Notice of Appearance or Withdrawal of Counsel: for attorney Alison M Norris counsel for Defendants Bank of America, Wells Fargo Bank NA. Alison M. Norris 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 Bank of America. (Norris, Alison) (Entered: 09/11/2013)
ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE by Judge Philip S. Gutierrez, re Stipulation 33 : Pursuant to Federal Rule of Civil Procedure 41(a), and upon consideration of the Stipulation of Dismissal Without Prejudice, Plaintiff Rodolfo Guerrero's above-captioned action against Defendants Bank of America, as successor by merger to BAC Home Loan Servicing, LP and Wells Fargo Bank, N.A., individually and as trustee for Harborview Mortgage Trust 2006-12 Trust Fund (collectively "Defendants"), is hereby dismissed without prejudice and without costs or attorneys' fees as to any party. (Made JS-6. Case Terminated.) (bm) (Entered: 10/19/2012)
STIPULATION for Order GRANTING DISMISSAL WITHOUT PREJUDICE filed by Defendants Bank of America, Wells Fargo Bank NA. (Attachments: # 1 [PROPOSED] ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE)(Norris, Alison) (Entered: 10/18/2012)
NOTICE OF MOTION AND MOTION to Dismiss filed by plaintiff Rodolfo Guerrero. Motion set for hearing on 12/3/2012 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed order. (lw) (Entered: 10/11/2012)
ORDER by Judge Philip S. Gutierrez: Request to Substitute Rudolfo Guerrero in Pro Se in place of Attorney Jason Robert Miller 29 GRANTED. (ir) (Entered: 08/08/2012)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal of Counsel 29 . The following error(s) was found: Incorrect document is attached to the docket entry. Other error(s) with document(s) are specified below. Other error(s) with document(s): docket entry text does not match caption of attached document. Attachment #1 is not a proposed order, but a Request for Substitution. Attachment #2 is not a Memorandum, put 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: 08/06/2012)
REQUEST to Substitute attorney Rudolfo Guerrero Pro Se in place of attorney Jason Miller filed by Plaintiff Rodolfo Guerrero. (Attachments: # 1 Proposed Order, # 2 Memorandum)(Miller, Jason) (Entered: 08/03/2012)
ORDER SETTINGS SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: This matter is set for a scheduling conference on October 29, 2012 at 2:00 p.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. In their F.R.Civ. P. 26(f) Report, the parties shall indicate whether they have agreed to participate in the Courts ADR Program, to private mediation or, upon a showing of good cause, to a Magistrate Judge for a settlement conference. Failure to comply may lead to the imposition of sanctions. (ir) (Entered: 07/20/2012)
ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants Bank of America, Wells Fargo Bank NA.(Goldstein, Seth) (Entered: 07/18/2012)
ORDER granting Stipulation Extending Time to Answer 25 , by Judge Philip S. Gutierrez, IT IS HEREBY ORDERED THAT: The deadline for Defendants Bank of America, N.A. and Wells Fargo Bank, N.A. to answer or otherwise respond to the Complaint is extended up to and including July 19, 2012. (lw) (Entered: 06/20/2012)
STIPULATION Extending Time to Answer the complaint as to Wells Fargo Bank NA answer now due 7/19/2012; Bank of America answer now due 7/19/2012, filed by defendants Wells Fargo Bank NA; Bank of America. (Attachments: # 1 Proposed Order)(Goldstein, Seth) (Entered: 06/18/2012)
MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting in part and denying in part 15 Motion to Dismiss Case: For the foregoing reasons, the Court GRANTS the motion to dismiss the declaratory relief and FDCPA claims WITH PREJUDICE, GRANTS the motion to dismiss the UCL claim WITHOUT PREJUDICE, and DENIES the motion to dismiss Plaintiff's TILA claim. Plaintiff may file an amended complaint not later than June 5, 2012. (see document for further details) (bm) (Entered: 05/15/2012)
OBJECTIONS to Objection/Opposition (Motion related), Objection/Opposition (Motion related) 20 (Objections to Plaintiff's Request for Judicial Notice in Support of Opposition to Defendants' Motion to Dismiss) filed by Defendants Bank of America, Wells Fargo Bank NA. (Ellis, Steven) (Entered: 02/27/2012)
REPLY In Support MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 15 filed by Defendants Bank of America, Wells Fargo Bank NA. (Ellis, Steven) (Entered: 02/27/2012)
Request For Judicial Notice In Support Of Opposition To Defendants' Motion To Dismiss In Opposition To re: MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 15 filed by Defendants Bank of America, Wells Fargo Bank NA. (Miller, Jason) (Entered: 02/21/2012)
Plaintiff's Opposition to Defendants' Notice of Motion And Motion To Dismiss re: MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 15 filed by Defendants Bank of America, Wells Fargo Bank NA. (Miller, Jason) (Entered: 02/21/2012)
NOTICE of Change of Attorney Information for attorney Alison M Norris counsel for Defendants Bank of America, Wells Fargo Bank NA. Changing Address to 4365 Executive Drive, 3rd Floor, San Diego, CA 92121. Changing Fax Number to 858-457-1255. Filed by Defendants Bank of America and Wells Fargo Bank, N.A. (Norris, Alison) (Entered: 02/13/2012)
AMENDED PROOF OF SERVICE filed by defendants Bank of America, Wells Fargo Bank NA, re Request for Judicial Notice, Request for Relief 16 , MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 15 served on 01/04/2012. (Norris, Alison) (Entered: 01/04/2012)
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 15 with Exhibits 1-3 filed by Defendants Bank of America, Wells Fargo Bank NA. (Ellis, Steven) (Entered: 12/16/2011)
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendants Bank of America, Wells Fargo Bank NA. Motion set for hearing on 3/12/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Motion to Dismiss by Defendants Bank of America, N.A. and Wells Fargo Bank, N.A.)(Ellis, Steven) (Entered: 12/16/2011)
ORDER by Judge Philip S. Gutierrez, granting Stipulation Extending Time to Answer 9 , IT IS HEREBY ORDERED THAT: The deadline for Defendant Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, to answer or otherwise respond to the Complaint is extended up to and including December 16, 2011. (lw) (Entered: 11/23/2011)
NOTICE of Appearance filed by attorney Steven A Ellis on behalf of Defendants Bank of America, Wells Fargo Bank NA (Ellis, Steven) (Entered: 11/23/2011)
ORDER pursuant to the parties' 11/17/11 Stipulation 9 , The deadline for Defendant Wells Fargo Bank, N.A., individually and as trustee for Harborview Mortgage Trust 2006-12 Trust Fund to answer or otherwise respond to the Complaint is extended up to and including December 16, 2011 by Judge Philip S. Gutierrez (ir) (Entered: 11/22/2011)
STIPULATION Extending Time to Answer the complaint as to Bank of America answer now due 12/16/2011, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant Bank of America. (Attachments: # 1 Declaration of Alison M. Norris, # 2 Proposed Order)(Norris, Alison) (Entered: 11/21/2011)
DECLARATION of Alison M. Norris re Stipulation Extending Time to Answer (30 days or less), Stipulation Extending Time to Answer (30 days or less) 5 filed by Defendant Wells Fargo Bank NA. (Norris, Alison) (Entered: 11/18/2011)
CORPORATE DISCLOSURE STATEMENT of Defendant Wells Fargo Bank, N.A., Individually and as Trustee for Harborview Mortgage Trust 2006-12 Trust Fund filed by Defendant Wells Fargo Bank NA (Norris, Alison) (Entered: 11/18/2011)
STIPULATION Extending Time to Answer the complaint as to Wells Fargo Bank NA answer now due 12/16/2011, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant Wells Fargo Bank NA. (Attachments: # 1 Proposed Order)(Norris, Alison) (Entered: 11/18/2011)
COMPLAINT against Defendants Bank of America, Does 1-10, inclusive, Wells Fargo Bank NA. Case assigned to Judge Philip S. Gutierrez for all further proceedings. Discovery referred to Magistrate Judge Fernando M. Olguin. (Filing fee $ 350 Paid.) Jury Demanded., filed by Plaintiff Rodolfo Guerrero. (et) (Additional attachment(s) added on 11/10/2011: # 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered: 10/27/2011)