBE REINSURANCE CORP., QBE SPECIALTY INSURANCE CO., and QBE HOLDINGS, INC.,'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT 116 and DEFENDANT QBE INSURANCE GROUP LIMITED'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT 117 set for hearing on 10/05/15 are taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 09/29/2015)
REPLY in support of MOTION to Dismiss Case 114 filed by Defendants Meritplan Insurance Company, Newport Insurance Company, Newport Management Corporation, QBE First Insurance Agency. (Levin, Fredrick) (Entered: 09/22/2015)
REPLY Reply in Support of Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendant Select Portfolio Servicing, Inc.. (Attorney Jonathan Lieberman added to party Select Portfolio Servicing, Inc.(pty:dft))(Lieberman, Jonathan) (Entered: 09/22/2015)
OBJECTIONS to Objection/Opposition (Motion related), 130 /Defendant's Objection to Plainff's Second Declaration in Support of Opposition to Motion to Dismiss and Motion to Strike filed by Defendants BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 09/21/2015)
OBJECTIONS to Objection/Opposition (Motion related), 130 /Defendant's Objection to Plainff's First Declaration in Support of Opposition to Motion to Dismiss and Motion to Strike filed by Defendants BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 09/21/2015)
REPLY IN SUPPORT OF MOTION to Strike Portions of First Amended Complaint 105 /Defendant's Reply in Support of Motion to Strike Portions of Plaintiff's First Amended Complaint filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 09/21/2015)
REPLY IN SUPPORT OF MOTION to Dismiss Case ; Memorandum of Points and Authorities 107 /Defendant's Reply in Support of Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp., Bank of America Corporation, Bank of America Reinsurance Corporation, Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 09/21/2015)
ORDER by Judge Philip S. Gutierrez: DENYING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE OF THE COURT TO INCREASE THE SIZE OF CERTAIN OPPOSITION BRIEFSOR TO FILE SUBSTITUTE BRIEFS 136 (wm) (Entered: 09/14/2015)
EX PARTE APPLICATION to Exceed Page Limitation Exhibits A&B to Ex Parte, EX PARTE APPLICATION to Shorten Time for Hearing on to 92115, EX PARTE APPLICATION for Leave to file Exhibits A&B to Ex Parte Application/Motion filed by plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Teresa Straley, # 2 Proposed Order, # 3 Memorandum Opp to 114 @25 pages, # 4 Memorandum Opp to 107, 105@25 pages, # 5 Exhibit Part 1 Exhibits to Exhibit B, # 6 Exhibit Part 2 Exhibits to Exhibit B) (Straley, Teresa) (Entered: 09/14/2015)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Oppositions to Motion to Dismiss 133 . The following error(s) was found: Other error(s) with document(s) are specified below: Title page is on page 2 instead of page 1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 09/09/2015)
opposition to docket 116 opposition to docket 116 re: MOTION to Dismiss Case 116 opposition to motion to dismiss docket 116 filed by Plaintiff Gary Craig Haddock. (Straley, Teresa) (Entered: 09/08/2015)
opposition opposition docket 112 sps re: MOTION to Dismiss Case NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 112 opposition filed by Plaintiff Gary Craig Haddock. (Straley, Teresa) (Entered: 09/07/2015)
opposition to docket no 114 opposition to docket no 114 re: MOTION to Dismiss Case 114 opposition to motion to dismiss docket no 114 filed by Plaintiff Gary Craig Haddock. (Straley, Teresa) (Entered: 09/07/2015)
BANA Motion To Dismiss & Motion To Strike Opposition to Docket No's 107, 105 re: MOTION to Strike Portions of First Amended Complaint 105, MOTION to Dismiss Case ; Memorandum of Points and Authorities 107 Opposition to Docket Nos 107/105 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration Haddock re 7 6 15 letters, # 2 Declaration Haddock re BANA address)(Straley, Teresa) (Entered: 09/07/2015)
to Defendants Motion to Dismiss Docket No 117 opposition to docket no 117 re: MOTION to Dismiss Case 117 opposition filed by Plaintiff Gary Craig Haddock. (Straley, Teresa) (Entered: 09/07/2015)
ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE PLAINTIFFS OPPOSITIONS TO MOTION TO DISMISS & MOTION TO STRIKE FIRST AMENDED COMPLAINT(L.R. 7-1) 127 by Judge Philip S. Gutierrez: The hearing date for Defendants motions is continued to October 5, 2015, at 1:30 p.m. (Please see attached document for further details.) (dgon) (Entered: 06/29/2015)
Corrected STIPULATION for Extension of Time to File Oppositions and Replies related to Defendants' Motions to Strike and Dismiss (REFILED TO INCLUDE CORRECTED PROPOSED ORDER) filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Proposed Order (Revised))(Straley, Teresa) (Entered: 06/24/2015)
STIPULATION for Extension of Time to File Oppositions and Replies related to Defendants' Motions to Strike and Dismiss filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Proposed Order)(Straley, Teresa) (Entered: 06/24/2015)
DECLARATION of Teresa Straley in Response to Defendants Joint Response to Ex Parte Motion for Extension of Time to File Oppositions to Motions to Dismiss and Motion to Strike EXPARTE APPLICATION for Extension of Time to File oppositions to motions to dismiss 120 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Certificate of Service)(Straley, Teresa) (Entered: 06/11/2015)
ORDER by Judge Philip S. Gutierrez: granting 120 Ex Parte Application for Extension of Time to File Oppositions to Motion to Dismiss and Motion to Strike. 1. Plaintiffs oppositions to Motions to Dismiss and Motion to Strike to be filed on or before July 8, 2015; 2. Defendants replies to be filed on or before July 22, 2015; 3. Hearing date August 3, 2015, 1:30 p.m. (shb) (Entered: 06/09/2015)
DECLARATION of Teresa Straley 2nd Declaration in support of EXPARTE APPLICATION for Extension of Time to File oppositions to motions to dismiss EXPARTE APPLICATION for Extension of Time to File oppositions to motions to dismiss 120 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Certificate of Service)(Straley, Teresa) (Entered: 06/09/2015)
Amendment to EXPARTE APPLICATION for Extension of Time to File oppositions to motions to dismiss 120 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration of Teresa Straley, # 2 Declaration of Christopher P. Blaxland, # 3 Proposed Order, # 4 Certificate of Service)(Straley, Teresa) (Entered: 06/08/2015)
EXPARTE APPLICATION for Extension of Time to File oppositions to motions to dismiss filed by plaintiff Gary Craig Haddock.(Straley, Teresa) (Entered: 06/05/2015)
DECLARATION of Peter Horton In Support Of MOTION to Dismiss Case 117, MOTION to Dismiss Case 116 filed by Defendants Balboa Insurance Company, QBE Holdings, Inc., QBE Insurance Corp., QBE Insurance Group, Ltd., QBE Reinsurance Corporation, QBE Specialty Insurance Company. (Levin, Fredrick) (Entered: 04/14/2015)
DECLARATION of John Meadows In Support Of MOTION to Dismiss Case 117, MOTION to Dismiss Case 116, MOTION to Dismiss Case 114 and Request For Judicial Notice 115 filed by Defendants Balboa Insurance Company, Meritplan Insurance Company, Newport Insurance Company, Newport Management Corporation, QBE First Insurance Agency, QBE First Insurance Agency, QBE Holdings, Inc., QBE Insurance Corp., QBE Insurance Group, Ltd., QBE Reinsurance Corporation, QBE Specialty Insurance Company. (Levin, Fredrick) (Entered: 04/14/2015)
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant QBE Insurance Group, Ltd.. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Dustin Linden, # 2 Proposed Order)(Attorney Fredrick S Levin added to party QBE Insurance Group, Ltd.(pty:dft))(Levin, Fredrick) (Entered: 04/14/2015)
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Balboa Insurance Company, QBE Holdings, Inc., QBE Insurance Corp., QBE Reinsurance Corporation, QBE Specialty Insurance Company. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Attorney Fredrick S Levin added to party Balboa Insurance Company(pty:dft), Attorney Fredrick S Levin added to party QBE Holdings, Inc.(pty:dft), Attorney Fredrick S Levin added to party QBE Insurance Corp.(pty:dft), Attorney Fredrick S Levin added to party QBE Reinsurance Corporation(pty:dft), Attorney Fredrick S Levin added to party QBE Specialty Insurance Company(pty:dft))(Levin, Fredrick) (Entered: 04/14/2015)
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Meritplan Insurance Company, Newport Insurance Company, Newport Management Corporation, QBE First Insurance Agency. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Attorney Fredrick S Levin added to party Meritplan Insurance Company(pty:dft), Attorney Fredrick S Levin added to party Newport Insurance Company(pty:dft), Attorney Fredrick S Levin added to party Newport Management Corporation(pty:dft), Attorney Fredrick S Levin added to party QBE First Insurance Agency(pty:dft), Attorney Fredrick S Levin added to party QBE First Insurance Agency(pty:dft))(Levin, Fredrick) (Entered: 04/14/2015)
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 112 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed by defendant Select Portfolio Servicing, Inc.((a Utah corporation for loan servicing)). (Attachments: # 1 Exhibit Exhibit)(Lieberman, Jonathan) (Entered: 04/14/2015)
NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by defendant Select Portfolio Servicing, Inc.((a Utah corporation for loan servicing)). Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order [Proposed] Order)(Lieberman, Jonathan) (Entered: 04/14/2015)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [Proposed] Orders 109, 110 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below The correct event is: Notices-Notice of Lodging.: A stand-alone proposed order should be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 04/14/2015)
EXHIBIT Exh 1 Proposed Order to MOTION to Strike Portions of First Amended Complaint 105 filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., NB Holdings, Inc., NB Holdings, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 04/13/2015)
EXHIBIT Exh 1 Proposed Order to MOTION to Dismiss Case ; Memorandum of Points and Authorities 107 filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., NB Holdings, Inc., NB Holdings, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 04/13/2015)
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case ; Memorandum of Points and Authorities 107 filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation((a California Corporation)), BAC Home Loan Servicing, L.P., BAC Tax Services Corporation((a California Corporation)), BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp.(duplicatively sued as Bank of America Corporation), Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation(( a Vermont Corporation)), Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A.((a National Association)), Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Summerfield, Adam) (Entered: 04/13/2015)
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation((a California Corporation)), BAC Home Loan Servicing, L.P., BAC Tax Services Corporation((a California Corporation)), BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp.(duplicatively sued as Bank of America Corporation), Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation(( a Vermont Corporation)), Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A.((a National Association)), Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Summerfield, Adam) (Entered: 04/13/2015)
NOTICE OF ERRATA filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation, BAC Home Loan Servicing, L.P., BAC Tax Services Corporation, BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., Countrywide Home Loans, Inc., NB Holdings, Inc., NB Holdings, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon, The Bank of New York Mellon. correcting MOTION to Strike Portions of First Amended Complaint 105 (Attachments: # 1 Exhibit A To Notice of Errata To Defendants' Notice Of Motion And Motion To Strike Portions Of Plaintiff's First Amended Complaint)(Summerfield, Adam) (Entered: 04/13/2015)
NOTICE OF MOTION AND MOTION to Strike Portions of First Amended Complaint filed by Defendants BAC Field Services Corporation, BAC Field Services Corporation((a California Corporation)), BAC Home Loan Servicing, L.P., BAC Tax Services Corporation((a California Corporation)), BAC Tax Services Corporation, Banc of America Insurance Services, Inc., Bank of America Corp., Bank of America Corp.(duplicatively sued as Bank of America Corporation), Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation(( a Vermont Corporation)), Bank of America Reinsurance Corporation, Bank of America, N.A., Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Bank, N.A.((a National Association)), Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., Recontrust Company, N.A., The Bank of New York, The Bank of New York Mellon. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attorney Adam F Summerfield added to party BAC Home Loan Servicing, L.P.(pty:dft), Attorney Adam F Summerfield added to party Banc of America Insurance Services, Inc.(pty:dft))(Summerfield, Adam) (Entered: 04/13/2015)
ORDER GRANTING JOINT STIPULATION TOFURTHER EXTEND THE DEADLINE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT 102 by Judge Philip S. Gutierrez: Upon consideration of the Joint Stipulation to Further Extend the Deadline to Answer or Otherwise Respond to Plaintiff's First Amended Complaint, and good cause appearing, IT IS HEREBY ORDERED as follows: 1. Defendants shall file their respective responses to the operative FAC no later than April 14, 2015; and 2. Defendants shall not set any motions for hearing less than seventy (70) days from the date of the filing of such motions. 3. Plaintiff will file his opposition to any motion no later than 28 days before the hearing date. 4. Defendants will file their reply briefs no later than 14 days before the hearing date. (bm) (Entered: 03/31/2015)
STIPULATION for Extension of Time to File Answer to April 14, 2015 re Amended Complaint/Petition,, 93 filed by Defendant Select Portfolio Servicing, Inc.((a Utah corporation for loan servicing)). (Attachments: # 1 Proposed Order)(Attorney Jonathan Lieberman added to party Select Portfolio Servicing, Inc.(pty:dft))(Lieberman, Jonathan) (Entered: 03/27/2015)
MINUTES (IN CHAMBERS) ORDER RENDERING MOOT Defendant's Motion to Dismiss and VACATING its Hearing Date by Judge Philip S. Gutierrez finding as moot 81 Motion to Dismiss Case: On January 30, 2015, Defendant Select Portfolio Servicing, Inc. ("SPS") filed a motion to dismiss Plaintiff Gary Craig Haddock's ("Plaintiff") claims asserted against it. See Dkt. No. 81. The hearing for this motion is set for March 23, 2015. Id. On March 3, 2015, Plaintiff filed a First Amendment Complaint ("FAC"). See Dkt. No. 96. As a result, the new FAC RENDERS MOOT SPS's motion to dismiss (Dkt. No. 81) and the Court VACATES the motion's March 23, 2015 hearing date. (bm) (Entered: 03/16/2015)
ORDER granting Stipulation To Extend The Deadline To Answer Or Otherwise Respond To Plaintiff's First Amended Complaint 98, by Judge Philip S. Gutierrez: Upon consideration of the Joint Stipulation to Extend the Deadline to Answer or Otherwise Respond to Plaintiff's First Amended Complaint, and good cause appearing, IT IS HEREBY ORDERED as follows: 1. Defendants shall file their respective responses to the FAC no later than March 31, 2015; and 2. Defendants shall not set any motions for hearing less than sixty (60) days from the date of the filing of such motions. (bm) (Entered: 03/13/2015)
STIPULATION Extending Time to Answer the complaint as to re Errata, 96, Amended Complaint/Petition,, 93 filed by Defendants Bank of America Home Loans, L.P., BAC Field Services Corporation, Countrywide Home Loans, Inc., Countrywide Financial Corporation, Bank of America Reinsurance Corporation(( a Vermont Corporation)), BAC Tax Services Corporation((a California Corporation)), Bank of America Reinsurance Corporation, Bank of America, N.A., Countrywide Bank, N.A., Recontrust Company, N.A., Bank of America, N.A., Bank of America Corporation, Countrwide Financial Corporation, Countrywide Bank, N.A.((a National Association)), Bank of America Corp., Recontrust Company N.A., BAC Field Services Corporation((a California Corporation)), BAC Tax Services Corporation, Countrywide Home Loans, Banc of America Insurance Services, Inc., Bank of America Corp.(duplicatively sued as Bank of America Corporation), BAC Home Loan Servicing, L.P., Countrywide Financial. (Attachments: # 1 Proposed Order [Proposed] Order Granting Joint Stipulation to Extend the Deadline to Answer or Otherwise Respond to Plaintiff's First Amended Complaint)(Summerfield, Adam) (Entered: 03/11/2015)
NOTICE OF ERRATA filed by Plaintiff Gary Craig Haddock. correcting Amended Complaint/Petition,, 93 (Attachments: # 1 First Amended Complaint, # 2 Exhibit List to First Amended Complaint, # 3 Exhibits 1-10 to First Amended Complaint, # 4 Exhibits 11-29 to First Amended Complaint, # 5 Exhibits 30-44 to First Amended Complaint, # 6 Certificate of Service)(Straley, Teresa) (Entered: 03/03/2015)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint Exhibits 94 . The following error(s) was found: Other error(s) with document(s) are specified below: Title page is incorrect, and should be captioned "Exhibits to First Amended Complaint", not just a duplicate of the First Amended Complaint title page. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 03/03/2015)
NOTICE OF ERRATA RE EXHIBIT 20 OF FIRST AMENDED COMPLAINT FILED FEBRUARY 2, 2015; ORDER by Judge Philip S. Gutierrez, re Errata 90 : NOTE CHANGES MADE BY THE COURT. IT IS SO ORDERED. (bm) (Entered: 02/25/2015)
MINUTES OF STATUS CONFERENCE RE: EX PARTE MOTION FOR EXTENSION OF TIME TO FILE FIRST AMENDED COMPLAINT (DOC. 73) granting 73 Ex Parte Application held before Judge Philip S. Gutierrez: The Court, having admonished counsel, orders Plaintiff to file a first amended complaint by March 2, 2015. Responses shall be filed in accordance with the statue. Court Reporter: Marea Woolrich. (bm) (Entered: 02/23/2015)
STIPULATION Extending Time to Answer the complaint as to re Amended Complaint/Petition 84 filed by Defendants BAC Field Services Corporation, Countrywide Home Loans, Inc., Countrywide Financial Corporation, Bank of America Reinsurance Corporation(( a Vermont Corporation)), BAC Tax Services Corporation((a California Corporation)), Bank of America Reinsurance Corporation, Bank of America, N.A., Countrywide Bank, N.A., NB Holdings, Inc., Recontrust Company, N.A., Bank of America, N.A., Bank of America Corporation, NB Holdings, Inc.(Doe 2), Countrywide Bank, N.A.((a National Association)), Bank of America Corp., Recontrust Company N.A., BAC Field Services Corporation((a California Corporation)), BAC Tax Services Corporation, The Bank of New York Mellon, Bank of America Corp.(duplicatively sued as Bank of America Corporation). (Attachments: # 1 Proposed Order Granting Joint Stipulation To Extend The Deadline To Answer Or Otherwise Respond To Plaintiff's First Amended Complaint)(Attorney Adam F Summerfield added to party BAC Field Services Corporation(pty:dft), Attorney Adam F Summerfield added to party BAC Tax Services Corporation(pty:dft), Attorney Adam F Summerfield added to party Bank of America Corp.(pty:dft), Attorney Adam F Summerfield added to party Bank of America Reinsurance Corporation(pty:dft), Attorney Adam F Summerfield added to party Bank of America, N.A.(pty:dft), Attorney Adam F Summerfield added to party Bank of America, N.A.(pty:dft), Attorney Adam F Summerfield added to party Countrywide Bank, N.A.(pty:dft), Attorney Adam F Summerfield added to party Countrywide Financial Corporation(pty:dft), Attorney Adam F Summerfield added to party Countrywide Home Loans, Inc.(pty:dft), Attorney Adam F Summerfield added to party NB Holdings, Inc.(pty:dft), Attorney Adam F Summerfield added to party Recontrust Company, N.A.(pty:dft), Attorney Adam F Summerfield added to party The Bank of New York Mellon(pty:dft))(Summerfield, Adam) (Entered: 02/12/2015)
NOTICE of Appearance filed by attorney Dustin A Linden on behalf of Defendants Balboa Insurance Company, Meritplan Insurance Company, Newport Insurance Company (Attorney Dustin A Linden added to party Balboa Insurance Company(pty:dft), Attorney Dustin A Linden added to party Meritplan Insurance Company(pty:dft), Attorney Dustin A Linden added to party Newport Insurance Company(pty:dft))(Linden, Dustin) (Entered: 02/06/2015)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial) 86, Exhibit (non-trial) 85 . The following error(s) was found: Caption of document is incomplete/incorrect. Incorrect event selected. The correct event is: Errata. See Other. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 02/04/2015)
EXHIBIT Filed filed by Plaintiff Gary Craig Haddock. Exhibits to First Amended Complaint (Sections 1 and 2) as to Amended Complaint/Petition 84 . (Attachments: # 1 Exhibit (Section 2))(Straley, Teresa) (Entered: 02/03/2015)
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, the Status Conference presently set for 02/02/15 is continued to 02/23/15 at 1:30pm.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 01/30/2015)
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case (Complaint); Memorandum of Points and Authorities 81 filed by Defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)). (Attachments: # 1 Exhibits 1-10)(Lieberman, Jonathan) (Entered: 01/30/2015)
NOTICE OF MOTION AND MOTION to Dismiss Case (Complaint); Memorandum of Points and Authorities filed by Defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)). Motion set for hearing on 3/23/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Attorney Jonathan Lieberman added to party Select Portfolio Servicing, Inc.(pty:dft))(Lieberman, Jonathan) (Entered: 01/30/2015)
DECLARATION of Christopher P. Blaxland re Status Conference Ordered for 2/2/2015 at 1:30 pm filed by Plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 01/30/2015)
REPLY Plaintiff's Reply to Balboa Insurance Company, Meritplan Insurance Company and Newport Insurance Company's Opposition to EXPARTE APPLICATION for Extension of Time to File 1st amended complaint 73 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration of Teresa Straley in Support, # 2 Declaration of Christopher P. Blaxland in Support)(Blaxland, Christopher) (Entered: 01/29/2015)
TEXT ONLY ENTRY [IN CHAMBERS] by Judge Philip S. Gutierrez: On the Court's own motion, a Status Conference is set for 02/02/2015 at 1:30 pm. Counsel ORDERED to be present on date and time specified above. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY (Entered: 01/29/2015)
OPPOSITION to EXPARTE APPLICATION for Extension of Time to File 1st amended complaint 73 filed by Defendants Balboa Insurance, Inc., Meritplan Insurance Company, Newport Insurance Company. (Attachments: # 1 Declaration of Dustin A. Linden, # 2 Exhibit A to Decl. of Dustin A. Linden, # 3 Exhibit B to Decl. of Dustin A. Linden)(Levin, Fredrick) (Entered: 01/28/2015)
ORDER GRANTING MOTION TO SET ASIDE CLERK'S DEFAULT 58 by Judge Philip S. Gutierrez. The Court grants Select Portfolio Servicing, Inc. motion and orders as follows: 1. The Default by Clerk 57 that was entered against SPS on December 3, 2014 is hereby set aside and vacated. 2. SPS is hereby given up three (3) days from the date this Order is entered to answer or otherwise respond to Plaintiffs complaint in this action. IT IS SO ORDERED. (lom) (Entered: 01/28/2015)
CERTIFICATE OF SERVICE filed by Plaintiff Gary Craig Haddock, (Stipulation To Extend Time To File First Amended Complaint; Proposed Order To Extend Time To File First Amended Complaint; Plaintiffs Ex Parte Motion For Extension Of Time To File First Amended Complaint; Memorandum Of Points And Authorities; Declaration Of Teresa Straley; Declaration Of Christopher P. Blaxland; Proposed Order; Declaration Of Teresa Straley In Support Of Ex Parte Motion For An Order Extending Time To File The First Amended Complaint; Declaration Of Christopher P. Blaxland In Support Of Ex Parte Motion For Extension Of Time To File The First Amended Complaint; Draft First Amended Complaint) served on 1/26/2015. (Blaxland, Christopher) (Entered: 01/27/2015)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint 72 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below The correct event is: Notices-Notice of Lodging.: Document should have been e-filed as a Notice of Lodging with the separate, additional attachment of the First Amended Complaint. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/27/2015)
AMENDED DOCUMENT filed by Plaintiff Gary Craig Haddock. Amendment to Stipulation for Extension of Time to File 71 draft 1st amended complaint (Straley, Teresa) (Entered: 01/27/2015)
First STIPULATION for Extension of Time to File first amended complaint filed by plaintiff Gary Craig Haddock. (Attachments: # 1 Proposed Order)(Straley, Teresa) (Entered: 01/26/2015)
REPLY IN SUPPORT OF MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37), 57 . 58 filed by Defendant Select Portfolio Servicing, Inc.. (Sison, Conrad) (Entered: 01/26/2015)
OPPOSITION to MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37), 57 . 58 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration of Gary Craig Haddock)(Blaxland, Christopher) (Entered: 01/19/2015)
Notice of Appearance or Withdrawal of Counsel: for attorney Sally W Mimms counsel for Defendant Select Portfolio Servicing, Inc.. Sally Weiss Mimms is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Select Portfolio Servicing, Inc.. (Mimms, Sally) (Entered: 01/16/2015)
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART and DENYING IN PART Motion to Dismiss by Judge Philip S. Gutierrez granting in part and denying in part 20 Motion to Dismiss Case: For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART Moving Defendants motion to dismiss the claims against them. The following claims are DISMISSED, with leave to amend: (1) Fraud; (2) Intentional Misrepresentation; (3) Negligence Misrepresentation; (4) Violations of the FCRA and CCRAA; (5) Breach of Contract, so far as it is premised on the Repayment Plan; (6) Economic Duress; (7) Breach of the Implied Covenant of Good Faith and Fair Dealing; (8) Invasion of Privacy; (9) IIPEA; and (10) Violation of the UCL. The following claims are DISMISSED, WITHOUT leave to amend: (1) Prevention of Performance; and (2) Defamation (Slander and Libel). The motion is DENIED with respect to the following claims: (1) Breach of Contract, so far as it is premised on the Security Agreements; (2) Accounting; and (3) Estoppel. Plaintiff may file a First Amended Complaint ("FAC") consistent with this opinion no later than January 26, 2015. If Plaintiff fails to file a FAC by that date, the claims and theories that have been dismissed with leave to amend will be dismissed with prejudice. (see document for further details) (bm) (Entered: 12/22/2014)
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting 28 Motion to Dismiss Case: For the foregoing reasons, the Court GRANTS the motion to dismiss the claims against Balboa, Meritplan, and Newport and DISMISSES each of the claims. The Court dismisses all of the claims with leave to amend, except that the Court dismisses the claims for slander and libel alleged against Meritplan and Newport without leave to amend. Plaintiff may file a First Amended Complaint ("FAC") consistent with this opinion no later than January 26, 2015. If Plaintiff fails to file a FAC by that date, the claims that have been dismissed with leave to amend will be dismissed with prejudice. (see document for further details) (bm) (Entered: 12/22/2014)
MINUTES (IN CHAMBERS) ORDER GRANTING QBE Insurance Group Limited's Motion to Dismiss by Judge Philip S. Gutierrez granting 29 Motion to Dismiss Case: For the foregoing reasons, the Court GRANTS QBEIGL's motion to dismiss and DISMISSES Plaintiff's claims against it. Plaintiff may file a First Amended Complaint ("FAC") adding a different QBE entity as a defendant, if appropriate, no later than January 26, 2015. (see document for further details) (bm) (Entered: 12/19/2014)
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANT'S MOTION TO DISMISS THE COMPLAINT 20, DEFENDANTS BALBOA INSURANCE, INC., MERITPLAN INSURANCE CO., and NEWPORT INSURANCE CO.'S MOTION TO DISMISS THE COMPLAINT 28 and DEFENDANTS QBE INSURANCE GROUP LIMITED'S MOTION TO DISMISS THE COMPLAINT 29 set for hearing on 12/22/14 are taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 12/18/2014)
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez re: MOTION to Set Aside Default Re: Clerks Entry of Default 58 . The hearing time is corrected from 10am to 1:30pm. The hearing date shall remain as previously set. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 12/08/2014)
REPLY in Support MOTION to Dismiss Case 28 filed by Defendants Balboa Insurance, Inc., Meritplan Insurance Company, Newport Insurance Company. (Linden, Dustin) (Entered: 12/05/2014)
NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37), 57 . filed by defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)). Motion set for hearing on 2/9/2014 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Sally W. Mimms, # 2 Proposed Order granting motion)(Mimms, Sally) (Entered: 12/04/2014)
SET ASIDE AND VACATED - DEFAULT BY CLERK ENTERED as to *Defendants Select Portfolio Servicing, Inc. (a Utah Corporation for loan servicing) formerly known as Fairbanks Capital Corp, a Utah corporation; Select Portfolio Servicing, Inc. (a Utah Corporation/Collection Agency)* (bm) Modified on 1/28/2015 (lom). (set aside and vacated, see Order, doc no. 76 .) (Entered: 12/03/2014)
REPLY Support MOTION to Dismiss Case ; Memorandum of Points and Authorities 20 filed by Defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., The Bank of New York, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 12/01/2014)
REQUEST for Clerk to Enter Default against defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)), Select Portfolio Servicing, Inc.((a Utah Corporation/Collection Agnecy)) filed by plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 11/27/2014)
ORDER re STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Judge Philip S. Gutierrez, re Stipulation to Extend Time to Answer 53 : DENIED BY ORDER OF THE COURT. (bm) (Entered: 11/26/2014)
STIPULATION for Extension of Time to File Answer to January 26, 2015 filed by Defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)). (Attachments: # 1 Proposed Order Granting Stipulation To Extend Time To Respond To Initial Complaint)(Mimms, Sally) (Entered: 11/21/2014)
OPPOSITION - Response to Order to Show Cause re Lack of Prosecution filed by Plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 11/21/2014)
ORDER GRANTING JOINT STIPULATION TO EXTEND PLAINTIFF'S OPPOSITION DEADLINE AND DEFENDANT QBE INSURANCE GROUP LIMITED'S REPLY DEADLINE by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File Response/Reply 49 : Upon consideration of the Joint Stipulation to Extend Plaintiff's Opposition Deadline and QBE Insurance Group Limited's Reply Deadline, and good cause appearing, IT IS HEREBY ORDERED as follows: 1. The deadline for Plaintiff Gary Craig Haddock to have filed his Opposition to Defendant QBE Insurance Group Limiteds Motion to Dismiss the Complaint, November 18, 2014, ECF No. 47, is retroactively extended from November 14, 2014 to November 18, 2014. 2. The deadline for QBE Insurance Group Limited to reply in support of its Motion to Dismiss the Complaint, September 22, 2014, ECF No. 29, is extended from December 1, 2014 to December 5, 2014. (bm) (Entered: 11/21/2014)
ORDER GRANTING JOINT STIPULATION TO EXTEND PLAINTIFF'S OPPOSITION DEADLINE AND BALBOA INSURANCE COMPANY, MERITPLAN INSURANCE COMPANY, AND NEWPORT INSURANCE COMPANY'S REPLY DEADLINE by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File Response/Reply, 48 : Upon consideration of the Joint Stipulation to Extend Plaintiff's Opposition Deadline and Balboa Insurance Company, Meritplan Insurance Company, and Newport Insurance Company's Reply Deadline, and good cause appearing, IT IS HEREBY ORDERED as follows: 1. The deadline for Plaintiff Gary Craig Haddock to have filed his Opposition to Defendants Balboa Insurance Company, Meritplan Insurance Company, and Newport Insurance Company's Motion to Dismiss the Complaint, November 17, 2014, ECF No. 46, is retroactively extended from November 14, 2014 to November 17, 2014. 2. The deadline for Balboa Insurance Company, Meritplan Insurance Company, and Newport Insurance Company to reply in support of their Motion to Dismiss the Complaint, September 22, 2014, ECF No. 28, is extended from December 1, 2014 to December 5, 2014. (bm) (Entered: 11/21/2014)
Joint STIPULATION for Extension of Time to File Opposition to Motion to Dismiss and Reply in Support of Motion to Dismiss as to Objection/Opposition (Motion related), 47, MOTION to Dismiss Case 29 filed by Defendant QBE Insurance Group. (Attachments: # 1 Proposed Order)(Linden, Dustin) (Entered: 11/19/2014)
Joint STIPULATION for Extension of Time to File Opposition to Motion to Dismiss and Reply in Support of Motion to Dismiss as to MOTION to Dismiss Case 28, Objection/Opposition (Motion related), 46 filed by Defendants Balboa Insurance, Inc., Meritplan Insurance Company, Newport Insurance Company. (Attachments: # 1 Proposed Order)(Linden, Dustin) (Entered: 11/19/2014)
Opposition to Defendant QBE Insurance Group Limited's Motion to Dismiss the Complaint Opposition re: MOTION to Dismiss Case 29 filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Declaration of Christopher P. Blaxland)(Blaxland, Christopher) (Entered: 11/18/2014)
Opposition to Defendants Balboa Insurance Company, Meritplan Insurance Company, and Newport Insurance Company's Motion to Dismiss the Complaint Opposition re: MOTION to Dismiss Case 28 filed by Plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 11/17/2014)
Opposition to Defendants' [Countrywide Bank, N.A. and Associated Movants] Motion to Dismiss Opposition re: MOTION to Dismiss Case ; Memorandum of Points and Authorities 20 filed by Plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 11/14/2014)
MINUTE ORDER IN CHAMBERS DENYING Motion to Remand by Judge Philip S. Gutierrez: re MOTION to Remand Case to Los Angeles County Superior Court 19 : Before the Court is Plaintiff Gary Craig Haddock's ("Haddock") motion to remand the state claims in this case to state court. See Dkt. 19. The Court finds this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. After considering the moving and opposing papers, the Court DENIES the motion. (bm) (Entered: 11/14/2014)
TEXT ENTRY (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez the motion to remand action to State Court 19 set for hearing on November 17, 2014 at 1:30 p.m. is taken UNDER SUBMISSION and OFF CALENDAR. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY (Entered: 11/14/2014)
MINUTE ORDER IN CHAMBERS re ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED that Plaintiff show cause in writing on or before November 21, 2014 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following as an appropriate response to this Order to Show Cause. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7.15, oral argument will not be heard in this matter unless so ordered by the Court. (see document for further details) (bm) (Entered: 11/10/2014)
REPLY to Defendant's Opposition to Plaintiff's MOTION to Remand Case to Los Angeles County Superior Court 19 filed by Plaintiff Gary Craig Haddock. (Blaxland, Christopher) (Entered: 11/03/2014)
ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS (L.R. 7-1) by Judge Philip S. Gutierrez, re Stipulation 39 :NOTE CHANGES MADE BY THE COURT. Upon consideration of the Stipulation to Extend Time to Respond to Motions to Dismiss (L.R. 7-1) (Stipulation), and good cause appearing, IT IS HEREBY ORDERED that the Stipulation is GRANTED as follows: 1. The hearing date for Defendants (as that term is defined in the Stipulation) respective Motions to Dismiss is continued from November 17, 2014 to December 22, 2014; 2. Plaintiff shall file his oppositions to the Banking Defendant's (as that term is defined in the Stipulation) Notice of Motion and Motion to Dismiss the Complaint on or before November 14, 2014; 3. Plaintiff shall file his oppositions to Balboa Insurance Company, Meritplan Insurance Company, and Newport Insurance Company's Notice of Motion and Motion to Dismiss the Complaint on or before November 14, 2014; 4. Plaintiff shall file his oppositions to QBE Insurance Group Limited's Notice of Motion and Motion to Dismiss the Complaint on or before November 14, 2014; 5. Defendants shall file their respective replies to Plaintiff's oppositions on or before December 1, 2014. IT IS SO ORDERED. (bm) (Entered: 11/03/2014)
STIPULATION to Continue Motions to Dismiss from 11/17/14 to 12/15/14, STIPULATION for Extension of Time to File Response filed by Plaintiff Gary Craig Haddock. (Attachments: # 1 Proposed Order)(Blaxland, Christopher) (Entered: 10/29/2014)
BALBOA INSURANCE COMPANY, MERITPLAN INSURANCE COMPANY, AND NEWPORT INSURANCE COMPANY'S JOINDER IN DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION T REMAND re MOTION to Remand Case to Los Angeles County Superior Court 19 filed by Defendants Balboa Insurance, Inc., Meritplan Insurance Company, Newport Insurance Company. (Levin, Fredrick) (Entered: 10/27/2014)
JOINDER IN DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND re MOTION to Remand Case to Los Angeles County Superior Court 19 filed by Defendant Select Portfolio Servicing, Inc.. (Attorney Conrad V Sison added to party Select Portfolio Servicing, Inc.(pty:dft))(Sison, Conrad) (Entered: 10/27/2014)
MEMORANDUM in Opposition to MOTION to Remand Case to Los Angeles County Superior Court 19 filed by Defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., The Bank of New York, The Bank of New York Mellon. (Summerfield, Adam) (Entered: 10/27/2014)
Notice of Appearance or Withdrawal of Counsel: for attorney Teresa Straley counsel for Plaintiff Gary Craig Haddock. Teresa Straley is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Gary Haddock. (Straley, Teresa) (Entered: 10/23/2014)
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Deft Equifax's Answer 31, for the following reasons: Other: Request for Default filed on 09/29/14 at 2:29 pm PDT; Answer filed on the same day at 2:58pm PDFT; entered on 09/30/14. (bm) (Entered: 10/06/2014)
DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 10/6/14, DOCUMENT 34 . ANSWERJURY DEMAND. filed by Defendant Equifax.(Attorney Thomas P Quinn, Jr added to party Equifax(pty:dft))(Quinn, Thomas) Modified on 10/6/2014 (bm). (Entered: 09/29/2014)
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant QBE Insurance Group. Motion set for hearing on 11/17/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Peter Horton, # 2 Declaration of Dustin Linden, # 3 Proposed Order)(Levin, Fredrick) (Entered: 09/22/2014)
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Balboa Insurance, Inc., Meritplan Insurance Company, Newport Insurance Company. Motion set for hearing on 11/17/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of John Meadows, # 2 Proposed Order)(Levin, Fredrick) (Entered: 09/22/2014)
NOTICE of Interested Parties filed by Defendant QBE Insurance Group, identifying Aberdeen Asset Management plc and Commonwealth Bank of Australia Limited. (Attorney Fredrick S Levin added to party QBE Insurance Group(pty:dft))(Levin, Fredrick) (Entered: 09/22/2014)
NOTICE of Interested Parties filed by Defendant Newport Insurance Company, identifying Balboa Insurance Company, BA Insurance Group, Inc., NB Holdings Corporation, Bank of America Corporation. (Attorney Fredrick S Levin added to party Newport Insurance Company(pty:dft))(Levin, Fredrick) (Entered: 09/22/2014)
NOTICE of Interested Parties filed by Defendant Meritplan Insurance Company, identifying BA Insurance Group, Inc., NB Holdings Corporation, Bank of America Corporation. (Attorney Fredrick S Levin added to party Meritplan Insurance Company(pty:dft))(Levin, Fredrick) (Entered: 09/22/2014)
NOTICE of Interested Parties filed by Defendant Balboa Insurance, Inc., identifying BA Insurance Group, Inc., NB Holdings Corporation, Bank of America Corporation. (Attorney Fredrick S Levin added to party Balboa Insurance, Inc.(pty:dft))(Levin, Fredrick) (Entered: 09/22/2014)
NOTICE of Interested Parties filed by Plaintiff Gary Craig Haddock, identifying Plaintiff Garry Craig Haddock and All Defendants Remaining in the Case. (Blaxland, Christopher) (Entered: 09/16/2014)
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case ; Memorandum of Points and Authorities 20 filed by Defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., The Bank of New York, The Bank of New York Mellon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Summerfield, Adam) (Entered: 09/16/2014)
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities filed by Defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., Recontrust Company N.A., The Bank of New York, The Bank of New York Mellon. Motion set for hearing on 11/17/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Defendants' Motion To Dismiss Plaintiff's Complaint)(Summerfield, Adam) (Entered: 09/16/2014)
ORDER by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: 1. SPS may have until up until and including November 26, 2014, to answer, move to dismiss, or otherwise respond to Plaintiffs complaint; and 2. Nothing contained herein shall be construed as (1) an agreement by Plaintiff that this Court has jurisdiction over the complaint, (2) a waiver by Plaintiff of his right to file a timely motion to remand the complaint, (3) or a concession by SPS that the prospective motion to remand has merit or should be granted. (ab) (Entered: 09/16/2014)
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court filed by Plaintiff Gary Craig Haddock. Motion set for hearing on 11/17/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Blaxland, Christopher) (Entered: 09/15/2014)
NOTICE of Appearance filed by attorney Christopher P Blaxland on behalf of Plaintiff Gary Craig Haddock (Attorney Christopher P Blaxland added to party Gary Craig Haddock(pty:pla))(Blaxland, Christopher) (Entered: 09/15/2014)
STIPULATION for Extension of Time to File Answer to November 26, 2014 filed by Defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)). (Attachments: # 1 Proposed Order)(Mimms, Sally) (Entered: 09/11/2014)
STIPULATION Extending Time to Answer the complaint as to filed by Defendant Experian.(Attorney Katherine A Klimkowski added to party Experian(pty:dft))(Klimkowski, Katherine) (Entered: 08/29/2014)
STIPULATION for Extension of Time to File Response to Initial Complaint By Not More Than 30 Days filed by Defendants Balboa Insurance, Inc., Meritplan Insurance Company, Newport Insurance Company, QBE Insurance Group.(Attorney Dustin A Linden added to party Balboa Insurance, Inc.(pty:dft), Attorney Dustin A Linden added to party Meritplan Insurance Company(pty:dft), Attorney Dustin A Linden added to party Newport Insurance Company(pty:dft), Attorney Dustin A Linden added to party QBE Insurance Group(pty:dft))(Linden, Dustin) (Entered: 08/22/2014)
STIPULATION Extending Time to Answer the complaint as to Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)) answer now due 9/22/2014; Select Portfolio Servicing, Inc.((a Utah Corporation/Collection Agnecy)) answer now due 9/22/2014, filed by defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)); Select Portfolio Servicing, Inc.((a Utah Corporation/Collection Agnecy)).(Attorney Sally W Mimms added to party Select Portfolio Servicing, Inc.(pty:dft), Attorney Sally W Mimms added to party Select Portfolio Servicing, Inc.(pty:dft))(Mimms, Sally) (Entered: 08/21/2014)
STIPULATION for Extension of Time to File Response to Complaint filed by Defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., The Bank of New York, The Bank of New York Mellon.(Attorney Adam F Summerfield added to party Bank of America Corporation(pty:dft), Attorney Adam F Summerfield added to party Bank of America Home Loans, L.P.(pty:dft), Attorney Adam F Summerfield added to party CWalt Inc.(pty:dft), Attorney Adam F Summerfield added to party Countrwide Financial Corporation(pty:dft), Attorney Adam F Summerfield added to party Countrywide Financial (pty:dft), Attorney Adam F Summerfield added to party Countrywide Home Loans(pty:dft), Attorney Adam F Summerfield added to party The Bank of New York(pty:dft))(Summerfield, Adam) (Entered: 08/21/2014)
PROOF OF SERVICE filed by Defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Corporation, Bank of America Home Loans, L.P., Bank of America Reinsurance Corporation, Bank of America, N.A., CWalt Inc., Countrwide Financial Corporation, Countrywide Bank, N.A., Countrywide Financial, Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., The Bank of New York, The Bank of New York Mellon, re Notice of Related Case(s), 3, Notice to Parties of Court-Directed ADR Program (ADR-8) 5, Corporate Disclosure Statement,,, 2, Order,,, 6, Notice of Removal,,, 1, Notice of Assignment to United States Judges(CV-18) 4 ; Notice of Stay of Proceeding (State Court) previously served; Notice of Filing of Removal (State Court) also previously served served on August 20, 2014. (Summerfield, Adam) (Entered: 08/20/2014)
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. This action has been assigned to the calendar of Judge Philip S. Gutierrez. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action, but upon the Court as well. "To secure the just, speedy, and inexpensive determination of every action," Fed. R. Civ. P. 1, all counsel are hereby ordered to familiarize themselves with the Fed. R. Civ. P., particularly Fed. R. Civ. P. 16, 26, the Local Rules of the Central District of California, this Court's Order for Jury Trial, and this Court's Order for Court Trial. (see document for further details) (bm) (Entered: 08/19/2014)
NOTICE OF RELATED CASES filed by defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Reinsurance Corporation, Bank of America, N.A., Countrywide Bank, N.A., Countrywide Home Loans, Inc., NB Holdings, Inc., The Bank of New York Mellon. Related Case(s): NONE. (esa) (mg). (Entered: 08/19/2014)
CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by defendants BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Corp., Bank of America Reinsurance Corporation, Bank of America, N.A., Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A., The Bank of New York Mellon identifying Corporate Parent Bank of America Corp. for BAC Field Services Corporation, BAC Tax Services Corporation, Bank of America Reinsurance Corporation, Bank of America, N.A., Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Home Loans, Inc., NB Holdings, Inc., Recontrust Company N.A.; Corporate Parent The Bank of New York Mellon Corp. for The Bank of New York Mellon. (esa) (mg). (Entered: 08/19/2014)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Experian on 7/17/14. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant BAC Tax Services Corporation served on 7/17/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Balboa Insurance, Inc. served on 7/17/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant BAC Field Services Corporation served on 7/17/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Bank of America N.A. served on 7/17/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Bank of America Corp. served on 7/17/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Select Portfolio Servicing, Inc.((a Utah Corporation for loan servicing)) served on 7/17/2014. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service, Inc., Agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant The Bank of New York on 7/22/14. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Transunion on 7/17/14. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service, Inc., Agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Innovis on 7/17/14. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service, Inc., Agent for service of process in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Newport Insurance Company served on 7/21/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Countrywide Bank, N.A. served on 7/21/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE Executed by Plaintiff Gary Craig Haddock, upon Defendant QBE Insurance Group served on 7/21/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant CWalt Inc. served on 7/21/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock upon Defendant Countrywide Financial served on 7/21/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Equifax on 7/17/14. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Countrywide Home Loans served on 7/21/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Gary Craig Haddock, upon Defendant Countrywide Financial Corporation on 7/21/14. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, in compliance with California Code of Civil Procedure by service on a domestic corporation. Original Summons NOT returned. (esa)
NOTICE OF REMOVAL from the Superior Court of California, Los Angeles County, case number SC122826 with conformed copies of summons and complaint.Case assigned to Judge Philip S. Gutierrez, discovery to Magistrate Judge Frederick F. Mumm; Filing fee $400 paid;, filed by defendants Bank of America, N.A., NB Holdings, Inc., BAC Tax Services Corporation, Countrywide Home Loans, Inc., Countrywide Bank, N.A., Recontrust Company N.A., BAC Field Services Corporation, The Bank of New York Mellon, Bank of America Corp., Countrywide Financial Corporation. (Attorney Adam F Summerfield added to party Bank of America Corp.(pty:dft), Attorney Carlo Luis Rodes added to party Bank of America Corp.(pty:dft)) (esa) (Additional attachment(s) added on 8/19/2014: # 1 Part 2, # 2 Part 3) (mg). (Entered: 08/19/2014)
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