Erhart v. Bofi Holding Inc.

Plaintiff:	Charles Matthew Erhart
Defendant:	Bofi Holding Inc. an entity doing business as BofI Federal Bank doing business as Bank of the Internet
Case Number:	3:2015cv02287
Filed:	October 13, 2015
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Cynthia Bashant
Referring Judge:	Nita L Stormes
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	18 U.S.C. § 1514 A Civil Action to Protect Against Retaliation in Fraud Cases
Jury Demanded By:	Plaintiff

Date Filed	Document Text
August 29, 2022	Filing 375 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 4 held on 8/26/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/19/2022. Redacted Transcript Deadline set for 9/29/2022. Release of Transcript Restriction set for 11/28/2022. (smy1)
August 26, 2022	Filing 374 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 3 held on 8/25/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/16/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/25/2022. (smy1)
August 26, 2022	Filing 373 Joint Exhibit List for Jury Trial Phase Two(sxm)
August 26, 2022	Filing 372 Jury Instructions for Jury Trial Phase Two (sxm)
August 26, 2022	Filing 371 Witness List for Jury Trial Phase Two(sxm)
August 26, 2022	Filing 370 JURY VERDICT: No malice oppression, or fraud when BofI wrongfully discharged Mr. Erhart and No malice, oppression, or fraud when BofI defamed Mr. Erhart(sxm)
August 26, 2022	Filing 369 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial completed on 8/26/2022. Day of Trial Four (4). 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury retired to deliberate at 12:57 PM. Jury returned at 4:27 PM. Verdict: No malice, oppression, or fraud when BofI wrongfully discharged Mr. Erhart and no malice, oppression, or fraud when BofI defamed Mr. Erhart. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)
August 25, 2022	Filing 368 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/22/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Frank Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)
August 25, 2022	Filing 367 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/23/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)
August 25, 2022	Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/24/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)
August 25, 2022	Filing 365 SUPPLEMENTAL BRIEFING by Defendant Bofi Holding Inc. Requesting Instruction Concerning Erhart's Termination. (Katz, Martin) (jmo).
August 25, 2022	Filing 364 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 8/25/2022. Day of Trial Three (3). 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Four (4), continued to 8/26/2022 08:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)
August 24, 2022	Filing 363 SUPPLEMENTAL DOCUMENT by Charles Matthew Erhart Erhart's Proposed Verdict Form. (Gillam, Carol) (jmo).
August 24, 2022	Filing 362 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 8/24/2022. Day of Trial Two (2). 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Three (3), continued to 8/25/2022 08:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)
August 23, 2022	Filing 361 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. Submission of Proposed Verdict Form. (Attachments: #1 Supplement Proposed Verdict Form)(Katz, Martin) (jmo).
August 23, 2022	Filing 360 TRANSCRIPT ORDER - For hearing(s) on 8.22.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).
August 23, 2022	Filing 359 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 8/23/2022. Day of Trial One. Jury impaneled. Swore witnesses. Exhibits marked/received. Jury Trial, Day Two (2), continued to 8/24/2022 08:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)
August 22, 2022	Filing 358 Minute Order for proceedings held before Judge Cynthia Bashant: Status Hearing held on 8/22/2022. Granting in part and denying in part #342 Motion In Limine Number 1, denying #343 Motion In Limine Number 2, denying #344 Motion In Limine Number 3, denying #345 Motion In Limine Number 4, denying #350 Ex Parte MOTION Modify Pretrial Order re #209 Pretrial Order filed by Bofi Holding Inc. (Court Reporter/ECR Frank Rangus). (Plaintiff Attorney Carol Gillam and Sara Huem).(Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
August 18, 2022	Filing 357 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart re #347 Trial Brief re Jury Instructions, Verdict Forms, and Bifurcation. (Gillam, Carol) (jmo).
August 17, 2022	Filing 356 RESPONSE in Opposition re #343 In Limine MOTION Number 2 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).
August 17, 2022	Filing 355 RESPONSE in Opposition re #345 In Limine MOTION Number 4 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).
August 17, 2022	Filing 354 RESPONSE in Opposition re #344 In Limine MOTION Number 3 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).
August 17, 2022	Filing 353 SUPPLEMENTAL BRIEFING by Defendant Bofi Holding Inc. . (Katz, Martin) (jmo).
August 17, 2022	Filing 352 RESPONSE in Opposition re #342 In Limine MOTION Number 1 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).
August 17, 2022	Filing 351 RESPONSE in Opposition re #350 Ex Parte MOTION Modify Pretrial Order re #209 Pretrial Order,, filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).
August 15, 2022	Filing 350 Ex Parte MOTION Modify Pretrial Order re #209 Pretrial Order,, by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Ex Parte Application to Modify Pretrial Order, #2 Declaration of Heather Plocky In Support of Ex Parte Application)(Plocky, Heather) (jmo).
August 15, 2022	Filing 349 NOTICE OF HEARING: Status Hearing regarding Motions in Limine and Jury Trial issues set for 8/22/2022 03:00 PM in Courtroom 4B before Judge Cynthia Bashant. (no document attached) (sxm)
August 12, 2022	Filing 348 SUPPLEMENTAL DOCUMENT by Charles Matthew Erhart Plaintiff Erhart's Proposed Verdict Forms. (Heum, Sara)(jmo).
August 12, 2022	Filing 347 TRIAL BRIEF re Verdict Forms and Bifurcation by Bofi Holding Inc.. (Katz, Martin) (jmo).
August 12, 2022	Filing 346 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. BofI's Proposed Verdict Forms. (Katz, Martin) (jmo).
August 12, 2022	Filing 345 In Limine MOTION Number 4 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).
August 12, 2022	Filing 344 In Limine MOTION Number 3 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).
August 12, 2022	Filing 343 In Limine MOTION Number 2 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).
August 12, 2022	Filing 342 In Limine MOTION Number 1 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).
August 12, 2022	Filing 341 NOTICE OF WITHDRAWAL OF DOCUMENT by Charles Matthew Erhart re #339 Agreement for Jury Verdict filed by Charles Matthew Erhart . (Heum, Sara) (jmo).
August 12, 2022	Filing 340 Witness List by Bofi Holding Inc.. (Towill, Polly) (jmo).
August 12, 2022	Filing 339 DOCUMENT WITHDRAWN BY FILER PER ECF #341 AGREEMENT FOR VERDICT by Jury of Less than Six Members by Charles Matthew Erhart.. (Heum, Sara) Modified on 8/15/2022 (jmo).
August 12, 2022	Filing 338 Exhibit List by Charles Matthew Erhart.. (Gillam, Carol) (jmo).
August 12, 2022	Filing 337 Exhibit List by Bofi Holding Inc... (Attachments: #1 Exhibit A Exhibit List)(Towill, Polly) (jmo).
August 12, 2022	Filing 336 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. Proposed Statement of the Case. (Katz, Martin) (jmo).
August 12, 2022	Filing 335 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Katz, Martin) (jmo).
August 12, 2022	Filing 334 Witness List by Charles Matthew Erhart. (Gillam, Carol) (jmo).
August 8, 2022	Filing 333 Order Determining Scope of Retrial. Signed by Judge Cynthia Bashant on 8/8/22.(jmo)
July 25, 2022	Filing 332 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Katz, Martin) (anh).
July 22, 2022	Filing 331 RESPONSE re #328 Pretrial Memorandum filed by Charles Matthew Erhart. (Attachments: #1 Exhibit Verdict Forms, #2 Exhibit Transcripts)(Gillam, Carol) (anh).
July 8, 2022	Filing 330 TRANSCRIPT ORDER - For hearing(s) on 7.8.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).
July 8, 2022	Filing 329 Minute Entry for proceedings held before Judge Cynthia Bashant: Pretrial Conference held on 7/8/2022. Any responses to #328 Pretrial Memorandum due by 7/22/2022. Joint statement of the case, witness and exhibit lists, and joint proposed jury instructions due by 8/12/2022 by 5:00 pm. Jury Trial confirmed for 8/23/2022 at 9:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Sara Heum). (Defendant Attorney Martin Katz / Heather Plocky / Plly Towill). (no document attached) (lrf)
July 5, 2022	Filing 328 PRETRIAL MEMORANDUM by Bofi Holding Inc.. (Katz, Martin) (jmo).
July 5, 2022	Filing 327 Minute Order: The case did not settle. Signed by Magistrate Judge Nita L. Stormes on 7/5/2022.(tww)
June 30, 2022	Filing 326 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Mandatory Settlement Conference held on 6/30/2022. Court made a settlement recommendation. Parties are to advise the Court by July 5, 2022 at 5pm on whether they accept the recommendation. (Plaintiff Attorneys Carol Gillam; Sara Heum). (Defendant Attorneys Polly Towill; Heather Plocky). (no document attached) (tww)
June 15, 2022	Filing 325 Order Terminating Motion to Seal (ECF No. #275 ). Signed by Judge Cynthia Bashant on 6/14/22. (jmo)
June 13, 2022	Filing 324 Order Mandatory Settlement Conference. Mandatory Settlement Conference set for 6/30/2022 at 10:00 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 6/13/22.(jmo)
May 23, 2022	Filing 323 Order Granting Joint Motion to Continue Phase Two Trial (ECF No. #322 ). Jury Trial set for 8/9/22 continued to 8/23/2022 at 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 5/23/22. (jmo)
May 20, 2022	Filing 322 Joint MOTION to Continue the Phase Two Trial by Bofi Holding Inc.. (Towill, Polly) (jmo).
May 19, 2022	Filing 321 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 15) held on 5/19/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/9/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/17/2022. (akr)
May 19, 2022	Filing 320 COURT EXHIBIT LIST for Jury Trial (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(sxm)
May 19, 2022	Filing 319 Final Jury Instructions (sxm)
May 19, 2022	Filing 318 Joint Exhibit List for Jury Trial (sxm)
May 19, 2022	Filing 317 Witness List for Jury Trial (sxm)
May 19, 2022	Filing 316 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial completed on 5/19/2022. Day of Trial Fifteen (15). 10 Trial Jurors Present. Exhibits marked/received. Jury retired to deliberate at 9:40 AM. Jury unable to reach a unanimous verdict as to punitive damages. Mistrial declared as to punitive damages. Pretrial Conference set for 7/8/2022 02:00 PM in Courtroom 4B before Judge Cynthia Bashant. Jury Trial, punitive damages only, set for 8/9/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. Ten (10) hours each side and four (4) days of trial. Parties must contact Judge Stormes within 48 hours to schedule a settlement conference.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 18, 2022	Filing 315 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 14) held on 5/18/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/8/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/16/2022. (akr)
May 18, 2022	Filing 314 JURY VERDICT: Count One: Yes BofI violated SOX; Count Two: Yes BofI violated Labor Code 1102.5; Count Three: Yes BofI wrongfully terminated Mr. Erhart in violation of public policy, yes as to emotion distress or harm to Mr. Erhart's reputation as a result of the unfavorable personnel action, damages $1,000,000; Count Four: Yes BofI made defamatory statements about Mr. Erhart, damages $500,000, BofI acted with malice, oppression or fraud. Counter Claims: Count One: No to breach of a contract Mr. Erhart had with the Bank; Count Two: No non-public confidential customer or employee information belonging to BofI converted; Count Three: No breach of duty of undivided loyalty owed to BofI; Count Four: no negligent handling of nonpublic confidential customer or employee information; Count Five: No violation of Penal Code 502; Count Six: no violation of computer fraud and abuse act; Damages for Counter-Claims 0.(sxm)
May 18, 2022	Filing 313 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/18/2022. Day of Trial Fourteen (14). 10 Trial Jurors Present. Jury returned at 3:15 PM. Verdict: Count One: Yes BofI violated SOX; Count Two: Yes BofI violated Labor Code 1102.5; Count Three: Yes BofI wrongfully terminated him in violation of public policy, yes as to emotion distress or harm to his reputation as a result of the unfavorable personnel action, damages $1,000,000; Count Four: Yes BofI made defamatory statements about him, damages $500,000, BofI acted with malice, oppression or fraud. Counter Claims: Count One: No to breach of a contract Mr. Erhart had with the Bank; Count Two: No non-public confidential customer or employee information belonging to BofI converted; Count Three: No breach of duty of undivided loyalty owed to BofI; Count Four: no negligent handling of nonpublic confidential customer or employee information; Count Five: No violation of Penal Code 502; Count Six: no violation of computer fraud and abuse act; Damages for Counter-Claims 0. Jury polled. Jury Trial, Day Fifteen (15) (punitive damages phase) continued to 5/19/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 17, 2022	Filing 312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 13) held on 5/17/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/7/2022. Redacted Transcript Deadline set for 6/17/2022. Release of Transcript Restriction set for 8/15/2022. (akr)
May 17, 2022	Filing 311 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/17/2022. Day of Trial Thirteen (13). Juror #3 not present and dismissed. 10 Trial Jurors Present. Jury retired to deliberate at 2:10 PM. Jury Trial, Day Fourteen (14)(deliberations), continued to 5/18/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 16, 2022	Filing 310 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 12) held on 5/13/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/15/2022. (akr)
May 13, 2022	Filing 309 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/13/2022. Day of Trial Twelve (12). 11 Trial Jurors Present. Jury Trial, Day Thirteen (13), continued to 5/17/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 13, 2022	Filing 308 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 11) held on 5/12/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/3/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/11/2022. (akr)
May 12, 2022	Filing 307 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart . (Heum, Sara) (jmo).
May 12, 2022	Filing 306 PROPOSED FINAL JURY INSTRUCTIONS. Included with this Order are Proposed Final Jury Instructions. Signed by Judge Cynthia Bashant on 5/12/2022. (BAS)
May 12, 2022	Filing 305 PROPOSED JURY VERDICT FORM. The Court includes a Proposed Final Jury Verdict Form attached to this Order. Signed by Judge Cynthia Bashant on 5/12/22. (BAS)
May 12, 2022	Filing 304 Minute Entry for proceedings held before Judge Cynthia Bashant: Hearing Out of Jury Presence held on 5/12/2022. Day of Trial Eleven. 0 Trial Jurors Present. Jury instruction and Verdict form conference. Jury Trial, Day Twelve (12), continued to 5/13/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm) Modified on 5/19/2022 (sxm).
May 12, 2022	Filing 303 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 10) held on 5/11/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (akr)
May 11, 2022	Filing 302 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/11/2022. Day of Trial Ten. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Eleven (11) - Counsel only jury instruction conference, continued to 5/12/2022 10:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 11, 2022	Filing 301 Order Regarding Jury Fees. Signed by Judge Cynthia Bashant on 5/11/22.(jmo)
May 11, 2022	Filing 300 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 9) held on 5/10/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/1/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/9/2022. (akr)
May 10, 2022	Filing 299 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/10/2022. Day of Trial Nine. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Ten (10), set for 5/11/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 9, 2022	Filing 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 8) held on 5/6/2022 before Judge Cynthia Bashant. Court Reporters/Transcribers: Anne Roldan and Amanda LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporters/Transcribers before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporters/Transcribers. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporters/Transcribers 5/31/2022. Redacted Transcript Deadline set for 6/9/2022. Release of Transcript Restriction set for 8/8/2022. (akr)
May 6, 2022	Filing 297 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/6/2022. Day of Trial Eight. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Defense motion for a mistrial denied. Defense motion for Rule 50 denied in part and reserved in part. Jury Trial, Day Nine (9), continued to 5/10/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Anne Roldan, Amanda LeGore). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 6, 2022	Filing 296 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 7) held on 5/5/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/27/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/4/2022. (akr)
May 5, 2022	Filing 295 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/5/2022. Day of Trial Seven (7). 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Eight (8), continued to 5/6/2022 09:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 4, 2022	Filing 294 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 6) held on 5/4/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/25/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/2/2022. (akr)
May 4, 2022	Filing 293 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/4/2022. Day of Trial Six (6). 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Seven (7), continued to 5/5/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 3, 2022	Filing 292 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 5) held on 5/3/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022. (akr)
May 3, 2022	Filing 291 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/3/2022. Day of Trial Five (5). 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Defense request for a mistrial denied. Jury Trial, Day Six (6), continued to 5/4/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
May 2, 2022	Filing 290 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 4) held on 4/29/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (akr)
May 2, 2022	Filing 289 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 1) held on 4/26/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (akr)
April 29, 2022	Filing 288 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/29/2022. Day of Trial four. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Five (5), continued to 5/3/2022 09:00 AM (8:45 AM for counsel) in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)
April 28, 2022	Filing 287 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/28/2022. Day of Trial Three. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Four (4), continued to 4/29/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm) Modified on 5/3/2022 (sxm). Modified on 5/3/2022 (sxm).
April 28, 2022	Filing 286 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 3) held on 4/28/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (akr)
April 28, 2022	Filing 285 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 2) held on 4/27/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (akr)
April 27, 2022	Filing 284 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/27/2022. Day of Trial Two. 11 Trial Jurors Present. Exhibits marked/received. Jury Trial, Day Three (3), continued to 4/28/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm) Modified on 4/28/2022 (sxm).
April 26, 2022	Filing 283 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/26/2022. Day of Trial One. Jury impaneled. Swore witnesses. Exhibits marked/received. Jury Trial, Day Two, continued to 4/27/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gilliam and Sara Heum). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm) Modified on 4/28/2022 (sxm).
April 20, 2022	Filing 282 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 4/19/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/11/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/19/2022. (akr)
April 19, 2022	Filing 281 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 4/19/2022. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam (via Zoom) and Sara Heum). (Defendant Attorney Martin Katz and Polly Towill). (no document attached) (sxm)
April 18, 2022	Filing 280 RevisedPROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Towill, Polly) Modified on 4/19/2022 to correct text (jmo).
April 15, 2022	Filing 279 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Attachments: #1 Exhibit A Verdict Forms, #2 Exhibit B Jury Instructions)(Towill, Polly) (jmo).
April 15, 2022	Filing 278 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. for April 19, 2022 Status Conference. (Attachments: #1 Exhibit A, #2 Exhibit B)(Towill, Polly) (jmo).
April 15, 2022	Filing 277 SEALED LODGED Proposed Document re: #275 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gillam, Carol) (fth).
April 15, 2022	Filing 276 NOTICE of Lodgment by Charles Matthew Erhart of Documents Under Seal Re Supplemental Brief (Gillam, Carol) (jmo).
April 15, 2022	Filing 275 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (fth).
April 15, 2022	Filing 274 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart Re Jury Instructions and Verdict Form. (Attachments: #1 Declaration of Carol Gillam, #2 Exhibit)(Gillam, Carol) (jmo).
April 5, 2022	Filing 273 ORDER Approving Withdrawal Of Counsel [ECF No. #272 ]. Signed by Judge Cynthia Bashant on 4/5/2022. (ddf)
April 4, 2022	Filing 272 MOTION to Withdraw as Attorney Mika Hilaire by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Mika Hilaire in Support of Motion to Withdraw as Counsel)(Hilaire, Mika) (ddf).
March 31, 2022	Filing 271 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 3/25/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/21/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/29/2022. (akr)
March 29, 2022	Filing 270 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. of Previously Lodged Verdict Forms. (Attachments: #1 Exhibit 1: January 31, 2022 Verdict Form Submission)(Towill, Polly) (jmo).
March 28, 2022	Filing 269 TRANSCRIPT ORDER - For hearing(s) on 3.25.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).
March 25, 2022	Filing 268 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 3/25/2022. Status Conference set for 4/21/2022 at 9:30 is reset for 4/19/2022 02:00 PM in Courtroom 4B before Judge Cynthia Bashant. Revised verdict form, jury instructions and designations due by 5:00 PM 4/15/2022.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)
March 12, 2022	Filing 267 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Attachments: #1 Exhibit A Joint Jury Instructions)(Towill, Polly) (jmo).
March 9, 2022	Filing 266 Order Striking Documents. The parties are ORDERED to meet and confer and submit revised, joint instructions no later than 3/11/22. Signed by Judge Cynthia Bashant on 3/9/22.(jmo) (Additional attachment(s) added on 3/9/2022: #1 Stricken document 263, #2 Sticken document 265) (jmo).
March 9, 2022	Filing 265 Document is stricken from the record per court order dated 3/9/22 #266 (jmo). (Main Document 265 replaced on 3/9/2022) (jmo).
March 8, 2022	Filing 264 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart Re Whistleblower Affirmative Defense and CFAA. (Gillam, Carol) (jmo).
March 8, 2022	Filing 263 Document is stricken from the record per court order dated 3/9/22 #266 (Main Document 263 replaced on 3/9/2022) (jmo).
March 8, 2022	Filing 262 NOTICE of BofI Federal Bank's Revised Verdict Forms and Submission re Outstanding Legal Issues for March 25, 2022 Status Conference by Bofi Holding Inc. (Attachments: #1 Exhibit A to Verdict Forms Submission)(Plocky, Heather) (jmo).
February 28, 2022	Filing 261 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 2/22/2022 before Judge Cynthia A. Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/21/2022. Redacted Transcript Deadline set for 3/31/2022. Release of Transcript Restriction set for 5/31/2022. (akr)
February 23, 2022	Filing 260 TRANSCRIPT ORDER - For hearing(s) on 2.22.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).
February 22, 2022	Filing 259 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 2/22/2022. Revised jury instructions, verdict form and briefing to be provided by 3/8/2022. Status Conference previously set for 3/25 at 9:30 AM confirmed. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Mika Hilaire, Carol Gillam, Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)
February 16, 2022	Filing 258 ORDER CHANGING TIME OF STATUS CONFERENCE. In light of a change in the Courts criminal trial calendar, the Court changes the time of the Status Conference Re: Proposed Verdict Form to 2:00 p.m. on Tuesday, February 22, 2022. Signed by Judge Cynthia Bashant on 2/16/2022. (fth)
February 2, 2022	Filing 257 Order Setting Dates. Status Conference Re: Proposed Verdict Form set for 2/22/2022 at 04:00 PM before Judge Cynthia Bashant. Status Conference Re: Jury Instructions set for 3/25/2022 at 09:30 AM before Judge Cynthia Bashant. Status Conference Re: Objections to Deposition Designations set for 4/21/2022 at 09:30 AM before Judge Cynthia Bashant. At least one attorney per side with authority to argue on the client's behalf must appear in person at these status conferences. Signed by Judge Cynthia Bashant on 2/2/22.(jmo)
January 27, 2022	Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference, redacted) held on 1/18/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/17/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/27/2022. (akr)
January 27, 2022	Filing 255 ORDER granting #253 Motion to Redact Transcript. Signed by Judge Cynthia Bashant on 1/27/2022. (akr)
January 26, 2022	Filing 254 STATUS REPORT Regarding Scheduling Status Conferences by Bofi Holding Inc.. (Plocky, Heather) (jmo).
January 25, 2022	Filing 253 MOTION to Redact and NOTICE of Intent to Request Redaction by Heather Lynn Plocky re 252 Transcript. (Plocky, Heather). (Modified event type on 1/25/2022 and edited docket text.) (akr).
January 20, 2022	Filing 250 Order Conditionally Granting BOFI Holding, Inc.'s Unopposed Ex Parte Application to Seal and Continue (ECF No. #249 ). Provided the parties file this joint status report no later than 1/28/22, trial will be continued from 2/1/22 to 4/26/22 at 9:00 AM. Signed by Judge Cynthia Bashant on 1/20/22. (time re: trial per Chambers) (jmo)
January 20, 2022	Filing 249 BofI Federal Bank's Redacted Ex Parte Application to File Under Seal and Request for a Continuance. (With attachments - Redacted Declaration of Polly Towill in Support)(jmo). Added MOTION to Continue on 1/20/2022 (jmo).
January 18, 2022	Filing 248 TRANSCRIPT ORDER - For hearing(s) on 1.18.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).
January 18, 2022	Filing 247 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 1/18/2022. Jury Trial set for 2/1/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant confirmed. Time limit for trial will be 15 hours per side. The proposed verdict form is due by 8:30 a.m. on February 1, 2022.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)
January 17, 2022	Filing 246 ORDER GRANTING IN PART #222 In Limine MOTION to Exclude Evidence Regarding Counsel's Distribution of Complaint filed by Charles Matthew Erhart. Signed by Judge Cynthia Bashant on 1/14/2022. (BAS)
January 14, 2022	Filing 245 NOTICE of Appearance of Counsel by Mika Marie Hilaire on behalf of Charles Matthew Erhart (Hilaire, Mika)Attorney Mika Marie Hilaire added to party Charles Matthew Erhart(pty:pla) (jmo).
January 13, 2022	Filing 244 Order Granting in Part Motion in Limine No. 5 to Exclude Evidence of Any Damages That Require Computation (ECF No. #221 ). Signed by Judge Cynthia Bashant on 1/13/22. (jmo)
January 13, 2022	Filing 243 Order Denying Ex Parte Application to Continue Status Hearing & Trial Date (ECF No. #242 ). Signed by Judge Cynthia Bashant on 1/13/22. (jmo)
January 12, 2022	Filing 242 Ex Parte MOTION to Continue Status Conference and Trial Date by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Carol Gillam)(Gillam, Carol) (jmo).
January 12, 2022	Filing 241 Order Denying BOFI's Motion in Limine No. 4 to Exclude Evidence of Conduct and Statements that are not Actionable (ECF No. #220 ). Signed by Judge Cynthia Bashant on 1/12/22. (jmo)
January 11, 2022	Filing 240 Order Granting in Part BOFI's Motion in Limine No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing that the Court has Already Rejected (ECF No. #218 ). Signed by Judge Cynthia Bashant on 1/11/22. (jmo)
January 10, 2022	Filing 239 Order Granting in Part BOFI's Motion in Limine No. 2 to Exclude Inflammatory Evidence that is Untethered to Erhart's Claims (ECF Nos. #215 , #232 ). Signed by Judge Cynthia Bashant on 1/10/22. (jmo)
January 7, 2022	Filing 238 ORDER Granting In Part Bofis Motion In Limine No. 1 To Exclude Incomplete Documents And Related Testimony (ECF No. #213 ). Signed by Judge Cynthia Bashant on 1/7/2022. (ddf)
August 19, 2021	Filing 237 Order Denying Ex Parte Application to Remove Document from the Public Docket and File it Under Seal (ECF No. #236 ). Signed by Judge Cynthia Bashant on 8/18/21. (jmo)
August 16, 2021	Filing 236 Ex Parte MOTION for Order Removing One Public Filing and Permitting BofI Federal Bank to File Limited Information Under Seal by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities BofI Federal Bank's Memorandum of Points and Authorities in Support of Ex Parte Application for an Order Removing One Public Filing and Permitting BofI Federal Bank to File Limited Information Under Seal, #2 Declaration Declaration of Polly Towill in Support of BofI Federal Bank's Ex Parte Application for an Order Removing One Public Filing and Permitting BofI Federal Bank to File Limited Information Under Seal)(Towill, Polly) Modified on 8/17/2021 to correct event (jmo).
August 16, 2021	Filing 235 Order re: Ex Parte Application. The Court will not consider the application unless it is filed. Signed by Judge Cynthia Bashant on 8/16/21.(jmo)
August 10, 2021	Filing 234 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/20/2021 before Judge Cynthia Bashant. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. (akr)
August 9, 2021	Filing 233 DECLARATION re #225 Response in Opposition to Motion, in Limine Nos. 1-5 by Defendant Bofi Holding Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H)(Towill, Polly) (jmo).
August 9, 2021	Filing 232 In Limine MOTION to Exclude Inflammatory Evidence That is Untethered to Erhart's Claims by Bofi Holding Inc.. (Attachments: #1 Declaration of Martin D. Katz iso BofI's MIL No. 2 to Exclude Inflammatory Evidence that is Untethered to Erhart's Claims, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Towill, Polly) (jmo).
August 9, 2021	Filing 231 DECLARATION re #213 In Limine MOTION to Exclude Incomplete Documents and Related Testimony by Defendant Bofi Holding Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P)(Towill, Polly)(jmo).
July 20, 2021	Filing 230 Minute Order for proceedings held before Judge Cynthia Bashant: Motion In Limine Hearing held on 7/20/2021. Denying #214 Motion to File Documents Under Seal; Denying #216 Motion to File Documents Under Seal; and denying #226 Motion to File Documents Under Seal. Defendant to file seal lodged documents publicly on the docket by 7/30/2021. Granting in part and denying in part #222 Motion In Limine. #222 Motion In Limine Number 1 granted, Motion in Limine Number 2 denied, Motion in Limine Number 3 denied, Motion in Limine number 4 denied, Motion in Limine number 5 taken under submission. All of Defendant's Motions in Limine taken under submission. Court to issue order. Status Conference for pretrial issues, proposed verdict forms, jury instructions, exhibits, proposed voir dire, etc. set for 1/18/2022 01:30 PM in Courtroom 4B before Judge Cynthia Bashant. Jury Trial set for 2/1/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR James Pence). (Plaintiff Attorney Carol Gillam).(Defendant Attorney Martin Katz and Polly Towill). (no document attached) (sxm)
July 15, 2021	Filing 229 ORDER denying #228 Ex Parte Application to Continue Motion in Limine Hearing Without Prejudice. Signed by Judge Cynthia Bashant on 7/15/2021 (Chambers).
July 15, 2021	Filing 228 Ex Parte MOTION to Continue Motion in Limine Hearing Date by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Carol Gillam)(Gillam, Carol) (jmo).
July 13, 2021	Filing 227 SEALED LODGED Proposed Document re: #226 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (jmo).
July 13, 2021	Filing 226 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (jmo).
July 13, 2021	Filing 225 RESPONSE in Opposition re #222 In Limine MOTION to Exclude Evidence and Defenses (Motions in Limine Nos. 1-5) filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill in Support Thereof, #2 Exhibit A, #3 Exhibit E, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L)(Towill, Polly) (jmo).
July 13, 2021	Filing 224 NOTICE of Lodgment by Bofi Holding Inc. of Objections to Deposition Designations and Counter-Designations, C. Erharts Designations: Jonathan Ball, Vols. 1-3, Cynthia Brickey, Reymundo Castrejon, Daniel Crescitelli, (Non-Confidential), Daniel Crescitelli (Confidential), Jan Durrans, Gregory Garrabrants, Sabrina Grenet, Angela Lopez, Michael Sisk, John Tolla (Non-Confidential), John Tolla (Confidential), John Tolla, as BofIs 30(b)(6) witness and BofIs Designations: Daniel Crescitelli (Non-Confidential), Sabrina Grenet (Towill, Polly) (jmo).
July 13, 2021	Filing 223 RESPONSE in Opposition re #221 In Limine MOTION to Exclude (MIL No. 5) To Exclude Evidence Of Any Damages That Require Computation, #218 In Limine MOTION to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected, #215 In Limine MOTION to Exclude (MIL No. 2) To Exclude Inflammatory Evidence That Is Untethered To Erharts Claims, #213 In Limine MOTION to Exclude Incomplete Documents and Related Testimony, #220 In Limine MOTION to Exclude (MIL No. 4) To Exclude Evidence Of Conduct And Statements That Are Not Actionable filed by Charles Matthew Erhart. (Attachments: #1 Declaration of Carol Gillam)(Gillam, Carol) (jmo).
July 6, 2021	Filing 222 In Limine MOTION to Exclude Evidence and Defenses (Motions in Limine Nos. 1-5) by Charles Matthew Erhart. (Attachments: #1 Declaration of Carol Gillam)(Gillam, Carol) (jmo).
July 6, 2021	Filing 221 In Limine MOTION to Exclude (MIL No. 5) To Exclude Evidence Of Any Damages That Require Computation by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Martin D. Katz in Support Thereof, #3 Exhibit 1 to M. Katz Declaration, #4 Exhibit 2 to M. Katz Declaration, #5 Exhibit 3 to M. Katz Declaration, #6 Exhibit 4 to M. Katz Declaration)(Towill, Polly) (jmo).
July 6, 2021	Filing 220 In Limine MOTION to Exclude (MIL No. 4) To Exclude Evidence Of Conduct And Statements That Are Not Actionable by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Of Martin D. Katz In Support Thereof, #3 Exhibit 1 to M. Katz Declaration, #4 Exhibit 2 to M. Katz Declaration, #5 Exhibit 3 to M. Katz Declaration, #6 Exhibit 4 to M. Katz Declaration, #7 Exhibit 5 to M. Katz Declaration, #8 Exhibit 6 to M. Katz Declaration)(Towill, Polly) (jmo).
July 6, 2021	Filing 219 NOTICE of Lodgment by Bofi Holding Inc. re #215 In Limine MOTION to Exclude (MIL No. 2) To Exclude Inflammatory Evidence That Is Untethered To Erharts Claims (Towill, Polly) (jmo).
July 6, 2021	Filing 218 In Limine MOTION to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities in Support of MIL No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected, #2 Declaration of Martin D. Katz in Support of BofI's MIL No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected)(Towill, Polly) (jmo).
July 6, 2021	Filing 217 SEALED LODGED Proposed Document re: #216 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (jmo).
July 6, 2021	Filing 216 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (jmo).
July 6, 2021	Filing 215 In Limine MOTION to Exclude (MIL No. 2) To Exclude Inflammatory Evidence That Is Untethered To Erharts Claims by Bofi Holding Inc.. (Towill, Polly) (jmo).
July 6, 2021	Filing 214 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (jmo). Modified on 7/7/2021 to link motion to #213 (jmo).
July 6, 2021	Filing 213 In Limine MOTION to Exclude Incomplete Documents and Related Testimony by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities in Support of BofI's MIL No. 1 to Exclude Incomplete Documents and Related Testimony, #2 Declaration of Martin D. Katz iso BofI's MIL No. 1 to Exclude Incomplete Documents and Related Testimony, #3 Declaration of Polly Towill iso BofI's MIL No. 1 to Exclude Incomplete Documents and Related Testimony, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q)(Towill, Polly) (jmo).
July 6, 2021	Filing 212 Order Granting Joint Motion to (A) Bifurcate Trial; and (B) Exclude Certain Arguments and Evidence (ECF No. #211 ). Signed by Judge Cynthia Bashant on 7/2/21. (jmo)
July 1, 2021	Filing 211 Joint MOTION to Bifurcate Trial; and Exclude Certain Arguments and Evidence in Lieu of Motions in Limine by Bofi Holding Inc.. (Towill, Polly)(jmo).
February 22, 2021	Filing 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Final Pretrial Conference) held on 1/25/2021 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/15/2021. Redacted Transcript Deadline set for 3/25/2021. Release of Transcript Restriction set for 5/24/2021. (akr)
February 8, 2021	Filing 209 Pretrial Order Pursuant to FED.R.CIV.P.16 and L.R. 16. A hearing for motions in limine is set for 7/20/21, at 11:00 a.m. The parties are limited to five motions in limine per side. All motions in limine must be filed no later than 7/6/21. Any response to any motion in limine must be filed no later than 7/13/21. Signed by Judge Cynthia Bashant on 2/8/21. (Attachments: #1 Exhibit A: Erhart's Trial Exhibits, #2 Exhibit B: BofI's Trial Exhibits, #3 Exhibit C: Joint Stipulated Facts, #4 Exhibit D: Erhart's Proposed Jury Instructions, #5 Exhibit E: BofI's Proposed Jury Instructions)(jmo)
January 25, 2021	Filing 208 Minute Entry for proceedings held before Judge Cynthia Bashant: Final Pretrial Conference held on 1/25/2021. Motion In Limine Hearing set for 7/20/2021 11:00 AM in Courtroom 4B before Judge Cynthia Bashant. Motions due 7/6/2021 and Responses due 7/13/2021.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)
January 13, 2021	Filing 207 ORDER Rescheduling and Converting Pretrial Conference to Zoom Video Conference. Final Pretrial Conference set for 1/25/2021 at 03:45 PM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 1/13/21.(jmo)
November 5, 2020	Filing 206 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Mandatory Settlement Conference held on 11/4/2020. Case did not settle. (Plaintiff Attorneys Carol Gillam; Sara Heum). (Defendant Attorneys Polly Towill; Heather Plocky; Susan Sullivan). (no document attached) (twa)
October 9, 2020	Filing 205 Order Resetting Mandatory Settlement Conference set for 11/4/2020 10:00 AM before Magistrate Judge Nita L. Stormes. The MSC will take place via videoconference as follows. Plaintiff and his counsel must appear at 10:00 a.m. Defendant and its counsel must appear at 11:00 a.m. Signed by Magistrate Judge Nita L. Stormes on 10/9/20.(jmo)
October 2, 2020	Filing 204 Order Scheduling Final Pretrial Conference. Proposed Pretrial Order due by 1/6/2021. Final Pretrial Conference set for 1/20/2021 at 02:00 PM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 10/2/20.(jmo)
September 3, 2020	Filing 203 ORDER Vacating Mandatory Settlement Conference. The court vacates the mandatory settlement conference set for 9/16/20. Signed by Magistrate Judge Nita L. Stormes on 9/3/20.(jmo)
August 21, 2020	Filing 202 NOTICE of Change of Address by Sara Heum (Heum, Sara) (jmo).
August 18, 2020	Filing 201 NOTICE of Change of Address by Carol Gillam (Gillam, Carol) **QC Mailer sent re: changing address through pacer. Updated for this case only. (jmo).
August 12, 2020	Filing 200 ORDER granting #196 Motion for Clarification. The Court clarifies that BofI's request for partial summary judgment as to Erhart's DoddFrank claim for his altered financial statements belief is GRANTED. Signed by Judge Cynthia Bashant on 8/11/2020.
July 23, 2020	Filing 199 Order Resetting Mandatory Settlement Conference. Mandatory Settlement Conference set for 7/29/20 is reset to 9/16/2020 at 01:30 PM before Magistrate Judge Nita L. Stormes. Counsel or any party representing himself or herself shall lodge confidential settlement briefs directly to chambers by 9/9/20. Signed by Magistrate Judge Nita L. Stormes on 7/22/20.(jmo)
June 22, 2020	Filing 198 Order Resetting Mandatory Settlement Conference. Mandatory Settlement Conference is reset for 7/29/2020 at 01:30 PM before Magistrate Judge Nita L. Stormes.. Counsel or any party representing himself or herself shall lodge confidential settlement briefs directly to chambers by 7/22/20. Signed by Magistrate Judge Nita L. Stormes on 6/22/20.(jmo) (dlg).
June 15, 2020	Filing 197 RESPONSE in Support re #196 MOTION Seeking Clarification re #192 Order on Motion for Summary Judgment, filed by Bofi Holding Inc.. (Towill, Polly) (jmo).
May 22, 2020	Filing 196 MOTION Seeking Clarification re #192 Order on Motion for Summary Judgment,,,,,,,,,,,,, by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities in Support of BofIs Motion for Clarification re Order Granting in Part BofI's Motion for Summary Judgment, #2 Declaration of Heather Plocky in Support of BofI's Motion for Clarification re Order Granting in Part BofI's Motion for Summary Judgment)(Towill, Polly) (sjt).
April 29, 2020	Filing 195 ORDER Resetting Mandatory Settlement Conference. Mandatory Settlement Conference set for 6/30/2020 at 10:00 AM before Magistrate Judge Nita L. Stormes. Counsel or any party representing himself or herself shall lodge confidential settlement briefs directly to chambers by 6/23/20. Signed by Magistrate Judge Nita L. Stormes on 4/29/20.(jmo) (dlg).
April 6, 2020	Filing 194 NOTICE OF WITHDRAWAL AS COUNSEL by Bofi Holding Inc. (Cronthall, Andre) (jmo).
April 2, 2020	Filing 193 ORDER granting in part and denying in part #128 Charles Erhart's Motion to Exclude Experts. BofI fails to demonstrate that its non-retained expert CFO Micheletti's proposed testimony is admissible under Rule 702. Consequently, the Court grants Erhart's request to preclude Micheletti from testifying as an expert, but the Court recognizes that Micheletti may be able to provide lay opinion testimony on the Bank's lost profits under Rule 701. The Court grants in part and denies in part Erhart's request to exclude BofI's retained expert van Drunen. The Court admits van Drunen's testimony regarding internal audit objectives, standards, and procedures. The Court reaches a mixed result as to van Drunen's more specific opinions on Erhart's conduct. Some of these opinions are appropriate under Rule 702; other opinions either fail to meet Rule 702s requirements or are subject to exclusion under Rule 403. Signed by Judge Cynthia Bashant on 4/1/2020.
March 31, 2020	Filing 192 ORDER granting in part and denying in part #127 BofI Federal Bank's Motion for Summary Judgment; granting in part and denying in part #137 Charles Erhart's Motion for Summary Judgment. For the reasons set forth, the Court grants in part BofI's request to summarily adjudicate Erhart's Sarbanes-Oxley, Dodd-Frank, California Labor Code section 1102.5, and wrongful discharge causes of action. The Court otherwise denies BofI's motion. Further, the Court grants in part Erhart's request to summarily adjudicate BofI's claims for fraud, negligence, conversion, and breach of the duty of loyalty in light of California's Uniform Trade Secrets Act. The Court denies Erhart's request to dispose of the remainder of these claims because there are genuine issues for trial. The Court similarly denies Erhart's request for summary judgment on BofI's breach of contract, California Penal Code section 502, and Computer Fraud and Abuse Act claims. Finally, the Court grants Erhart's request for summary judgment on BofI's Unfair Competition Law claim. Subject to the Order of the Chief Judge No. 18, In re Suspension of Jury Trials and Other Proceedings During the Covid-19 Public Emergency (S.D. Cal. Mar. 17, 2020), the Court orders the parties to contact the Magistrate Judges chambers to reset their mandatory settlement conference. Upon conclusion of this conference, the parties shall coordinate with the Magistrate Judge to set new dates for a pretrial conference and trial. Signed by Judge Cynthia Bashant on 3/31/2020.
March 6, 2020	Filing 191 ORDER Vacating Pretrial and Trial Dates. Signed by Judge Cynthia Bashant on 3/6/20.(jmo) (dlg).
February 26, 2020	Filing 190 ORDER Regarding Proposed Pretrial Conference Order. Proposed Pretrial Order due by 3/10/2020. Signed by Judge Cynthia Bashant on 2/26/20.(jmo) (dlg).
October 3, 2019	Filing 189 NOTICE Regarding Exhibit Attachment by Charles Matthew Erhart re #158 Response in Opposition to Motion, BofI's Motion for Summary Judgment (Attachments: #1 Memo of Points and Authorities iso Opposition to BofI"s MSJ - Redacted, #2 Exhibit 47, #3 Exhibit 83, #4 Exhibit 90, #5 Exhibit 93, #6 Exhibit 98, #7 Exhibit 160, #8 Exhibit 228, #9 Exhibit 262, #10 Exhibit 268, #11 Exhibit 280, #12 Exhibit 282, #13 Exhibit 295, #14 Exhibit 296, #15 Exhibit E, #16 Exhibit F, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Proof of Service)(Gillam, Carol). (jah).
October 3, 2019	Filing 188 NOTICE Regarding Exhibit Attachment by Charles Matthew Erhart re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti (Attachments: #1 Exhibit 3, #2 Proof of Service)(Gillam, Carol). (jah).
September 25, 2019	Filing 187 NOTICE Regarding Exhibit Attachment by Bofi Holding Inc. re #162 Sealed Lodged Proposed Document, (Attachments: #1 Memo of Points and Authorities In Support of BofI's Reply re Motion for Summary Judgment REDACTED, #2 Exhibit A REDACTED, #3 Joint Statement re Undisputed Material Facts REDACTED)(Towill, Polly) (mme).
September 25, 2019	Filing 186 NOTICE Regarding Exhibit Attachment by Bofi Holding Inc. re #154 Sealed Lodged Proposed Document, (Attachments: #1 Exhibit AA REDACTED)(Towill, Polly) (mme).
September 25, 2019	Filing 185 NOTICE Regarding Exhibit Attachment by Bofi Holding Inc. re #126 Sealed Lodged Proposed Document, (Attachments: #1 Memo of Points and Authorities In Support of BofI's Motion for Summary Judgment REDACTED, #2 Exhibit C REDACTED, #3 Exhibit E REDACTED, #4 Exhibit F REDACTED, #5 Exhibit J REDACTED, #6 Exhibit AA REDACTED)(Towill, Polly) (mme).
September 19, 2019	Filing 178 ORDER Granting In Part and Denying in Part the Parties' Motions Regarding Filing Documents Under Seal. The Court Directs the Clerk of the Court to complete the various sealing requests that are underlined throughout this order (ECF Nos. #125 , #130 , #132 , #140 , #141 , #145 , #150 , #153 , #156 , #172 , #161 , #165 ). Signed by Judge Cynthia Bashant on 9/19/19. (dlg)
August 9, 2019	Filing 176 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/31/2019 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/30/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/7/2019. (akr)
July 31, 2019	Filing 175 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 7/31/2019 re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Charles Matthew Erhart and #127 MOTION for Summary Judgment filed by Bofi Holding Inc. Court to issue order. Final Pretrial Conference set for 3/13/2020 10:00 AM in Courtroom 4B before Judge Cynthia Bashant. Motion In Limine Hearing set for 9/9/2019 at 10:30 AM is vacated and reset for 4/27/2020 10:30 AM in Courtroom 4B before Judge Cynthia Bashant. Motions in Limine limited to 5 motions per side. Jury Trial set for 9/17/2019 at 9:00 AM is vacated and reset for 5/12/2020 09:00 AM in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Polly Towill, and John Landry). (no document attached) (sxm)
July 22, 2019	Filing 174 RESPONSE to Motion re #156 MOTION to File Documents Under Seal filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Erhart's Opposition REDACTED, #3 Exhibit C REDACTED, #4 Exhibit E REDACTED, #5 Exhibit F REDACTED, #6 Exhibit M REDACTED, #7 Exhibit N REDACTED, #8 Exhibit O REDACTED, #9 Exhibit Q REDACTED, #10 Exhibit 47 REDACTED, #11 Exhibit 229 REDACTED)(Towill, Polly). (jah). (Main Document 174 replaced on 9/20/2019) (dlg).
July 22, 2019	Filing 173 SEALED LODGED Proposed Document re: #172 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg).
July 22, 2019	Filing 172 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
July 9, 2019	Filing 171 ORDER Vacating Mandatory Settlement Conference. Court vacates the currently scheduled Mandatory Settlement Conference, pending resolution of the motions for summary judgment. The parties are ordered to contact Chambers within 3 days of a decision on the motions for summary judgment to reset the mandatory settlement conference as necessary. Signed by Magistrate Judge Nita L. Stormes on 7/9/2019. (jah)
July 9, 2019	Filing 170 ORDER Requiring Response re #156 MOTION to File Documents Under Seal filed by Charles Matthew Erhart. Court orders Defendant BofI to respond to Erhart's motion and provide compelling reasons for sealing any of the material. If BofI believes any material should be sealed, the Bank should file a public version of that document with proposed redactions. BofI's response shall be filed by 7/22/2019. Signed by Judge Cynthia Bashant on 7/8/2019. (jah)
July 2, 2019	Filing 169 ORDER granting #168 Motion to Continue; granting #168 Motion to Vacate. The Court CONTINUES the hearing set for July 8, 2019, to July 31, 2019, at 10:00 a.m. Further, the Court VACATES all pretrial deadlines. The parties should be prepared to discuss revised pretrial deadlines at the hearing on July 31. Signed by Judge Cynthia Bashant on 7/1/2019. (bxc)
June 30, 2019	Filing 168 Joint MOTION to Continue Hearing on BofI Federal Bank's and Charles Erhart's Motions for Summary Judgment and Erhart's Motion to Disqualify and Exclude, Joint MOTION to Vacate Pretrial Dates by Bofi Holding Inc.. (Towill, Polly). (jah).
June 26, 2019	Filing 167 Joint Statement of Undisputed Material Facts by Bofi Holding Inc., re #164 Reply to Response to Motion, #160 Reply to Response to Motion. (Attachments: #1 Declaration of Heather Plocky)(Towill, Polly). (jah).
June 26, 2019	Filing 166 * PORTIONS DOCKETED SEALED ON 9/19/19, ECF 183 * SEALED LODGED Proposed Document re: #165 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).
June 26, 2019	Filing 165 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
June 26, 2019	Filing 164 REPLY to Response to Motion re #127 MOTION for Summary Judgment filed by Bofi Holding Inc.. (Attachments: #1 Declaration of John Landry, #2 Exhibit A REDACTED, #3 Exhibit B, #4 Exhibit C REDACTED, #5 Exhibit D REDACTED)(Towill, Polly). (jah). (Attachment 5 replaced on 9/20/2019) (dlg).
June 26, 2019	Filing 163 * PORTIONS DOCKETED SEALED ON 9/19/19, ECF 183 * SEALED LODGED Proposed Document re: #161 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).
June 26, 2019	Filing 162 * PORTIONS DOCKETED SEALED ON 9/19/19, ECF 183 * SEALED LODGED Proposed Document re: #161 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).
June 26, 2019	Filing 161 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
June 26, 2019	Filing 160 REPLY to Response to Motion re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Exhibit 9, #3 Exhibit 10, #4 Declaration 11, #5 Proof of Service)(Gillam, Carol). (jah).
June 26, 2019	Filing 159 REPLY to Response to Motion re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti filed by Charles Matthew Erhart. (Attachments: #1 Proof of Service)(Gillam, Carol). (jah).
June 12, 2019	Filing 158 RESPONSE in Opposition re #127 MOTION for Summary Judgment filed by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Declaration, #3 Appendix, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Gillam, Carol). (jah). (Attachment 6 replaced on 9/20/2019) (dlg).
June 12, 2019	Filing 157 * PORTIONS DOCKETED SEALED ON 9/19/19, ECF 182 * SEALED LODGED Proposed Document re: #156 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gillam, Carol) (dlg). Modified on 9/19/2019 (dlg).
June 12, 2019	Filing 156 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (dlg).
June 12, 2019	Filing 155 RESPONSE in Opposition re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit A, #3 Exhibit B REDACTED, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E REDACTED, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K REDACTED, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R REDACTED, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V REDACTED, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z REDACTED, #28 Exhibit AA REDACTED, #29 Exhibit BB REDACTED, #30 Exhibit CC, #31 Exhibit DD, #32 Declaration of John Tolla)(Towill, Polly). (jah). (Attachment 3 replaced on 9/20/2019) (dlg). (Attachment 6 replaced on 9/20/2019) (dlg).
June 12, 2019	Filing 154 * PORTIONS DOCKETED SEALED ON 9/19/19, ECF 181 * SEALED LODGED Proposed Document re: #153 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/19/2019 (dlg).
June 12, 2019	Filing 153 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
June 12, 2019	Filing 152 RESPONSE in Opposition re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G REDACTED, #9 Exhibit H REDACTED, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Declaration of Guido van Drunen)(Towill, Polly). (jah). (Attachment 9 replaced on 9/20/2019) (dlg).
June 12, 2019	Filing 151 * PORTIONS DOCKETED SEALED ON 9/19/19, ECF 184 * SEALED LODGED Proposed Document re: #150 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).
June 12, 2019	Filing 150 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
May 23, 2019	Filing 149 ORDER granting Plaintiff's #148 Ex Parte Motion to Amend Briefing Schedule. Deadline to file oppositions to the motions for summary judgment and Plaintiff's motion to exclude set for 6/12/2019. The Parties shall meet and confer re joint statement by 6/18/2019. Deadline to file replies to the motions for summary judgment and motion to exclude set for 6/26/2019. Deadline to file joint statement of undisputed facts set for 6/26/2019. Signed by Judge Cynthia Bashant on 5/23/2019. (jah)
May 22, 2019	Filing 148 Ex Parte MOTION to Amend Briefing Schedule on Pending Motions re #139 Order Setting Briefing Schedule by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Proof of Service)(Gillam, Carol). Modified on 5/23/2019 - Wrong event. QC Email sent. Corrected entry and added document link (jah).
May 21, 2019	Filing 147 ORDER Resetting Mandatory Settlement Conference. Due to conflict with Court's calendar, Mandatory Settlement Conference set for 6/12/2019 is vacated and reset for 7/25/2019 10:00 AM before Magistrate Judge Nita L. Stormes. Confidential settlement briefs shall be submitted directly to Chambers by 7/18/2019. Signed by Magistrate Judge Nita L. Stormes on 5/21/2019. (jah)
May 17, 2019	Filing 146 ORDER Setting Oral Argument re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Charles Matthew Erhart, #127 MOTION for Summary Judgment filed by Bofi Holding Inc. Motion Hearing set for 7/8/2019 10:30 AM in Courtroom 4B before Judge Cynthia Bashant. Court amends certain pretrial deadlines and dates: Deadline for Pretrial Disclosures set for 7/1/2019. Deadline to meet and confer set for 7/8/2019. Deadline for Plaintiff Erhart to provide proposed pretrial order to opposing counsel set for 7/15/2019. Proposed Pretrial Order due by 7/22/2019. Final Pretrial Conference continued to 7/29/2019 11:30 AM before Judge Cynthia Bashant. Deadline to file motions in limine continued to 8/12/2019. Deadline to file responses to motions in limine continued to 8/26/2019. Deadline to submit 1) joint proposed jury instructions, 2) proposed verdict form, 3) voir dire questions, and 4) statement of the case. Motion In Limine Hearing continued to 9/9/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial remains as set for 9/17/2019 9:00 AM. Signed by Judge Cynthia Bashant on 5/17/2019. (jah)
May 14, 2019	Filing 145 MOTION to Strike Document re #141 MOTION to File Documents Under Seal by Bofi Holding Inc.. (Towill, Polly). (jah).
May 13, 2019	Filing 144 RESPONSE to Motion re #130 MOTION to File Documents Under Seal filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit 3 (Redacted), #3 Exhibit 5 (Redacted), #4 Exhibit 6 (Redacted), #5 Exhibit 297 (Redacted))(Towill, Polly). Modified on 5/14/2019 - Edited text (jah).
May 13, 2019	Filing 143 RESPONSE to Motion re #132 MOTION to File Documents Under Seal filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit 8 (Redacted))(Towill, Polly). Modified on 5/14/2019 - Edited text (jah).
May 13, 2019	Filing 142 SEALED LODGED Proposed Document re: #141 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg).
May 13, 2019	Filing 141 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
May 13, 2019	Filing 140 MOTION to Amend/Correct #125 MOTION to File Documents Under Seal by Bofi Holding Inc.. (Towill, Polly). (jah).
May 10, 2019	Filing 139 ORDER Setting Briefing Schedule on Pending Motions. Any responses to the pending motions to seal (ECF Nos. #125 , #130 , #132 ) shall be filed no later than Tuesday, May 14, 2019. The parties shall file their respective oppositions to the motions for summary judgment (ECF Nos. #127 , #137 ) no later than Friday, May 31, 2019. The parties shall file any replies to the motions for summary judgment no later than Friday, June 14, 2019. BofI shall file its opposition to Erhart's motion to exclude (ECF No. #128 ) no later than Friday, May 31, 2019. Erhart shall file any reply no later than Friday, June 14, 2019. Signed by Judge Cynthia Bashant on 5/9/19.(dlg)
May 9, 2019	Filing 138 DECLARATION re #137 MOTION for Summary Judgment and/or Partial Summary Judgment CORRECTED DECLARATION OF CAROL GILLAM by Plaintiff Charles Matthew Erhart. (Gillam, Carol) (acc).
May 7, 2019	Filing 137 MOTION for Summary Judgment and/or Partial Summary Judgment by Charles Matthew Erhart. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Appendix, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proof of Service)(Gillam, Carol). (jah).
May 7, 2019	Filing 136 NOTICE OF WITHDRAWAL OF DOCUMENT by Charles Matthew Erhart re #129 MOTION for Summary Judgment and/or Partial Summary judgment filed by Charles Matthew Erhart. (Gillam, Carol). (jah).
May 7, 2019	Filing 135 SUPPLEMENTAL DOCUMENT: Additional Exhibits 4-9 by Charles Matthew Erhart re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti. (Attachments: #1 Proof of Service, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9)(Gillam, Carol). Modified on 5/8/2019 - Corrected text (jah).
May 7, 2019	Filing 134 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #129 MOTION for Summary Judgment or Partial Summary Judgment (Gillam, Carol). Modified on 5/8/2019 - Has s/ of staff member. QC Email sent to file Corrected Proof of Service (jah).
May 7, 2019	Filing 133 SEALED LODGED Proposed Document re: #132 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gillam, Carol) (dlg).
May 7, 2019	Filing 132 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (dlg).
May 7, 2019	Filing 131 * PORTIONS DOCKETED AS SEALED ON 9/19/19, ECF 180 * SEALED LODGED Proposed Document re: #130 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gillam, Carol) (dlg). Modified on 9/19/2019 (dlg).
May 7, 2019	Filing 130 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (dlg).
May 6, 2019	Filing 129 MOTION for Summary Judgment and/or Partial Summary Judgment by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Gillam, Carol). Modified on 5/7/2019 - No pdf for Motion, only supporting docs attached. QC Email sent to withdraw and refile per L.R. 7.1. (jah).
May 6, 2019	Filing 128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti by Charles Matthew Erhart. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit 1, #5 Exhibit 3)(Gillam, Carol). Modified on 5/7/2019 - Incorrectly filed as a multi part motion, QC Email sent. Removed non-applicable motion reliefs and corrected text (jah). (Attachment 4 replaced on 9/20/2019) (dlg). (Additional attachment(s) added on 9/20/2019: #6 Policy Statement) (dlg).
May 6, 2019	Filing 127 MOTION for Summary Judgment by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of John Tolla REDACTED, #3 Declaration of Andrew J. Micheletti, #4 Declaration of Thomas Constantine, #5 Declaration of Lorena McWilliams REDACTED, #6 Declaration of Polly Towill REDACTED, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C REDACTED, #10 Exhibit D REDACTED, #11 Exhibit E REDACTED, #12 Exhibit F REDACTED, #13 Exhibit G REDACTED, #14 Exhibit H, #15 Exhibit I REDACTED, #16 Exhibit J REDACTED, #17 Exhibit K REDACTED, #18 Exhibit L, #19 Exhibit M REDACTED, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q REDACTED, #24 Exhibit R REDACTED, #25 Exhibit S, #26 Exhibit T REDACTED, #27 Exhibit U REDACTED, #28 Exhibit V, #29 Exhibit W, #30 Exhibit X REDACTED, #31 Exhibit Y, #32 Exhibit Z, #33 Exhibit AA REDACTED, #34 Exhibit BB, #35 Exhibit CC, #36 Exhibit DD, #37 Exhibit EE, #38 Exhibit FF, #39 Exhibit GG, #40 Exhibit HH, #41 Exhibit II, #42 Exhibit JJ, #43 Exhibit KK, #44 Exhibit LL, #45 Exhibit MM, #46 Exhibit NN, #47 Exhibit OO, #48 Exhibit PP, #49 Exhibit QQ, #50 Exhibit RR, #51 Exhibit SS, #52 Exhibit TT, #53 Exhibit UU REDACTED, #54 Exhibit VV REDACTED, #55 Exhibit WW, #56 Exhibit XX REDACTED, #57 Exhibit YY, #58 Exhibit ZZ, #59 Exhibit AAA, #60 Exhibit BBB, #61 Exhibit CCC, #62 Request for Judicial Notice, #63 Exhibit 1 to RJN, #64 Exhibit 2 to RJN, #65 Exhibit 3 to RJN, #66 Exhibit 4 to RJN, #67 Exhibit 5 to RJN, #68 Exhibit 6 to RJN, #69 Exhibit 7 to RJN, #70 Exhibit 8 to RJN, #71 Exhibit 9 to RJN)(Towill, Polly). (jah). (Attachment 5 replaced on 9/20/2019) (dlg). (Attachment 6 replaced on 9/20/2019) (dlg). (Attachment 10 replaced on 9/20/2019) (dlg). (Attachment 17 replaced on 9/20/2019) (dlg). (Attachment 23 replaced on 9/20/2019) (dlg). (Attachment 24 replaced on 9/20/2019) (dlg).
May 6, 2019	Filing 126 *PORTIONS DOCKETED SEALED ON 9/19/19, ECF 179 * SEALED LODGED Proposed Document re: #125 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/19/2019 (dlg).
May 6, 2019	Filing 125 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).
May 3, 2019	Filing 124 SECOND AMENDED COMPLAINT with Jury Demand against Bofi Holding Inc., filed by Charles Matthew Erhart. (Attachments: #1 Proof of Service) (Gillam, Carol). Modified on 5/6/2019 - Removed duplicate text (jah).
April 30, 2019	Filing 123 ORDER granting in part and denying in part Defendant BofI Holdings' #78 Motion for Judgment on the Pleadings; denying Plaintiff Charles Matthew Erhart's #96 Motion for Judgment on the Pleadings. Court grants Defendant's request to dismiss Plaintiff's claims because he names the incorrect defendant. Plaintiff is granted leave to amend for the limited purpose of naming the correct entity defendant. Second Amended Complaint shall be filed by 5/3/2019. Court denies the remainder of Defendant's motion. Signed by Judge Cynthia Bashant on 4/30/2019. (jah) (Main Document 123 replaced on 5/6/2019). Modified on 5/6/2019 - Edited entry. Regenerated NEF (jah).
April 22, 2019	Filing 122 ORDER Granting in part and Denying in part #119 Bofl's Ex Parte Application Regarding Summary Judgment Briefing. The Court denies Bofl's request to file two separate summary judgment motions, but grants in part Bofl's request to file excess pages. Furthermore, in light of this order, the Court CONTINUES the deadline for the parties to file pretrial motions from April 29, 2019, to May 6, 2019. Signed by Judge Cynthia Bashant on 4/22/2019. (aef)
April 2, 2019	Filing 121 ORDER Continuing Deadline to File Pretrial Motions. Court sua sponte continues the deadline to file pretrial motions to 4/29/2019. All other dates remain unchanged. Signed by Judge Cynthia Bashant on 4/2/2019. (jah)
March 18, 2019	Filing 120 RESPONSE in Opposition re #119 Ex Parte MOTION for Leave to File Excess Pages and Permit Filing of Multiple Motions for Summary Judgment filed by Charles Matthew Erhart. (Gillam, Carol). (jah).
March 14, 2019	Filing 119 Ex Parte MOTION for Leave to File Excess Pages and Permit Filing of Multiple Motions for Summary Judgment by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill)(Towill, Polly). Modified on 3/15/2019 - Edited text (jah).
February 26, 2019	Filing 118 NOTICE of Appearance by Martin David Katz on behalf of Bofi Holding Inc. (Katz, Martin)Attorney Martin David Katz added to party Bofi Holding Inc.(pty:dft) (acc).
February 25, 2019	Filing 117 NOTICE of Appearance by Heather Lynn Plocky on behalf of Bofi Holding Inc. (Attachments: #1 Proof of Service)(Plocky, Heather)Attorney Heather Lynn Plocky added to party Bofi Holding Inc.(pty:dft) (acc).
February 15, 2019	Filing 116 ORDER granting in part and denying in part #110 Motion for Limited Reopening of Discovery Based Upon February 6, 2019 Decision by OCC and for Extension of Time to File Dispositive Motions and to Continue Trial Date; granting in part and denying in part #115 Supplemental Motion for Extension of Time to File Dispositive Motions and to Continue Trial Date. Court modifies the case schedule as follows: Pretrial Motion Filing Cutoff continued to 4/12/2019. Mandatory Settlement Conference continued to 6/12/2019 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order continued to 7/15/2019. Final Pretrial Conference continued to 7/22/2019 11:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 2/15/2019. (jah)
February 13, 2019	Filing 115 Supplemental Joint Statement re Limited Reopening of Discovery Based Upon February 6, 2019 Decision by the OCC; Supplemental MOTION for Extension of Time to File Dispositive Motions and to Continue Trial by Bofi Holding Inc.. (Towill, Polly). Modified on 2/14/2019 - Wrong event. Multi pleadings filed as one. QC Email sent. Corrected entry (jah).
February 11, 2019	Filing 114 ORDER granting #112 Joint Motion for Entry of Protective Order. The motion is granted and the protective order is entered, as modified by Court. Signed by Magistrate Judge Nita L. Stormes on 2/11/2019. (jah)
February 8, 2019	Filing 113 ORDER re #110 MOTION for the Limited Reopening of Discovery Based Upon February 6, 2019 Decision by the OCC, MOTION for Extension of Time to of Deadlines to File Dispositive Motiion and to Continue Trial Date filed by Bofi Holding Inc.. The parties are ordered to submit a supplemental joint statement, which shall provide a summary describing the contents of the documents, how they are relevant, and why the witnesses discussed in the joint motion would have to be deposed on the documents. The joint submission shall be limited to 5 pages and should be submitted by 2/13/2019. Signed by Magistrate Judge Nita L. Stormes on 2/8/2019. (jah)
February 8, 2019	Filing 112 Joint MOTION for Protective Order by Bofi Holding Inc.. (Towill, Polly). (jah).
February 8, 2019	Filing 111 NOTICE OF WITHDRAWAL OF DOCUMENT by Bofi Holding Inc. re #109 Joint MOTION for Protective Order filed by Bofi Holding Inc.. (Towill, Polly). (jah).
February 7, 2019	Filing 110 MOTION for the Limited Reopening of Discovery Based Upon February 6, 2019 Decision by the OCC, MOTION for Extension of Deadlines to File Dispositive Motions and to Continue Trial Date by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities)(Towill, Polly). Added MOTION for Extension of Time to File on 2/8/2019. Modified on 2/8/2019 - Multi part motion, one part not filed. Not a joint motion, not signed by opposing atty. QC Email sent. Added missing motion and corrected text (jah).
February 7, 2019	Filing 109 * WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENT #111 * Joint MOTION for Protective Order by Bofi Holding Inc.. (Towill, Polly). Modified on 2/8/2019 - Attached pleading is not a Motion, but is a Proposed Order. QC Email sent to refile w/ pdf that complies L.R. 5.1 (jah). Modified on 2/11/2019 - Motion and judge association termed (jah).
December 21, 2018	Filing 108 ORDER on #107 Joint Motion for Determination of Discovery Dispute No. 7. The Court DENIES BofI's motion to compel further production of text messages from Erhart and DENIES Erhart's request for a protective order. Signed by Magistrate Judge Nita L. Stormes on 12/21/2018. (acc)
December 12, 2018	Filing 107 Joint MOTION for Discovery Dispute No. 7 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Exhibit A, #4 Declaration of Sara Heum, #5 Proof of Service)(Towill, Polly) (rmc).
December 4, 2018	Filing 106 ORDER granting #104 Joint Motion to Allow the Use of November 9, 2016 Deposition Transcript and Testimony of Sofia Cornell for All Purposes. The 11/9/2016 deposition of Sofia Cornell taken in the San Diego County Superior Court Case No. 37-2016-00016599-CU-NP-CTL (the State Action) will be considered by the Parties as though they were taken in 15cv2287-BAS(NLS) consolidated with 15cv2353-BAS(NLS) (the Federal Action). This will not affect Bofl's ability to depose Sofia Cornell in the Federal Action. The prior deposition in the State Action may be used in the Federal Action for all purposes, including but not limited to trial. Signed by Magistrate Judge Nita L. Stormes on 12/4/2018. (jah)
December 4, 2018	Filing 105 ORDER granting in part #103 Joint Motion to Continue Deposition and Pretrial Motion Cutoff Dates. Court will grant the extension request as to the deadline to complete fact and expert depositions and to file pretrial motions. As for discovery disputes, Court deny the request and the parties must adhere to the timing guidelines set in the Chambers Rules. The dates are modified as follows: Deadline to take fact and expert depositions set for 2/7/2019 and pretrial motions filing cutoff set for 3/15/2019. All other dates shall remain as previously set. Signed by Magistrate Judge Nita L. Stormes on 12/4/2018. (jah)
December 3, 2018	Filing 104 Joint MOTION for Discovery to Allow the Use of the November 9, 2016 Deposition Transcript and Testiony of Sofia Cornell for All Purposes by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).
November 29, 2018	Filing 103 Ex Parte MOTION to Continue Fact and Expert Depositions and Pretrial Motion Cutoff (Joint Ex Parte Application) by Charles Matthew Erhart. (Attachments: #1 Declaration of Polly Towill, #2 Proof of Service)(Gillam, Carol) (sjm).
November 28, 2018	Filing 102 ORDER granting #101 Motion for Discovery Regarding Use of Privileged Documents. If the Party seeking to use the documents BOfl maintains are protected by the bank examination privilege or use the unredacted version of any of the documents containing information protected by the SAR privilege doe4s not receive approval from the appropriate governmental agency after seeking such approval, that Party may bring a Joint Motion before Court regarding the use of the documents. The deadline for bringing such a Joint Motion shall be continued to 2/7/2019. Signed by Magistrate Judge Nita L. Stormes on 11/28/2018. (jah)
November 26, 2018	Filing 101 Joint MOTION for Discovery Regarding Use of Documents Protected by the Bank Examaination Privilege and SAR Privilege by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). Modified on 11/27/2018 - Edited attachment description (jah).
November 15, 2018	Filing 100 ORDER on Joint Motion for Determination of Discovery Dispute No. 6 #97 . Court grants in part and denies in part Plaintiff's motion to compel regarding the requests. Unless otherwise specified, where the Court has ordered production, it must take place within 14 days of this Order. Signed by Magistrate Judge Nita L. Stormes on 11/15/2018. (jah)
November 9, 2018	Filing 99 REPLY in Support re #96 MOTION for Judgment on the Pleadings filed by Charles Matthew Erhart. (Gillam, Carol) Modified on 11/13/2018 to match document title (aef).
November 5, 2018	Filing 98 RESPONSE in Opposition re #96 MOTION for Judgment on the Pleadings filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly) (sjm).
October 22, 2018	Filing 97 Joint MOTION for Discovery Dispute No. 6 by Charles Matthew Erhart. (Attachments: #1 Statement of Facts Joint Statement, #2 Declaration of Sara Heum, #3 Exhibit 1 to Heum Declaration, #4 Exhibit 2 to Heum Declaration, #5 Declaration of Polly Towill, #6 Exhibit A to Towill Declaration, #7 Declaration of John Tolla, #8 Proof of Service)(Gillam, Carol) (acc).
October 19, 2018	Filing 96 MOTION for Judgment on the Pleadings by Charles Matthew Erhart. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sara Heum , #3 Proof of Service)(Gillam, Carol). Modified on 10/22/2018 - Double wording for attachment descriptions. QC Email sent. Removed duplicative attachment descriptions (jah).
October 17, 2018	Filing 95 ORDER granting in part and denying in part BofI Holdings Inc. and BofI Federal Bank's #91 Ex Parte Motion for Evidentiary Sanctions Prohibiting Erhart from Using Documents or Alternatively Ordering Additional Time for Erhart's Deposition and extending Deadline for BofI's Internal Audit Expert Disclosures. Court grants in part the request for additional time to depose Erhart. Court will grant BOfI leave to take a total of 16 hours of deposition testimony from Erhart. Court grants BofI's request that its internal audit expert be granted until 11/26/2018 to complete his report. Court will grant the extension to either party that needs it. Any internal audit expert report must be exchanged by 11/16/2018. Any rebuttal report for the dame must exchanged by 12/10/3018. This affects internal audit reports only, an all other expert reports are to be exchanged according to the existing schedule. Plaintiff Erhart's request for evidentiary sanctions is denied. Signed by Magistrate Judge Nita L. Stormes on 10/17/2018. (jah)
October 15, 2018	Filing 93 RESPONSE in Opposition re #91 Ex Parte MOTION for Evidentiary Sanctions Prohibiting Erhart from using Documents, or Alternatively Ordering Additional Time for Erhart's Deposition and Extending Deadline for BofI's Internal Audit Expert Disclosures filed by Charles Matthew Erhart. (Attachments: #1 Exhibit 1 to Declaration of Charles Matthew Erhart, #2 Exhibit 2 to Declaration of Polly Towill, #3 Exhibit 3 to Declaration of Matthew D. Armstrong, #4 Gillam Declaration, #5 Heum Declaration, #6 Proof of Service)(Gillam, Carol). Modified on 10/16/2018 - Removed duplicate attachment descriptions (jah).
October 12, 2018	Filing 94 ORDER on #88 Joint Motion for Determination of Discovery Dispute No. 5. Court denies without prejudice Defendant BofI's request for Plaintiff to submit to a a mental examination, subject to renewal at a later time if appropriate. Signed by Magistrate Judge Nita L. Stormes on 10/12/2018. (jah)
October 12, 2018	Filing 92 SUPPLEMENTAL BRIEFING in Support re #91 Ex Parte MOTION for Evidentiary Sanctions Prohibiting Erhart from using Documents, or Alternatively Ordering Additional Time for Erhart's Deposition and Extending Deadline for BofI's Internal Audit Expert Disclosures filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Proof of Service)(Towill, Polly). Modified on 10/15/2018 - Wrong event. QC Email sent. Corrected text to match pleading (jah).
October 11, 2018	Filing 91 Ex Parte MOTION for Evidentiary Sanctions Prohibiting Erhart from using Documents, or Alternatively Ordering Additional Time for Erhart's Deposition and Extending Deadline for BofI's Internal Audit Expert Disclosure by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Proof of Service)(Towill, Polly). Modified on 10/12/2018 - Edited entry (jah).
October 9, 2018	Filing 90 ORDER granting #89 Joint Motion to Allow the Use of the July 11, 2017 and August 30, 2017 Deposition Transcripts and Testimony of Charles Matthew Erhart for All Purposes. Signed by Magistrate Judge Nita L. Stormes on 10/9/2018. (jah)
October 8, 2018	Filing 89 Joint MOTION Allow the Use of the July 11, 2017 and August 30, 2017 Deposition Transcripts and Testimony of Charles Matthew Erhart for All Purposes by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).
October 8, 2018	Filing 88 Joint MOTION for Determination of Discovery Dispute No. 5 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Exhibit A to the Declaration of Pollty Towill, #4 Exhibit B to the Declaration of Pollty Towill, #5 Exhibit C to the Declaration of Polly Towill, #6 Exhibit D to the Declaration of Polly Towill, #7 Exhibit E to the Declaration of Polly Towill, #8 Exhibit F to the Declaration of Polly Towill, #9 Declaration of Sara Heum , #10 Proof of Service)(Towill, Polly). Modified on 10/9/2018 - Edited text. Removed duplicative attachment descriptions (jah).
October 1, 2018	Filing 87 REPLY to Response to Motion re #78 MOTION for Judgment on the Pleadings on Erhart's First Amended Complaint filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly) (aef).
September 27, 2018	Filing 85 ORDER Granting #82 Motion to File Documents Under Seal; and Granting Continuance of Trial Date. The Court grants the request and resets the trial to September 17, 2019 at 9:00 a.m. Signed by Magistrate Judge Nita L. Stormes on 9/27/18. (dlg)
September 25, 2018	Filing 84 RESPONSE in Opposition re #78 MOTION for Judgment on the Pleadings filed by Charles Matthew Erhart. (Attachments: #1Declaration of Carol Gillam, #2 Plaintiff's Evidentiary Objection to Defendant's Request for Judicial Notice, #3 Proof of Service)(Gillam, Carol). (jah).
September 25, 2018	Filing 83 * DOCKETED AS SEALED ON 9/27/18, ECF #83 * SEALED LODGED Proposed Document re: #82 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (aef). Modified on 9/27/2018 (dlg).
September 25, 2018	Filing 82 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (aef).
September 11, 2018	Filing 81 ORDER granting in part and denying in part Plaintiff's #79 Motion for Amended Scheduling Order. The remaining dates are modified as follows: Pretrial Motions Filing Cutoff set for 1/14/2019. Mandatory Settlement Conference set for 4/3/2019 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 5/6/2019. Final Pretrial Conference set for 5/20/2019 11:00 AM before Judge Cynthia Bashant. Deadline to file motions in limine set for 6/3/2019. Deadline to file responses to motions in limine set for 6/17/2019. Motion In Limine Hearing set for 7/8/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 7/16/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 9/11/2018. (jah)
September 7, 2018	Filing 80 RESPONSE to Motion re #79 Ex Parte MOTION Plaintiff's Ex Parte Application for an Amended Scheduling Order filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).
September 6, 2018	Filing 79 Ex Parte MOTION Plaintiff's Ex Parte Application for an Amended Scheduling Order by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Sara Heum in Support of Plaintiff's Ex Parte Application for an Amended Scheduling Order, #2 Proof of Service)(Gillam, Carol)(acc).
September 4, 2018	Filing 78 MOTION for Judgment on the Pleadings by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A - OSHA Complaint, #4 Exhibit B - SEC Complaint, #5 Declaration of Heather Plocky, #6 Proof of Service)(Towill, Polly). (jah).
September 4, 2018	Filing 77 ORDER re: #70 Joint Motion for Determination of Discovery Dispute No. 4. Court grants in part and denies in part Plaintiff's motion to compel regarding the requests. Unless otherwise specified in this Order, where Court has ordered production, it must take place within 14 days of this Order. Signed by Magistrate Judge Nita L. Stormes on 9/4/2018. (jah)
August 31, 2018	Filing 76 ORDER granting #75 Joint Motion to Amend Scheduling Order. Court extends the deadline for serving expert designations and disclosures to 10/4/2018 and the deadline for rebuttal and supplemental designations and disclosures to 10/18/2018. Signed by Magistrate Judge Nita L. Stormes on 8/31/2018. (jah)
August 29, 2018	Filing 75 Joint MOTION Amend Scheduling Order by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).
August 22, 2018	Filing 74 ORDER denying Plaintiff's #71 Ex Parte Motion to Extend Time to Bring Joint Motion Regarding Discovery. Signed by Magistrate Judge Nita L. Stormes on 8/22/2018. (jah)
August 20, 2018	Filing 73 RESPONSE in Opposition re #71 Ex Parte MOTION Re Extending Time to File Joint Discovery Motion filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Heather Plocky , #2 Proof of Service)(Towill, Polly). Modified on 8/21/2018 - Removed duplicative attachment description (jah).
August 17, 2018	Filing 72 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #71 Ex Parte MOTION Re Extending Time to File Joint Discovery Motion (Gillam, Carol). (jah).
August 16, 2018	Filing 71 Ex Parte MOTION Re Extending Time to File Joint Discovery Motion by Charles Matthew Erhart. (Attachments: #1 Declaration of Carol Gilliam, #2 Declaration of Sara Heum)(Gillam, Carol). Modified on 8/17/2018 No Proof of Service. QC Email sent to file Proof of Service. Corrected attachment descriptions (jah).
August 9, 2018	Filing 70 Joint MOTION for Determination of Discovery Dispute No. 4 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Heather Plocky, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proof of Service)(Towill, Polly). Modified on 8/10/2018 - Edited entry (jah).
July 18, 2018	Filing 69 NOTICE of Errata re #46 Answer to First Amended Complaint by Bofi Holding Inc. (Attachments: #1 Certificate of Service)(Towill, Polly). Modified on 7/19/2018 - No provision for acceptance of Errata. QC Email sent. Removed duplicate text (jah).
July 16, 2018	Filing 68 ORDER granting #67 Joint Motion for Entry of Protective Order and Modified by the Court. Signed by Magistrate Judge Nita L. Stormes on 7/16/2018. (acc)
July 12, 2018	Filing 67 Joint MOTION for Protective Order by Bofi Holding Inc.. (Towill, Polly). Modified on 7/12/2018 - Wrong event. QC Email sent. Corrected motion event and text (jah).
July 11, 2018	Filing 66 ORDER denying #65 Joint Motion to Continue Trial and All Other Scheduled Dates. Signed by Magistrate Judge Nita L. Stormes on 7/11/2018. (jah)
July 9, 2018	Filing 65 Joint MOTION to Continue Trial and All Other Scheduled Dates by Charles Matthew Erhart. (Gillam, Carol). Modified on 7/10/2018 - Wrong event. Corrected event and text (jah).
June 5, 2018	Filing 64 ORDER granting in part and denying in part #63 Joint Motion to Amend/Correct Scheduling Order. Date for Initial Expert Designations for Affirmative Claims is extended to 9/14/2018. Date for Initial Expert Designations for Defense of Claims is extended to 9/14/2018. Date for Supplemental Expert Designation is extended to 10/12/2018. All other dates remain as previously set. Signed by Magistrate Judge Nita L. Stormes on 6/5/2018. (jah). Modified on 6/7/2018 - Edited text re ruling. Regenerated NEF (jah).
May 31, 2018	Filing 63 Joint MOTION to Amend/Correct Scheduling Order by Bofi Holding Inc.. (Towill, Polly). (jah).
March 13, 2018	Filing 62 SCHEDULING ORDER: Case Management Conference was held on 3/12/2018. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 4/13/2018. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 12/12/2018. Any Daubert motions shall be filed along with motions for summary judgment unless no motions for summary judgment will be filed, in which case the parties may file Daubert motions along with motions in limine. Mandatory Settlement Conference set for 3/6/2019 09:30 AM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 4/1/2019. Final Pretrial Conference set for 4/15/2019 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 4/29/2019. All responses to the motions in limine are due by 5/13/2019. Motion In Limine Hearing set for 6/3/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 6/11/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 3/13/2018. (jah)
March 12, 2018	Filing 61 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Status/Case Management Conference held on 3/12/2018. Order to issue. (Plaintiff Attorney Carol Gillam, Sara Heum). (Defendant Attorney Polly Towill, Heather Plocky). (no document attached) (twa)
February 15, 2018	Filing 60 ORDER granting #59 Joint Motion to Continue Joint Status Conference. Telephonic Joint Status Conference set for 2/21/2018 is continued to 3/12/2018 03:00 PM before Magistrate Judge Nita L. Stormes. The parties shall lodge a joint status report and revised discovery plan by 3/6/2018. Signed by Magistrate Judge Nita L. Stormes on 2/15/2018. (jah)
February 14, 2018	Filing 59 Joint MOTION to Continue Joint Status Conference by Bofi Holding Inc.. (Towill, Polly). (jah).
January 23, 2018	Filing 58 ORDER granting #57 Joint Motion to Continue Joint Status Conference. Status and Case Management Conference set for 1/26/2018 11:00 AM is continued to 2/21/2018 02:30 PM before Magistrate Judge Nita L. Stormes. The parties shall lodge with Court a joint status report and revised discovery plan by 2/19/2018. Signed by Magistrate Judge Nita L. Stormes on 1/23/2018. (jah)
January 23, 2018	Filing 57 Joint MOTION to Continue Joint Status Conference by Bofi Holding Inc.. (Towill, Polly). (jah).
January 19, 2018	Filing 56 ORDER Setting Telephonic Status and Case Management Conference. Telephonic, Attorneys-Only Status and Case Management Conference set for 1/26/2018 11:00 AM before Magistrate Judge Nita L. Stormes. The parties shall lodge with Judge Stormes a joint status report by 1/24/2018, which apprises Court of the status of discovery in these cases. Signed by Magistrate Judge Nita L. Stormes on 1/19/2018. (jah)
January 18, 2018	Filing 55 ORDER denying Defendant BofI Holding, Inc.'s #49 Motion for Reconsideration re #44 Order on Motion to Dismiss First Amended Complaint. Signed by Judge Cynthia Bashant on 1/18/2018. (jah)
October 30, 2017	Filing 54 REPLY to Response to Motion re #49 MOTION for Reconsideration, or in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike filed by Bofi Holding Inc.. (Towill, Polly). (jah).
October 23, 2017	Filing 53 RESPONSE in Opposition re #49 MOTION for Reconsideration, or in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike filed by Charles Matthew Erhart. (Attachments: #1 Declaration)(Gillam, Carol). (jah).
October 10, 2017	Filing 52 CORRECTED CERTIFICATE OF SERVICE by Bofi Holding Inc. re #49 MOTION for Reconsideration, or in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike (Towill, Polly). Modified on 10/11/2017 - Removed duplicate text (jah).
October 10, 2017	Filing 51 CORRECTED CERTIFICATE OF SERVICE by Bofi Holding Inc. re #48 Joint MOTION to Continue Status Conference (Towill, Polly). Modified on 10/11/2017 - Removed duplicate text (jah).
October 10, 2017	Filing 50 ORDER denying #48 Joint Motion to Continue Joint Status Conference. Court vacates the Status and Case Management Conference. Counsel for BofI is ordered to contact this Court within three (3) days of the District's Judge's ruling on its Motion for Reconsideration and Court will reset the conference. Signed by Magistrate Judge Nita L. Stormes on 10/10/2017. (jah)
October 6, 2017	Filing 49 MOTION for Reconsideration, or, in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1 to Request for Judicial Notice, #4 Exhibit 2 to Request for Judicial Notice, #5 Exhibit 3 to Request for Judicial Notice, #6 Declaration of Polly Towill, #7 Exhibit A to Towill Declaration, #8 Exhibit B to Towill Declaration, #9 Proof of Service)(Towill, Polly). Modified on 10/10/2017 - Proof of Service has s/ of staff. QC Email sent to file Corrected Proof of Service. Removed duplicative attachment description (jah).
October 6, 2017	Filing 48 Joint MOTION to Continue Status Conference by Bofi Holding Inc.. (Towill, Polly). Modified on 10/10/2017 - Proof of Service has s/ of staff member. QC Email sent to file Corrected Proof of Service (jah).
October 3, 2017	Filing 47 ORDER CONTINUING telephonic status and case management conference to October 13, 2017 at 3:00 p.m. due to a conflict on the Court's calendar. All other provisions of the Court's September 19, 2017 order [ECF No. 45] remain in effect. Signed by Magistrate Judge Nita L. Stormes on 10/3/2017.(no document attached) (chg)
September 26, 2017	Filing 46 ANSWER to #32 First Amended Complaint by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).
September 19, 2017	Filing 45 ORDER Setting Telephonic Status and Case Management Conference. Telephonic, Attorneys-Only Case Management Conference and Status Conference set for 10/13/2017 10:00 AM be fore Magistrate Judge Nita L. Stormes. The parties shall lodge a joint status report with Judge Stormes by 10/11/2017. Signed by Magistrate Judge Nita L. Stormes on 9/19/2017. (jah). Modified on 9/19/2017 - Edited to add Attorneys Only to text. Regenerated NEF (jah).
September 11, 2017	Filing 44 ORDER granting in part and denying in part BofI Holding, Inc.'s #35 Motion to Dismiss and #35 Motion to Strike Allegations from First Amended Complaint. Court denies BofI's request to dismiss Erhart's claims for whistleblower retaliation under Sarbanes-Oxley, whistleblower retaliation under Dodd-Frank, and defamation. Court grants BofI's motion to dismiss Erhart's claims for violation of California Confidentiality of Medical Information Act, breach of covenant of good faith and fair dealing, and intentional infliction of emotional distress. Court dismisses these claims with leave to amend. Court denies BofI's motion to strike allegations from Erhart's pleading. If Erhart chooses to file a Second Amended Complaint, he must do so by 9/29/2017. Signed by Judge Cynthia Bashant on 9/11/2017. (jah)
March 29, 2017	Filing 43 NOTICE of Appearance by Sara Heum on behalf of Charles Matthew Erhart (Attachments: #1 Proof of Service)(Heum, Sara)Attorney Sara Heum added to party Charles Matthew Erhart (pty:pla). (jah).
March 2, 2017	Filing 42 ORDER Granting Motion to Quash BofI's Subpoena to Testify at a Deposition. Signed by Magistrate Judge Nita L. Stormes on 3/2/2017. (fth)
February 15, 2017	Filing 41 ORDER: Counsel must contact chambers within three days of receiving an order on the motion to dismiss to reset the status conference. Signed by Magistrate Judge Nita L. Stormes on 2/15/2017.(no document attached) (ecp)
February 14, 2017	Filing 40 ORDER Granting in Part and Denying in Part Bofl Federal Bank's Motion for Summary Adjudication of Charles Matthew Erhart's Twelfth Through Twenty-Fourth Affirmative Defenses. Erhart's 14th, 15th, 21st and 22nd Affirmative Defenses fail as a matter of law. Court summarily adjudicates these defenses in Bofl's favor. Court strikes Erhart's 17th and 18th Affirmative Defenses from his Answer because these defenses are redundant of Erhart's other defenses. Court denies Bofl's request for summary adjudication of Erhart's 12th, 13th, 16th, 19th, 20th, 23rd, and 24th Affirmative Defenses. Signed by Judge Cynthia Bashant on 2/14/2017. (Motion filed as ECF No. 45 in 15cv2353-BAS(NLS)) (jah)
January 26, 2017	Filing 39 The court VACATES the status conference set for January 27, 2017. Counsel must contact chambers within three days of receiving an order on the motion for summary adjudication to reset a status conference. Signed by Magistrate Judge Nita L. Stormes on 1/26/2017.(no document attached) (ecp)
December 8, 2016	Filing 38 ORDER denying Bofl Federal Bank's #26 Motion to Clarify or Reconsideration of Order Denying Bofl's Amended Motion for Preliminary Injunction. Court orders the parties to appear on 1/30/2017 10:30 AM in Courtroom 4B before Judge Cynthia Bashant for oral argument. The parties should be prepared to discuss Bofl's motion for summary adjudication of Erhart's 12th through 24th affirmative defenses. Signed by Judge Cynthia Bashant on 12/8/2016. (Motion for Summary Adjudication filed as ECF. 45 in 15cv2353) (jah)
December 5, 2016	Filing 37 REPLY to Response to Motion re #35 MOTION to Dismiss First, Second, Fourth, Seventh, Eighth, and Ninth Claims in the First Amended Complaint MOTION to Strike Under FRCP 12(F) filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).
November 28, 2016	Filing 36 RESPONSE in Opposition re #35 MOTION to Dismiss First, Second, Fourth, Seventh, Eighth, and Ninth Claims in the First Amended Complaint MOTION to Strike Under FRCP 12(F) filed by Charles Matthew Erhart. (Attachments: #1 Certificate of Service)(Gillam, Carol). (jah).
October 31, 2016	Filing 35 MOTION to Dismiss First, Second, Fourth, Seventh, Eighth and Ninth Claims in the First Amended Complaint, MOTION to Strike Under FRCP 12(F) by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Andre Cronthall, #3 Exhibit A to Cronthall Declaration, #4 Proof of Service)(Towill, Polly). Added MOTION to Strike on 11/1/2016 (jah). Modified on 11/1/2016 - Multi part motion, one part not filed. QC Email sent. Added missing motion and corrected text (jah).
October 24, 2016	Filing 34 RESPONSE in Opposition re #26 MOTION to Clarify, or, Alternatively, Reconsideration of the Court's Order Denying BofI's Motion for Preliminary Injunction filed by Charles Matthew Erhart. (Gillam, Carol). (jah).
October 19, 2016	Filing 33 REPLY to Response to Motion re Motion to Quash Subpoena to Testify at a Deposition filed by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Proof of Service)(Gillam, Carol). Modified on 10/20/2016 - Wrong event. Should be filed case where motion is filed. QC Email sent. Corrected text (jah).
October 17, 2016	Filing 32 FIRST AMENDED COMPLAINT with Jury Demand against Bofi Holding Inc., filed by Charles Matthew Erhart. (Attachments: #1 Certificate of Service) (Gillam, Carol). Modified on 10/18/2016 - Added "First" to text (jah).
October 13, 2016	Filing 31 ORDER granting #28 Joint Motion to Vacate Scheduling Order. Court orders that all dates in the Scheduling Order #23 are vacated, including the 3/20/2017 Mandatory Settlement Conference, 7/31/2017 Final Pretrial Conference, and 9/26/2017 Jury Trial. Court orders all discovery on all claims in this consolidated action stayed. Telephonic, Attorneys Only Status Conference set for 1/27/2017 10:00 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 10/13/2016. (jah)
October 11, 2016	Filing 30 NOTICE of BofI Federal Bank's Opposition to Carol Gillam's Motion to Quash Subpoena to Testify at a Deposition (filed in 3:15-cv-2353 on September 19, 2016 (ECF No. 75)) by Bofi Holding Inc. (Attachments: #1 Declaration of Andre Cronthall, #2 Proof of Service)(Cronthall, Andre). (jah).
October 11, 2016	Filing 29 CERTIFICATE OF SERVICE by Bofi Holding Inc. re #28 Joint MOTION to Vacate #23 Scheduling Order (Towill, Polly). (jah).
October 7, 2016	Filing 28 Joint MOTION to Vacate #23 Scheduling Order by Bofi Holding Inc.. (Towill, Polly). Modified on 10/11/2016 - No Proof of Service. QC Email sent to file Proof of Service. Edited text (jah).
October 6, 2016	Filing 27 NOTICE of Appearance by Andre J. Cronthall on behalf of Bofi Holding Inc. (Attachments: #1 Proof of Service)(Cronthall, Andre). Attorney Andre J. Cronthall added to party Bofi Holding Inc.(pty:dft). (jah).
October 5, 2016	Filing 26 MOTION to Clarify or, Alternatively, Reconsideration of the Court's Order Denying BofI's Motion for Preliminary Injunction by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Andre J. Cronthall, #3 Exhibit A to Cronthall Declaration, #4 Proof of Service)(Towill, Polly). Modified on 10/6/2016 - Has s/ of atty not associated in case. QC Email sent for Atty Cronthall to file Notice of Appearance per L.R. 83.3 and G.O. 550. Edited text (jah).
October 5, 2016	Filing 25 ORDER: BofI must file an opposition to the motion to quash by October 11, 2016. Erhart may file a reply by October 18, 2016. The court will then take the matter under submission. Signed by Magistrate Judge Nita L. Stormes on 10/5/2016.(no document attached) (ecp)
October 3, 2016	Filing 24 ORDER Regarding Motion to Quash Bofl's Subpoena to Testify at Deposition by Carol Gillam. Court vacates the 10/24/2016 hearing date set for briefing purposes. Judge Stormes will issue a briefing schedule for the motion in due course. Signed by Judge Cynthia Bashant on 10/3/2016. (Motion filed in Consolidated Case, 15cv2353) (jah)
September 30, 2016	Filing 23 SCHEDULING ORDER: Mandatory Settlement Conference set for 3/20/2017 2:30 AM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 7/17/2017. Final Pretrial Conference set for 7/31/2017 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 9/26/2017 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 9/30/2016.(acc) (Main Document 23 replaced on 9/30/2016) (acc). Modified on 10/3/2016 (acc).
September 26, 2016	Filing 22 ORDER granting in part and denying in part Defendant Bofl Holding, Inc.'s #3 Motion to Dismiss and #3 Motion to Strike. Court grants Bofl's motion to dismiss Erhart's first and second claims and dismisses the claims with leave to amend. Court declines to exercise supplemental jurisdiction over Erhart's remaining claims and dismisses these claims without prejudice. Court denies Bofl's motion to strike. If Erhart chooses to file a First Amended Complaint, he must do so by 10/17/2016. Court orders the consolidation of Bofl's Countersuit, 15cv2353-BAS(NLS) with this whistleblower retaliation action. This action is designated as the lead case, and all further filings shall be in this action. Clerk shall file a copy of this Order in Bofl's Countersuit. Signed by Judge Cynthia Bashant on 9/26/2016. (jah)
September 21, 2016	Filing 20 ORDER denying defendant BofI Holding, Inc.'s #12 Motion for Imposition of Sanctions for Spoliation of Evidence Against Plaintiff Charles Matthew Erhart. The Court grants BofI's #15 Motion to Seal. The Court orders the Clerk of Court to accept and file under seal the requested documents (ECF No. #16 ). Signed by Judge Cynthia Bashant on 9/21/16. (kas)
March 14, 2016	Filing 19 REPLY to Response to Motion re #12 MOTION for Sanctions for Spoliation of Evidence filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill support of BofI's Reply to Motion for Spoliation Sanctions, #2 Exhibit A to Towill Declaration, #3 Request for Judicial Notice in support of BofI's Reply to Motion for Spoliation Sanctions, #4 Exhibit B to Request for Judicial Notice, #5 Objections to Erhart's Evidence In Support of Opposition to BofI's Motion for Spoliation Sanctions, #6 Proof of Service)(Towill, Polly) (kcm).
March 7, 2016	Filing 18 RESPONSE in Opposition re #12 MOTION for Sanctions for Spoliation of Evidence filed by Charles Matthew Erhart. (Attachments: #1 Request for Judicial Notice, #2 Appendix, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proof of Service)(Gillam, Carol). (jah).
February 25, 2016	Filing 17 NOTICE of Errata by Bofi Holding Inc. re #12 MOTION for Sanctions for Spoliation of Evidence (Attachments: #1 Exhibit A, #2 Proof of Service)(Towill, Polly). Modified on 2/26/2016 - No provision for acceptance of Errata. QC Email sent. Edited text (jah).
February 19, 2016	Filing 16 *FILED AS SEALED DOCUMENT ON 9/22/2016*SEALED LODGED Proposed Document re: #15 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly). (jah). (Main Document 16 replaced on 9/22/2016) (kcm).
February 19, 2016	Filing 15 MOTION to File Documents Under Seal (With attachments)(Towill, Polly). (jah).
February 19, 2016	Filing 14 AMENDED DOCUMENT: Amended Appendix of Exhibits by Bofi Holding Inc.. Amendment to #12 MOTION for Sanctions for Spoliation of Evidence. (Attachments: #1 Proof of Service)(Towill, Polly). Modified on 2/22/2016 - Edited text (jah).
February 19, 2016	Filing 13 DECLARATION of Matthew D. Armstrong re #12 MOTION for Sanctions for Spoliation of Evidence by Defendant Bofi Holding Inc.. (Attachments: #1 Exhibit A, #2 Proof of Service)(Towill, Polly). Modified on 2/22/2016 - Edited text (jah).
February 19, 2016	Filing 12 MOTION for Sanctions for Spoliation of Evidence by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Exhibit G to Towill Decl., #4 Exhibit H to Towill Decl., #5 Declaration of John C. Tolla, #6 Request for Judicial Notice, #7 Exhibit I to RJN, #8 Exhibit J to RJN, #9 Exhibit K to RJN, #10 Exhibit L to RJN, #11 Exhibit M to RJN, #12 Appendix of Exhibits, #13 Proof of Service)(Towill, Polly). (jah).
February 10, 2016	Filing 11 NOTICE of Party With Financial Interest by Bofi Holding Inc. (Attachments: #1 Proof of Service)(Towill, Polly). Modified on 2/11/2016 - Edited text (jah).
January 12, 2016	Filing 10 REPLY to Response to Motion re #3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth, and Ninth Causes of Action MOTION to Strike filed by Bofi Holding Inc.. (Towill, Polly). (jah).
January 7, 2016	Filing 9 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #6 Response in Opposition to Motion, (Gillam, Carol) (dlg).
January 6, 2016	Filing 8 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #4 Notice of Change of Address (Gillam, Carol) (dlg).
January 6, 2016	Filing 7 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #6 Response in Opposition to Motion, (Gillam, Carol). Modified on 1/6/2016 - Has s/ of staff. Docket text has double wording. QC Email sent re double wording and to file Corrected Proof of Service. Removed duplicate text (jah).
January 5, 2016	Filing 6 RESPONSE in Opposition re #3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth, and Ninth Causes of Action MOTION to Strike filed by Charles Matthew Erhart. (Gillam, Carol). Modified on 1/6/2016 - No Proof of Service. Double wording added in all caps. QC Email sent re double wording, caps, and to file Proof of Service. Removed duplicate text (jah).
January 4, 2016	Filing 5 NOTICE of Withdrawal of One of Several Arguments in Support re #3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth, and Ninth Causes of Action, MOTION to Strike filed by Bofi Holding Inc.. (Towill, Polly). Modified on 1/5/2016 - Wrong event. QC Email sent. Corrected text to match pleading (jah).
December 21, 2015	Filing 4 NOTICE of Change of Address by Carol Gillam (Gillam, Carol). Modified on 12/22/2015 - No Proof of Service. QC Email sent to file Proof of Service (jah).
December 15, 2015	Filing 3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth and Ninth Causes of Action, MOTION to Strike by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A, #4 Proof of Service)(Towill, Polly). Attorney Polly Towill added to party Bofi Holding Inc. (pty:dft). Modified on 12/16/2015 - Corrected motion event and text (jah).
October 14, 2015	Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (acc)
October 13, 2015	Filing 1 COMPLAINT with Jury Demand against Bofi Holding Inc. ( Filing fee $ 400 receipt number 0974-8487860.), filed by Charles Matthew Erhart. (Attachments: #1 Cover Sheet)The new case number is 3:15-cv-2287-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case. (Gillam, Carol)(acc)

August 29, 2022

Filing 375 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 4 held on 8/26/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/19/2022. Redacted Transcript Deadline set for 9/29/2022. Release of Transcript Restriction set for 11/28/2022. (smy1)

August 26, 2022

Filing 374 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - DAY 3 held on 8/25/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/16/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/25/2022. (smy1)

August 26, 2022

Filing 373 Joint Exhibit List for Jury Trial Phase Two(sxm)

August 26, 2022

Filing 372 Jury Instructions for Jury Trial Phase Two (sxm)

August 26, 2022

Filing 371 Witness List for Jury Trial Phase Two(sxm)

August 26, 2022

Filing 370 JURY VERDICT: No malice oppression, or fraud when BofI wrongfully discharged Mr. Erhart and No malice, oppression, or fraud when BofI defamed Mr. Erhart(sxm)

August 26, 2022

Filing 369 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial completed on 8/26/2022. Day of Trial Four (4). 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury retired to deliberate at 12:57 PM. Jury returned at 4:27 PM. Verdict: No malice, oppression, or fraud when BofI wrongfully discharged Mr. Erhart and no malice, oppression, or fraud when BofI defamed Mr. Erhart. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)

August 25, 2022

Filing 368 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/22/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Frank Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)

August 25, 2022

Filing 367 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/23/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)

August 25, 2022

Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/24/2022, before Judge Cynthia A. Bashant. Court Reporter/Transcriber Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)

August 25, 2022

Filing 365 SUPPLEMENTAL BRIEFING by Defendant Bofi Holding Inc. Requesting Instruction Concerning Erhart's Termination. (Katz, Martin) (jmo).

August 25, 2022

Filing 364 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 8/25/2022. Day of Trial Three (3). 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Four (4), continued to 8/26/2022 08:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)

August 24, 2022

Filing 363 SUPPLEMENTAL DOCUMENT by Charles Matthew Erhart Erhart's Proposed Verdict Form. (Gillam, Carol) (jmo).

August 24, 2022

Filing 362 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 8/24/2022. Day of Trial Two (2). 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Three (3), continued to 8/25/2022 08:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)

August 23, 2022

Filing 361 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. Submission of Proposed Verdict Form. (Attachments: #1 Supplement Proposed Verdict Form)(Katz, Martin) (jmo).

August 23, 2022

Filing 360 TRANSCRIPT ORDER - For hearing(s) on 8.22.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).

August 23, 2022

Filing 359 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 8/23/2022. Day of Trial One. Jury impaneled. Swore witnesses. Exhibits marked/received. Jury Trial, Day Two (2), continued to 8/24/2022 08:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm)

August 22, 2022

Filing 358 Minute Order for proceedings held before Judge Cynthia Bashant: Status Hearing held on 8/22/2022. Granting in part and denying in part #342 Motion In Limine Number 1, denying #343 Motion In Limine Number 2, denying #344 Motion In Limine Number 3, denying #345 Motion In Limine Number 4, denying #350 Ex Parte MOTION Modify Pretrial Order re #209 Pretrial Order filed by Bofi Holding Inc. (Court Reporter/ECR Frank Rangus). (Plaintiff Attorney Carol Gillam and Sara Huem).(Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

August 18, 2022

Filing 357 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart re #347 Trial Brief re Jury Instructions, Verdict Forms, and Bifurcation. (Gillam, Carol) (jmo).

August 17, 2022

Filing 356 RESPONSE in Opposition re #343 In Limine MOTION Number 2 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).

August 17, 2022

Filing 355 RESPONSE in Opposition re #345 In Limine MOTION Number 4 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).

August 17, 2022

Filing 354 RESPONSE in Opposition re #344 In Limine MOTION Number 3 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).

August 17, 2022

Filing 353 SUPPLEMENTAL BRIEFING by Defendant Bofi Holding Inc. . (Katz, Martin) (jmo).

August 17, 2022

Filing 352 RESPONSE in Opposition re #342 In Limine MOTION Number 1 filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).

August 17, 2022

Filing 351 RESPONSE in Opposition re #350 Ex Parte MOTION Modify Pretrial Order re #209 Pretrial Order,, filed by Charles Matthew Erhart. (Gillam, Carol) (jmo).

August 15, 2022

Filing 350 Ex Parte MOTION Modify Pretrial Order re #209 Pretrial Order,, by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Ex Parte Application to Modify Pretrial Order, #2 Declaration of Heather Plocky In Support of Ex Parte Application)(Plocky, Heather) (jmo).

August 15, 2022

Filing 349 NOTICE OF HEARING: Status Hearing regarding Motions in Limine and Jury Trial issues set for 8/22/2022 03:00 PM in Courtroom 4B before Judge Cynthia Bashant. (no document attached) (sxm)

August 12, 2022

Filing 348 SUPPLEMENTAL DOCUMENT by Charles Matthew Erhart Plaintiff Erhart's Proposed Verdict Forms. (Heum, Sara)(jmo).

August 12, 2022

Filing 347 TRIAL BRIEF re Verdict Forms and Bifurcation by Bofi Holding Inc.. (Katz, Martin) (jmo).

August 12, 2022

Filing 346 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. BofI's Proposed Verdict Forms. (Katz, Martin) (jmo).

August 12, 2022

Filing 345 In Limine MOTION Number 4 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).

August 12, 2022

Filing 344 In Limine MOTION Number 3 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).

August 12, 2022

Filing 343 In Limine MOTION Number 2 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).

August 12, 2022

Filing 342 In Limine MOTION Number 1 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Katz, Martin) (jmo).

August 12, 2022

Filing 341 NOTICE OF WITHDRAWAL OF DOCUMENT by Charles Matthew Erhart re #339 Agreement for Jury Verdict filed by Charles Matthew Erhart . (Heum, Sara) (jmo).

August 12, 2022

Filing 340 Witness List by Bofi Holding Inc.. (Towill, Polly) (jmo).

August 12, 2022

Filing 339 **DOCUMENT WITHDRAWN BY FILER PER ECF #341 ** AGREEMENT FOR VERDICT by Jury of Less than Six Members by Charles Matthew Erhart.. (Heum, Sara) Modified on 8/15/2022 (jmo).

August 12, 2022

Filing 338 Exhibit List by Charles Matthew Erhart.. (Gillam, Carol) (jmo).

August 12, 2022

Filing 337 Exhibit List by Bofi Holding Inc... (Attachments: #1 Exhibit A Exhibit List)(Towill, Polly) (jmo).

August 12, 2022

Filing 336 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. Proposed Statement of the Case. (Katz, Martin) (jmo).

August 12, 2022

Filing 335 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Katz, Martin) (jmo).

August 12, 2022

Filing 334 Witness List by Charles Matthew Erhart. (Gillam, Carol) (jmo).

August 8, 2022

Filing 333 Order Determining Scope of Retrial. Signed by Judge Cynthia Bashant on 8/8/22.(jmo)

July 25, 2022

Filing 332 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Katz, Martin) (anh).

July 22, 2022

Filing 331 RESPONSE re #328 Pretrial Memorandum filed by Charles Matthew Erhart. (Attachments: #1 Exhibit Verdict Forms, #2 Exhibit Transcripts)(Gillam, Carol) (anh).

July 8, 2022

Filing 330 TRANSCRIPT ORDER - For hearing(s) on 7.8.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).

July 8, 2022

Filing 329 Minute Entry for proceedings held before Judge Cynthia Bashant: Pretrial Conference held on 7/8/2022. Any responses to #328 Pretrial Memorandum due by 7/22/2022. Joint statement of the case, witness and exhibit lists, and joint proposed jury instructions due by 8/12/2022 by 5:00 pm. Jury Trial confirmed for 8/23/2022 at 9:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Sara Heum). (Defendant Attorney Martin Katz / Heather Plocky / Plly Towill). (no document attached) (lrf)

July 5, 2022

Filing 328 PRETRIAL MEMORANDUM by Bofi Holding Inc.. (Katz, Martin) (jmo).

July 5, 2022

Filing 327 Minute Order: The case did not settle. Signed by Magistrate Judge Nita L. Stormes on 7/5/2022.(tww)

June 30, 2022

Filing 326 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Mandatory Settlement Conference held on 6/30/2022. Court made a settlement recommendation. Parties are to advise the Court by July 5, 2022 at 5pm on whether they accept the recommendation. (Plaintiff Attorneys Carol Gillam; Sara Heum). (Defendant Attorneys Polly Towill; Heather Plocky). (no document attached) (tww)

June 15, 2022

Filing 325 Order Terminating Motion to Seal (ECF No. #275 ). Signed by Judge Cynthia Bashant on 6/14/22. (jmo)

June 13, 2022

Filing 324 Order Mandatory Settlement Conference. Mandatory Settlement Conference set for 6/30/2022 at 10:00 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 6/13/22.(jmo)

May 23, 2022

Filing 323 Order Granting Joint Motion to Continue Phase Two Trial (ECF No. #322 ). Jury Trial set for 8/9/22 continued to 8/23/2022 at 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 5/23/22. (jmo)

May 20, 2022

Filing 322 Joint MOTION to Continue the Phase Two Trial by Bofi Holding Inc.. (Towill, Polly) (jmo).

May 19, 2022

Filing 321 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 15) held on 5/19/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/9/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/17/2022. (akr)

May 19, 2022

Filing 320 COURT EXHIBIT LIST for Jury Trial (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(sxm)

May 19, 2022

Filing 319 Final Jury Instructions (sxm)

May 19, 2022

Filing 318 Joint Exhibit List for Jury Trial (sxm)

May 19, 2022

Filing 317 Witness List for Jury Trial (sxm)

May 19, 2022

Filing 316 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial completed on 5/19/2022. Day of Trial Fifteen (15). 10 Trial Jurors Present. Exhibits marked/received. Jury retired to deliberate at 9:40 AM. Jury unable to reach a unanimous verdict as to punitive damages. Mistrial declared as to punitive damages. Pretrial Conference set for 7/8/2022 02:00 PM in Courtroom 4B before Judge Cynthia Bashant. Jury Trial, punitive damages only, set for 8/9/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. Ten (10) hours each side and four (4) days of trial. Parties must contact Judge Stormes within 48 hours to schedule a settlement conference.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 18, 2022

Filing 315 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 14) held on 5/18/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/8/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/16/2022. (akr)

May 18, 2022

Filing 314 JURY VERDICT: Count One: Yes BofI violated SOX; Count Two: Yes BofI violated Labor Code 1102.5; Count Three: Yes BofI wrongfully terminated Mr. Erhart in violation of public policy, yes as to emotion distress or harm to Mr. Erhart's reputation as a result of the unfavorable personnel action, damages $1,000,000; Count Four: Yes BofI made defamatory statements about Mr. Erhart, damages $500,000, BofI acted with malice, oppression or fraud. Counter Claims: Count One: No to breach of a contract Mr. Erhart had with the Bank; Count Two: No non-public confidential customer or employee information belonging to BofI converted; Count Three: No breach of duty of undivided loyalty owed to BofI; Count Four: no negligent handling of nonpublic confidential customer or employee information; Count Five: No violation of Penal Code 502; Count Six: no violation of computer fraud and abuse act; Damages for Counter-Claims 0.(sxm)

May 18, 2022

Filing 313 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/18/2022. Day of Trial Fourteen (14). 10 Trial Jurors Present. Jury returned at 3:15 PM. Verdict: Count One: Yes BofI violated SOX; Count Two: Yes BofI violated Labor Code 1102.5; Count Three: Yes BofI wrongfully terminated him in violation of public policy, yes as to emotion distress or harm to his reputation as a result of the unfavorable personnel action, damages $1,000,000; Count Four: Yes BofI made defamatory statements about him, damages $500,000, BofI acted with malice, oppression or fraud. Counter Claims: Count One: No to breach of a contract Mr. Erhart had with the Bank; Count Two: No non-public confidential customer or employee information belonging to BofI converted; Count Three: No breach of duty of undivided loyalty owed to BofI; Count Four: no negligent handling of nonpublic confidential customer or employee information; Count Five: No violation of Penal Code 502; Count Six: no violation of computer fraud and abuse act; Damages for Counter-Claims 0. Jury polled. Jury Trial, Day Fifteen (15) (punitive damages phase) continued to 5/19/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 17, 2022

Filing 312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 13) held on 5/17/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/7/2022. Redacted Transcript Deadline set for 6/17/2022. Release of Transcript Restriction set for 8/15/2022. (akr)

May 17, 2022

Filing 311 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/17/2022. Day of Trial Thirteen (13). Juror #3 not present and dismissed. 10 Trial Jurors Present. Jury retired to deliberate at 2:10 PM. Jury Trial, Day Fourteen (14)(deliberations), continued to 5/18/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 16, 2022

Filing 310 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 12) held on 5/13/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/15/2022. (akr)

May 13, 2022

Filing 309 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/13/2022. Day of Trial Twelve (12). 11 Trial Jurors Present. Jury Trial, Day Thirteen (13), continued to 5/17/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 13, 2022

Filing 308 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 11) held on 5/12/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/3/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/11/2022. (akr)

May 12, 2022

Filing 307 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart . (Heum, Sara) (jmo).

May 12, 2022

Filing 306 PROPOSED FINAL JURY INSTRUCTIONS. Included with this Order are Proposed Final Jury Instructions. Signed by Judge Cynthia Bashant on 5/12/2022. (BAS)

May 12, 2022

Filing 305 PROPOSED JURY VERDICT FORM. The Court includes a Proposed Final Jury Verdict Form attached to this Order. Signed by Judge Cynthia Bashant on 5/12/22. (BAS)

May 12, 2022

Filing 304 Minute Entry for proceedings held before Judge Cynthia Bashant: Hearing Out of Jury Presence held on 5/12/2022. Day of Trial Eleven. 0 Trial Jurors Present. Jury instruction and Verdict form conference. Jury Trial, Day Twelve (12), continued to 5/13/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm) Modified on 5/19/2022 (sxm).

May 12, 2022

Filing 303 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 10) held on 5/11/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (akr)

May 11, 2022

Filing 302 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/11/2022. Day of Trial Ten. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Eleven (11) - Counsel only jury instruction conference, continued to 5/12/2022 10:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 11, 2022

Filing 301 Order Regarding Jury Fees. Signed by Judge Cynthia Bashant on 5/11/22.(jmo)

May 11, 2022

Filing 300 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 9) held on 5/10/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/1/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/9/2022. (akr)

May 10, 2022

Filing 299 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/10/2022. Day of Trial Nine. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Ten (10), set for 5/11/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 9, 2022

Filing 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 8) held on 5/6/2022 before Judge Cynthia Bashant. Court Reporters/Transcribers: Anne Roldan and Amanda LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporters/Transcribers before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporters/Transcribers. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporters/Transcribers 5/31/2022. Redacted Transcript Deadline set for 6/9/2022. Release of Transcript Restriction set for 8/8/2022. (akr)

May 6, 2022

Filing 297 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/6/2022. Day of Trial Eight. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Defense motion for a mistrial denied. Defense motion for Rule 50 denied in part and reserved in part. Jury Trial, Day Nine (9), continued to 5/10/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Anne Roldan, Amanda LeGore). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 6, 2022

Filing 296 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 7) held on 5/5/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/27/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/4/2022. (akr)

May 5, 2022

Filing 295 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/5/2022. Day of Trial Seven (7). 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Eight (8), continued to 5/6/2022 09:30 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 4, 2022

Filing 294 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 6) held on 5/4/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/25/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/2/2022. (akr)

May 4, 2022

Filing 293 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/4/2022. Day of Trial Six (6). 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Seven (7), continued to 5/5/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 3, 2022

Filing 292 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 5) held on 5/3/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022. (akr)

May 3, 2022

Filing 291 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 5/3/2022. Day of Trial Five (5). 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Defense request for a mistrial denied. Jury Trial, Day Six (6), continued to 5/4/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

May 2, 2022

Filing 290 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 4) held on 4/29/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (akr)

May 2, 2022

Filing 289 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 1) held on 4/26/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (akr)

April 29, 2022

Filing 288 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/29/2022. Day of Trial four. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Five (5), continued to 5/3/2022 09:00 AM (8:45 AM for counsel) in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm)

April 28, 2022

Filing 287 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/28/2022. Day of Trial Three. 11 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial, Day Four (4), continued to 4/29/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, Heather Plocky and David Berger). (no document attached) (sxm) Modified on 5/3/2022 (sxm). Modified on 5/3/2022 (sxm).

April 28, 2022

Filing 286 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 3) held on 4/28/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (akr)

April 28, 2022

Filing 285 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Volume 2) held on 4/27/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (akr)

April 27, 2022

Filing 284 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/27/2022. Day of Trial Two. 11 Trial Jurors Present. Exhibits marked/received. Jury Trial, Day Three (3), continued to 4/28/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Huem). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm) Modified on 4/28/2022 (sxm).

April 26, 2022

Filing 283 Minute Entry for proceedings held before Judge Cynthia Bashant: Jury Trial held on 4/26/2022. Day of Trial One. Jury impaneled. Swore witnesses. Exhibits marked/received. Jury Trial, Day Two, continued to 4/27/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gilliam and Sara Heum). (Defendant Attorney Martin Katz, Polly Towill, and David Berger). (no document attached) (sxm) Modified on 4/28/2022 (sxm).

April 20, 2022

Filing 282 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 4/19/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/11/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/19/2022. (akr)

April 19, 2022

Filing 281 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 4/19/2022. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam (via Zoom) and Sara Heum). (Defendant Attorney Martin Katz and Polly Towill). (no document attached) (sxm)

April 18, 2022

Filing 280 *Revised*PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Towill, Polly) Modified on 4/19/2022 to correct text (jmo).

April 15, 2022

Filing 279 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Attachments: #1 Exhibit A Verdict Forms, #2 Exhibit B Jury Instructions)(Towill, Polly) (jmo).

April 15, 2022

Filing 278 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. for April 19, 2022 Status Conference. (Attachments: #1 Exhibit A, #2 Exhibit B)(Towill, Polly) (jmo).

April 15, 2022

Filing 277 SEALED LODGED Proposed Document re: #275 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gillam, Carol) (fth).

April 15, 2022

Filing 276 NOTICE of Lodgment by Charles Matthew Erhart of Documents Under Seal Re Supplemental Brief (Gillam, Carol) (jmo).

April 15, 2022

Filing 275 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (fth).

April 15, 2022

Filing 274 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart Re Jury Instructions and Verdict Form. (Attachments: #1 Declaration of Carol Gillam, #2 Exhibit)(Gillam, Carol) (jmo).

April 5, 2022

Filing 273 ORDER Approving Withdrawal Of Counsel [ECF No. #272 ]. Signed by Judge Cynthia Bashant on 4/5/2022. (ddf)

April 4, 2022

Filing 272 MOTION to Withdraw as Attorney Mika Hilaire by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Mika Hilaire in Support of Motion to Withdraw as Counsel)(Hilaire, Mika) (ddf).

March 31, 2022

Filing 271 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 3/25/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/21/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/29/2022. (akr)

March 29, 2022

Filing 270 SUPPLEMENTAL DOCUMENT by Bofi Holding Inc. of Previously Lodged Verdict Forms. (Attachments: #1 Exhibit 1: January 31, 2022 Verdict Form Submission)(Towill, Polly) (jmo).

March 28, 2022

Filing 269 TRANSCRIPT ORDER - For hearing(s) on 3.25.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).

March 25, 2022

Filing 268 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 3/25/2022. Status Conference set for 4/21/2022 at 9:30 is reset for 4/19/2022 02:00 PM in Courtroom 4B before Judge Cynthia Bashant. Revised verdict form, jury instructions and designations due by 5:00 PM 4/15/2022.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)

March 12, 2022

Filing 267 PROPOSED JURY INSTRUCTIONS by Bofi Holding Inc.. (Attachments: #1 Exhibit A Joint Jury Instructions)(Towill, Polly) (jmo).

March 9, 2022

Filing 266 Order Striking Documents. The parties are ORDERED to meet and confer and submit revised, joint instructions no later than 3/11/22. Signed by Judge Cynthia Bashant on 3/9/22.(jmo) (Additional attachment(s) added on 3/9/2022: #1 Stricken document 263, #2 Sticken document 265) (jmo).

March 9, 2022

Filing 265 Document is stricken from the record per court order dated 3/9/22 #266 (jmo). (Main Document 265 replaced on 3/9/2022) (jmo).

March 8, 2022

Filing 264 SUPPLEMENTAL BRIEFING by Plaintiff Charles Matthew Erhart Re Whistleblower Affirmative Defense and CFAA. (Gillam, Carol) (jmo).

March 8, 2022

Filing 263 Document is stricken from the record per court order dated 3/9/22 #266 (Main Document 263 replaced on 3/9/2022) (jmo).

March 8, 2022

Filing 262 NOTICE of BofI Federal Bank's Revised Verdict Forms and Submission re Outstanding Legal Issues for March 25, 2022 Status Conference by Bofi Holding Inc. (Attachments: #1 Exhibit A to Verdict Forms Submission)(Plocky, Heather) (jmo).

February 28, 2022

Filing 261 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 2/22/2022 before Judge Cynthia A. Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/21/2022. Redacted Transcript Deadline set for 3/31/2022. Release of Transcript Restriction set for 5/31/2022. (akr)

February 23, 2022

Filing 260 TRANSCRIPT ORDER - For hearing(s) on 2.22.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).

February 22, 2022

Filing 259 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 2/22/2022. Revised jury instructions, verdict form and briefing to be provided by 3/8/2022. Status Conference previously set for 3/25 at 9:30 AM confirmed. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Mika Hilaire, Carol Gillam, Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)

February 16, 2022

Filing 258 ORDER CHANGING TIME OF STATUS CONFERENCE. In light of a change in the Courts criminal trial calendar, the Court changes the time of the Status Conference Re: Proposed Verdict Form to 2:00 p.m. on Tuesday, February 22, 2022. Signed by Judge Cynthia Bashant on 2/16/2022. (fth)

February 2, 2022

Filing 257 Order Setting Dates. Status Conference Re: Proposed Verdict Form set for 2/22/2022 at 04:00 PM before Judge Cynthia Bashant. Status Conference Re: Jury Instructions set for 3/25/2022 at 09:30 AM before Judge Cynthia Bashant. Status Conference Re: Objections to Deposition Designations set for 4/21/2022 at 09:30 AM before Judge Cynthia Bashant. At least one attorney per side with authority to argue on the client's behalf must appear in person at these status conferences. Signed by Judge Cynthia Bashant on 2/2/22.(jmo)

January 27, 2022

Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference, redacted) held on 1/18/2022 before Judge Cynthia Bashant. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/17/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/27/2022. (akr)

January 27, 2022

Filing 255 ORDER granting #253 Motion to Redact Transcript. Signed by Judge Cynthia Bashant on 1/27/2022. (akr)

January 26, 2022

Filing 254 STATUS REPORT Regarding Scheduling Status Conferences by Bofi Holding Inc.. (Plocky, Heather) (jmo).

January 25, 2022

Filing 253 MOTION to Redact and NOTICE of Intent to Request Redaction by Heather Lynn Plocky re 252 Transcript. (Plocky, Heather). (Modified event type on 1/25/2022 and edited docket text.) (akr).

January 20, 2022

Filing 250 Order Conditionally Granting BOFI Holding, Inc.'s Unopposed Ex Parte Application to Seal and Continue (ECF No. #249 ). Provided the parties file this joint status report no later than 1/28/22, trial will be continued from 2/1/22 to 4/26/22 at 9:00 AM. Signed by Judge Cynthia Bashant on 1/20/22. (time re: trial per Chambers) (jmo)

January 20, 2022

Filing 249 BofI Federal Bank's Redacted Ex Parte Application to File Under Seal and Request for a Continuance. (With attachments - Redacted Declaration of Polly Towill in Support)(jmo). Added MOTION to Continue on 1/20/2022 (jmo).

January 18, 2022

Filing 248 TRANSCRIPT ORDER - For hearing(s) on 1.18.2022 by Bofi Holding Inc.. (Towill, Polly) (jmo).

January 18, 2022

Filing 247 Minute Entry for proceedings held before Judge Cynthia Bashant: Status Conference held on 1/18/2022. Jury Trial set for 2/1/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant confirmed. Time limit for trial will be 15 hours per side. The proposed verdict form is due by 8:30 a.m. on February 1, 2022.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)

January 17, 2022

Filing 246 ORDER GRANTING IN PART #222 In Limine MOTION to Exclude Evidence Regarding Counsel's Distribution of Complaint filed by Charles Matthew Erhart. Signed by Judge Cynthia Bashant on 1/14/2022. (BAS)

January 14, 2022

Filing 245 NOTICE of Appearance of Counsel by Mika Marie Hilaire on behalf of Charles Matthew Erhart (Hilaire, Mika)Attorney Mika Marie Hilaire added to party Charles Matthew Erhart(pty:pla) (jmo).

January 13, 2022

Filing 244 Order Granting in Part Motion in Limine No. 5 to Exclude Evidence of Any Damages That Require Computation (ECF No. #221 ). Signed by Judge Cynthia Bashant on 1/13/22. (jmo)

January 13, 2022

Filing 243 Order Denying Ex Parte Application to Continue Status Hearing & Trial Date (ECF No. #242 ). Signed by Judge Cynthia Bashant on 1/13/22. (jmo)

January 12, 2022

Filing 242 Ex Parte MOTION to Continue Status Conference and Trial Date by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Carol Gillam)(Gillam, Carol) (jmo).

January 12, 2022

Filing 241 Order Denying BOFI's Motion in Limine No. 4 to Exclude Evidence of Conduct and Statements that are not Actionable (ECF No. #220 ). Signed by Judge Cynthia Bashant on 1/12/22. (jmo)

January 11, 2022

Filing 240 Order Granting in Part BOFI's Motion in Limine No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing that the Court has Already Rejected (ECF No. #218 ). Signed by Judge Cynthia Bashant on 1/11/22. (jmo)

January 10, 2022

Filing 239 Order Granting in Part BOFI's Motion in Limine No. 2 to Exclude Inflammatory Evidence that is Untethered to Erhart's Claims (ECF Nos. #215 , #232 ). Signed by Judge Cynthia Bashant on 1/10/22. (jmo)

January 7, 2022

Filing 238 ORDER Granting In Part Bofis Motion In Limine No. 1 To Exclude Incomplete Documents And Related Testimony (ECF No. #213 ). Signed by Judge Cynthia Bashant on 1/7/2022. (ddf)

August 19, 2021

Filing 237 Order Denying Ex Parte Application to Remove Document from the Public Docket and File it Under Seal (ECF No. #236 ). Signed by Judge Cynthia Bashant on 8/18/21. (jmo)

August 16, 2021

Filing 236 Ex Parte MOTION for Order Removing One Public Filing and Permitting BofI Federal Bank to File Limited Information Under Seal by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities BofI Federal Bank's Memorandum of Points and Authorities in Support of Ex Parte Application for an Order Removing One Public Filing and Permitting BofI Federal Bank to File Limited Information Under Seal, #2 Declaration Declaration of Polly Towill in Support of BofI Federal Bank's Ex Parte Application for an Order Removing One Public Filing and Permitting BofI Federal Bank to File Limited Information Under Seal)(Towill, Polly) Modified on 8/17/2021 to correct event (jmo).

August 16, 2021

Filing 235 Order re: Ex Parte Application. The Court will not consider the application unless it is filed. Signed by Judge Cynthia Bashant on 8/16/21.(jmo)

August 10, 2021

Filing 234 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/20/2021 before Judge Cynthia Bashant. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. (akr)

August 9, 2021

Filing 233 DECLARATION re #225 Response in Opposition to Motion, in Limine Nos. 1-5 by Defendant Bofi Holding Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H)(Towill, Polly) (jmo).

August 9, 2021

Filing 232 In Limine MOTION to Exclude Inflammatory Evidence That is Untethered to Erhart's Claims by Bofi Holding Inc.. (Attachments: #1 Declaration of Martin D. Katz iso BofI's MIL No. 2 to Exclude Inflammatory Evidence that is Untethered to Erhart's Claims, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Towill, Polly) (jmo).

August 9, 2021

Filing 231 DECLARATION re #213 In Limine MOTION to Exclude Incomplete Documents and Related Testimony by Defendant Bofi Holding Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P)(Towill, Polly)(jmo).

July 20, 2021

Filing 230 Minute Order for proceedings held before Judge Cynthia Bashant: Motion In Limine Hearing held on 7/20/2021. Denying #214 Motion to File Documents Under Seal; Denying #216 Motion to File Documents Under Seal; and denying #226 Motion to File Documents Under Seal. Defendant to file seal lodged documents publicly on the docket by 7/30/2021. Granting in part and denying in part #222 Motion In Limine. #222 Motion In Limine Number 1 granted, Motion in Limine Number 2 denied, Motion in Limine Number 3 denied, Motion in Limine number 4 denied, Motion in Limine number 5 taken under submission. All of Defendant's Motions in Limine taken under submission. Court to issue order. Status Conference for pretrial issues, proposed verdict forms, jury instructions, exhibits, proposed voir dire, etc. set for 1/18/2022 01:30 PM in Courtroom 4B before Judge Cynthia Bashant. Jury Trial set for 2/1/2022 09:00 AM in Courtroom 4B before Judge Cynthia Bashant. (Court Reporter/ECR James Pence). (Plaintiff Attorney Carol Gillam).(Defendant Attorney Martin Katz and Polly Towill). (no document attached) (sxm)

July 15, 2021

Filing 229 ORDER denying #228 Ex Parte Application to Continue Motion in Limine Hearing Without Prejudice. Signed by Judge Cynthia Bashant on 7/15/2021 (Chambers).

July 15, 2021

Filing 228 Ex Parte MOTION to Continue Motion in Limine Hearing Date by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Carol Gillam)(Gillam, Carol) (jmo).

July 13, 2021

Filing 227 SEALED LODGED Proposed Document re: #226 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (jmo).

July 13, 2021

Filing 226 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (jmo).

July 13, 2021

Filing 225 RESPONSE in Opposition re #222 In Limine MOTION to Exclude Evidence and Defenses (Motions in Limine Nos. 1-5) filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill in Support Thereof, #2 Exhibit A, #3 Exhibit E, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L)(Towill, Polly) (jmo).

July 13, 2021

Filing 224 NOTICE of Lodgment by Bofi Holding Inc. of Objections to Deposition Designations and Counter-Designations, C. Erharts Designations: Jonathan Ball, Vols. 1-3, Cynthia Brickey, Reymundo Castrejon, Daniel Crescitelli, (Non-Confidential), Daniel Crescitelli (Confidential), Jan Durrans, Gregory Garrabrants, Sabrina Grenet, Angela Lopez, Michael Sisk, John Tolla (Non-Confidential), John Tolla (Confidential), John Tolla, as BofIs 30(b)(6) witness and BofIs Designations: Daniel Crescitelli (Non-Confidential), Sabrina Grenet (Towill, Polly) (jmo).

July 13, 2021

Filing 223 RESPONSE in Opposition re #221 In Limine MOTION to Exclude (MIL No. 5) To Exclude Evidence Of Any Damages That Require Computation, #218 In Limine MOTION to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected, #215 In Limine MOTION to Exclude (MIL No. 2) To Exclude Inflammatory Evidence That Is Untethered To Erharts Claims, #213 In Limine MOTION to Exclude Incomplete Documents and Related Testimony, #220 In Limine MOTION to Exclude (MIL No. 4) To Exclude Evidence Of Conduct And Statements That Are Not Actionable filed by Charles Matthew Erhart. (Attachments: #1 Declaration of Carol Gillam)(Gillam, Carol) (jmo).

July 6, 2021

Filing 222 In Limine MOTION to Exclude Evidence and Defenses (Motions in Limine Nos. 1-5) by Charles Matthew Erhart. (Attachments: #1 Declaration of Carol Gillam)(Gillam, Carol) (jmo).

July 6, 2021

Filing 221 In Limine MOTION to Exclude (MIL No. 5) To Exclude Evidence Of Any Damages That Require Computation by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Martin D. Katz in Support Thereof, #3 Exhibit 1 to M. Katz Declaration, #4 Exhibit 2 to M. Katz Declaration, #5 Exhibit 3 to M. Katz Declaration, #6 Exhibit 4 to M. Katz Declaration)(Towill, Polly) (jmo).

July 6, 2021

Filing 220 In Limine MOTION to Exclude (MIL No. 4) To Exclude Evidence Of Conduct And Statements That Are Not Actionable by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Of Martin D. Katz In Support Thereof, #3 Exhibit 1 to M. Katz Declaration, #4 Exhibit 2 to M. Katz Declaration, #5 Exhibit 3 to M. Katz Declaration, #6 Exhibit 4 to M. Katz Declaration, #7 Exhibit 5 to M. Katz Declaration, #8 Exhibit 6 to M. Katz Declaration)(Towill, Polly) (jmo).

July 6, 2021

Filing 219 NOTICE of Lodgment by Bofi Holding Inc. re #215 In Limine MOTION to Exclude (MIL No. 2) To Exclude Inflammatory Evidence That Is Untethered To Erharts Claims (Towill, Polly) (jmo).

July 6, 2021

Filing 218 In Limine MOTION to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities in Support of MIL No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected, #2 Declaration of Martin D. Katz in Support of BofI's MIL No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing That The Court Has Already Rejected)(Towill, Polly) (jmo).

July 6, 2021

Filing 217 SEALED LODGED Proposed Document re: #216 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (jmo).

July 6, 2021

Filing 216 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (jmo).

July 6, 2021

Filing 215 In Limine MOTION to Exclude (MIL No. 2) To Exclude Inflammatory Evidence That Is Untethered To Erharts Claims by Bofi Holding Inc.. (Towill, Polly) (jmo).

July 6, 2021

Filing 214 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (jmo). Modified on 7/7/2021 to link motion to #213 (jmo).

July 6, 2021

Filing 213 In Limine MOTION to Exclude Incomplete Documents and Related Testimony by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities in Support of BofI's MIL No. 1 to Exclude Incomplete Documents and Related Testimony, #2 Declaration of Martin D. Katz iso BofI's MIL No. 1 to Exclude Incomplete Documents and Related Testimony, #3 Declaration of Polly Towill iso BofI's MIL No. 1 to Exclude Incomplete Documents and Related Testimony, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q)(Towill, Polly) (jmo).

July 6, 2021

Filing 212 Order Granting Joint Motion to (A) Bifurcate Trial; and (B) Exclude Certain Arguments and Evidence (ECF No. #211 ). Signed by Judge Cynthia Bashant on 7/2/21. (jmo)

July 1, 2021

Filing 211 Joint MOTION to Bifurcate Trial; and Exclude Certain Arguments and Evidence in Lieu of Motions in Limine by Bofi Holding Inc.. (Towill, Polly)(jmo).

February 22, 2021

Filing 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Final Pretrial Conference) held on 1/25/2021 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/15/2021. Redacted Transcript Deadline set for 3/25/2021. Release of Transcript Restriction set for 5/24/2021. (akr)

February 8, 2021

Filing 209 Pretrial Order Pursuant to FED.R.CIV.P.16 and L.R. 16. A hearing for motions in limine is set for 7/20/21, at 11:00 a.m. The parties are limited to five motions in limine per side. All motions in limine must be filed no later than 7/6/21. Any response to any motion in limine must be filed no later than 7/13/21. Signed by Judge Cynthia Bashant on 2/8/21. (Attachments: #1 Exhibit A: Erhart's Trial Exhibits, #2 Exhibit B: BofI's Trial Exhibits, #3 Exhibit C: Joint Stipulated Facts, #4 Exhibit D: Erhart's Proposed Jury Instructions, #5 Exhibit E: BofI's Proposed Jury Instructions)(jmo)

January 25, 2021

Filing 208 Minute Entry for proceedings held before Judge Cynthia Bashant: Final Pretrial Conference held on 1/25/2021. Motion In Limine Hearing set for 7/20/2021 11:00 AM in Courtroom 4B before Judge Cynthia Bashant. Motions due 7/6/2021 and Responses due 7/13/2021.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Heather Plocky, and Polly Towill). (no document attached) (sxm)

January 13, 2021

Filing 207 ORDER Rescheduling and Converting Pretrial Conference to Zoom Video Conference. Final Pretrial Conference set for 1/25/2021 at 03:45 PM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 1/13/21.(jmo)

November 5, 2020

Filing 206 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Mandatory Settlement Conference held on 11/4/2020. Case did not settle. (Plaintiff Attorneys Carol Gillam; Sara Heum). (Defendant Attorneys Polly Towill; Heather Plocky; Susan Sullivan). (no document attached) (twa)

October 9, 2020

Filing 205 Order Resetting Mandatory Settlement Conference set for 11/4/2020 10:00 AM before Magistrate Judge Nita L. Stormes. The MSC will take place via videoconference as follows. Plaintiff and his counsel must appear at 10:00 a.m. Defendant and its counsel must appear at 11:00 a.m. Signed by Magistrate Judge Nita L. Stormes on 10/9/20.(jmo)

October 2, 2020

Filing 204 Order Scheduling Final Pretrial Conference. Proposed Pretrial Order due by 1/6/2021. Final Pretrial Conference set for 1/20/2021 at 02:00 PM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 10/2/20.(jmo)

September 3, 2020

Filing 203 ORDER Vacating Mandatory Settlement Conference. The court vacates the mandatory settlement conference set for 9/16/20. Signed by Magistrate Judge Nita L. Stormes on 9/3/20.(jmo)

August 21, 2020

Filing 202 NOTICE of Change of Address by Sara Heum (Heum, Sara) (jmo).

August 18, 2020

Filing 201 NOTICE of Change of Address by Carol Gillam (Gillam, Carol) **QC Mailer sent re: changing address through pacer. Updated for this case only. (jmo).

August 12, 2020

Filing 200 ORDER granting #196 Motion for Clarification. The Court clarifies that BofI's request for partial summary judgment as to Erhart's DoddFrank claim for his altered financial statements belief is GRANTED. Signed by Judge Cynthia Bashant on 8/11/2020.

July 23, 2020

Filing 199 Order Resetting Mandatory Settlement Conference. Mandatory Settlement Conference set for 7/29/20 is reset to 9/16/2020 at 01:30 PM before Magistrate Judge Nita L. Stormes. Counsel or any party representing himself or herself shall lodge confidential settlement briefs directly to chambers by 9/9/20. Signed by Magistrate Judge Nita L. Stormes on 7/22/20.(jmo)

June 22, 2020

Filing 198 Order Resetting Mandatory Settlement Conference. Mandatory Settlement Conference is reset for 7/29/2020 at 01:30 PM before Magistrate Judge Nita L. Stormes.. Counsel or any party representing himself or herself shall lodge confidential settlement briefs directly to chambers by 7/22/20. Signed by Magistrate Judge Nita L. Stormes on 6/22/20.(jmo) (dlg).

June 15, 2020

Filing 197 RESPONSE in Support re #196 MOTION Seeking Clarification re #192 Order on Motion for Summary Judgment, filed by Bofi Holding Inc.. (Towill, Polly) (jmo).

May 22, 2020

Filing 196 MOTION Seeking Clarification re #192 Order on Motion for Summary Judgment,,,,,,,,,,,,, by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities in Support of BofIs Motion for Clarification re Order Granting in Part BofI's Motion for Summary Judgment, #2 Declaration of Heather Plocky in Support of BofI's Motion for Clarification re Order Granting in Part BofI's Motion for Summary Judgment)(Towill, Polly) (sjt).

April 29, 2020

Filing 195 ORDER Resetting Mandatory Settlement Conference. Mandatory Settlement Conference set for 6/30/2020 at 10:00 AM before Magistrate Judge Nita L. Stormes. Counsel or any party representing himself or herself shall lodge confidential settlement briefs directly to chambers by 6/23/20. Signed by Magistrate Judge Nita L. Stormes on 4/29/20.(jmo) (dlg).

April 6, 2020

Filing 194 NOTICE OF WITHDRAWAL AS COUNSEL by Bofi Holding Inc. (Cronthall, Andre) (jmo).

April 2, 2020

Filing 193 ORDER granting in part and denying in part #128 Charles Erhart's Motion to Exclude Experts. BofI fails to demonstrate that its non-retained expert CFO Micheletti's proposed testimony is admissible under Rule 702. Consequently, the Court grants Erhart's request to preclude Micheletti from testifying as an expert, but the Court recognizes that Micheletti may be able to provide lay opinion testimony on the Bank's lost profits under Rule 701. The Court grants in part and denies in part Erhart's request to exclude BofI's retained expert van Drunen. The Court admits van Drunen's testimony regarding internal audit objectives, standards, and procedures. The Court reaches a mixed result as to van Drunen's more specific opinions on Erhart's conduct. Some of these opinions are appropriate under Rule 702; other opinions either fail to meet Rule 702s requirements or are subject to exclusion under Rule 403. Signed by Judge Cynthia Bashant on 4/1/2020.

March 31, 2020

Filing 192 ORDER granting in part and denying in part #127 BofI Federal Bank's Motion for Summary Judgment; granting in part and denying in part #137 Charles Erhart's Motion for Summary Judgment. For the reasons set forth, the Court grants in part BofI's request to summarily adjudicate Erhart's Sarbanes-Oxley, Dodd-Frank, California Labor Code section 1102.5, and wrongful discharge causes of action. The Court otherwise denies BofI's motion. Further, the Court grants in part Erhart's request to summarily adjudicate BofI's claims for fraud, negligence, conversion, and breach of the duty of loyalty in light of California's Uniform Trade Secrets Act. The Court denies Erhart's request to dispose of the remainder of these claims because there are genuine issues for trial. The Court similarly denies Erhart's request for summary judgment on BofI's breach of contract, California Penal Code section 502, and Computer Fraud and Abuse Act claims. Finally, the Court grants Erhart's request for summary judgment on BofI's Unfair Competition Law claim. Subject to the Order of the Chief Judge No. 18, In re Suspension of Jury Trials and Other Proceedings During the Covid-19 Public Emergency (S.D. Cal. Mar. 17, 2020), the Court orders the parties to contact the Magistrate Judges chambers to reset their mandatory settlement conference. Upon conclusion of this conference, the parties shall coordinate with the Magistrate Judge to set new dates for a pretrial conference and trial. Signed by Judge Cynthia Bashant on 3/31/2020.

March 6, 2020

Filing 191 ORDER Vacating Pretrial and Trial Dates. Signed by Judge Cynthia Bashant on 3/6/20.(jmo) (dlg).

February 26, 2020

Filing 190 ORDER Regarding Proposed Pretrial Conference Order. Proposed Pretrial Order due by 3/10/2020. Signed by Judge Cynthia Bashant on 2/26/20.(jmo) (dlg).

October 3, 2019

Filing 189 NOTICE Regarding Exhibit Attachment by Charles Matthew Erhart re #158 Response in Opposition to Motion, BofI's Motion for Summary Judgment (Attachments: #1 Memo of Points and Authorities iso Opposition to BofI"s MSJ - Redacted, #2 Exhibit 47, #3 Exhibit 83, #4 Exhibit 90, #5 Exhibit 93, #6 Exhibit 98, #7 Exhibit 160, #8 Exhibit 228, #9 Exhibit 262, #10 Exhibit 268, #11 Exhibit 280, #12 Exhibit 282, #13 Exhibit 295, #14 Exhibit 296, #15 Exhibit E, #16 Exhibit F, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Proof of Service)(Gillam, Carol). (jah).

October 3, 2019

Filing 188 NOTICE Regarding Exhibit Attachment by Charles Matthew Erhart re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti (Attachments: #1 Exhibit 3, #2 Proof of Service)(Gillam, Carol). (jah).

September 25, 2019

Filing 187 NOTICE Regarding Exhibit Attachment by Bofi Holding Inc. re #162 Sealed Lodged Proposed Document, (Attachments: #1 Memo of Points and Authorities In Support of BofI's Reply re Motion for Summary Judgment REDACTED, #2 Exhibit A REDACTED, #3 Joint Statement re Undisputed Material Facts REDACTED)(Towill, Polly) (mme).

September 25, 2019

Filing 186 NOTICE Regarding Exhibit Attachment by Bofi Holding Inc. re #154 Sealed Lodged Proposed Document, (Attachments: #1 Exhibit AA REDACTED)(Towill, Polly) (mme).

September 25, 2019

Filing 185 NOTICE Regarding Exhibit Attachment by Bofi Holding Inc. re #126 Sealed Lodged Proposed Document, (Attachments: #1 Memo of Points and Authorities In Support of BofI's Motion for Summary Judgment REDACTED, #2 Exhibit C REDACTED, #3 Exhibit E REDACTED, #4 Exhibit F REDACTED, #5 Exhibit J REDACTED, #6 Exhibit AA REDACTED)(Towill, Polly) (mme).

September 19, 2019

Filing 178 ORDER Granting In Part and Denying in Part the Parties' Motions Regarding Filing Documents Under Seal. The Court Directs the Clerk of the Court to complete the various sealing requests that are underlined throughout this order (ECF Nos. #125 , #130 , #132 , #140 , #141 , #145 , #150 , #153 , #156 , #172 , #161 , #165 ). Signed by Judge Cynthia Bashant on 9/19/19. (dlg)

August 9, 2019

Filing 176 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/31/2019 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/30/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/7/2019. (akr)

July 31, 2019

Filing 175 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 7/31/2019 re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Charles Matthew Erhart and #127 MOTION for Summary Judgment filed by Bofi Holding Inc. Court to issue order. Final Pretrial Conference set for 3/13/2020 10:00 AM in Courtroom 4B before Judge Cynthia Bashant. Motion In Limine Hearing set for 9/9/2019 at 10:30 AM is vacated and reset for 4/27/2020 10:30 AM in Courtroom 4B before Judge Cynthia Bashant. Motions in Limine limited to 5 motions per side. Jury Trial set for 9/17/2019 at 9:00 AM is vacated and reset for 5/12/2020 09:00 AM in Courtroom 4B before Judge Cynthia Bashant.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Carol Gillam and Sara Heum). (Defendant Attorney Martin Katz, Polly Towill, and John Landry). (no document attached) (sxm)

July 22, 2019

Filing 174 RESPONSE to Motion re #156 MOTION to File Documents Under Seal filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Erhart's Opposition REDACTED, #3 Exhibit C REDACTED, #4 Exhibit E REDACTED, #5 Exhibit F REDACTED, #6 Exhibit M REDACTED, #7 Exhibit N REDACTED, #8 Exhibit O REDACTED, #9 Exhibit Q REDACTED, #10 Exhibit 47 REDACTED, #11 Exhibit 229 REDACTED)(Towill, Polly). (jah). (Main Document 174 replaced on 9/20/2019) (dlg).

July 22, 2019

Filing 173 SEALED LODGED Proposed Document re: #172 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg).

July 22, 2019

Filing 172 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

July 9, 2019

Filing 171 ORDER Vacating Mandatory Settlement Conference. Court vacates the currently scheduled Mandatory Settlement Conference, pending resolution of the motions for summary judgment. The parties are ordered to contact Chambers within 3 days of a decision on the motions for summary judgment to reset the mandatory settlement conference as necessary. Signed by Magistrate Judge Nita L. Stormes on 7/9/2019. (jah)

July 9, 2019

Filing 170 ORDER Requiring Response re #156 MOTION to File Documents Under Seal filed by Charles Matthew Erhart. Court orders Defendant BofI to respond to Erhart's motion and provide compelling reasons for sealing any of the material. If BofI believes any material should be sealed, the Bank should file a public version of that document with proposed redactions. BofI's response shall be filed by 7/22/2019. Signed by Judge Cynthia Bashant on 7/8/2019. (jah)

July 2, 2019

Filing 169 ORDER granting #168 Motion to Continue; granting #168 Motion to Vacate. The Court CONTINUES the hearing set for July 8, 2019, to July 31, 2019, at 10:00 a.m. Further, the Court VACATES all pretrial deadlines. The parties should be prepared to discuss revised pretrial deadlines at the hearing on July 31. Signed by Judge Cynthia Bashant on 7/1/2019. (bxc)

June 30, 2019

Filing 168 Joint MOTION to Continue Hearing on BofI Federal Bank's and Charles Erhart's Motions for Summary Judgment and Erhart's Motion to Disqualify and Exclude, Joint MOTION to Vacate Pretrial Dates by Bofi Holding Inc.. (Towill, Polly). (jah).

June 26, 2019

Filing 167 Joint Statement of Undisputed Material Facts by Bofi Holding Inc., re #164 Reply to Response to Motion, #160 Reply to Response to Motion. (Attachments: #1 Declaration of Heather Plocky)(Towill, Polly). (jah).

June 26, 2019

Filing 166 *** PORTIONS DOCKETED SEALED ON 9/19/19, ECF 183 *** SEALED LODGED Proposed Document re: #165 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).

June 26, 2019

Filing 165 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

June 26, 2019

Filing 164 REPLY to Response to Motion re #127 MOTION for Summary Judgment filed by Bofi Holding Inc.. (Attachments: #1 Declaration of John Landry, #2 Exhibit A REDACTED, #3 Exhibit B, #4 Exhibit C REDACTED, #5 Exhibit D REDACTED)(Towill, Polly). (jah). (Attachment 5 replaced on 9/20/2019) (dlg).

June 26, 2019

Filing 163 *** PORTIONS DOCKETED SEALED ON 9/19/19, ECF 183 *** SEALED LODGED Proposed Document re: #161 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).

June 26, 2019

Filing 162 *** PORTIONS DOCKETED SEALED ON 9/19/19, ECF 183 *** SEALED LODGED Proposed Document re: #161 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).

June 26, 2019

Filing 161 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

June 26, 2019

Filing 160 REPLY to Response to Motion re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Exhibit 9, #3 Exhibit 10, #4 Declaration 11, #5 Proof of Service)(Gillam, Carol). (jah).

June 26, 2019

Filing 159 REPLY to Response to Motion re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti filed by Charles Matthew Erhart. (Attachments: #1 Proof of Service)(Gillam, Carol). (jah).

June 12, 2019

Filing 158 RESPONSE in Opposition re #127 MOTION for Summary Judgment filed by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Declaration, #3 Appendix, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Gillam, Carol). (jah). (Attachment 6 replaced on 9/20/2019) (dlg).

June 12, 2019

Filing 157 *** PORTIONS DOCKETED SEALED ON 9/19/19, ECF 182 *** SEALED LODGED Proposed Document re: #156 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gillam, Carol) (dlg). Modified on 9/19/2019 (dlg).

June 12, 2019

Filing 156 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (dlg).

June 12, 2019

Filing 155 RESPONSE in Opposition re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit A, #3 Exhibit B REDACTED, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E REDACTED, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K REDACTED, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R REDACTED, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V REDACTED, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z REDACTED, #28 Exhibit AA REDACTED, #29 Exhibit BB REDACTED, #30 Exhibit CC, #31 Exhibit DD, #32 Declaration of John Tolla)(Towill, Polly). (jah). (Attachment 3 replaced on 9/20/2019) (dlg). (Attachment 6 replaced on 9/20/2019) (dlg).

June 12, 2019

Filing 154 *** PORTIONS DOCKETED SEALED ON 9/19/19, ECF 181 *** SEALED LODGED Proposed Document re: #153 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/19/2019 (dlg).

June 12, 2019

Filing 153 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

June 12, 2019

Filing 152 RESPONSE in Opposition re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G REDACTED, #9 Exhibit H REDACTED, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Declaration of Guido van Drunen)(Towill, Polly). (jah). (Attachment 9 replaced on 9/20/2019) (dlg).

June 12, 2019

Filing 151 *** PORTIONS DOCKETED SEALED ON 9/19/19, ECF 184 *** SEALED LODGED Proposed Document re: #150 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/20/2019 (dlg).

June 12, 2019

Filing 150 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

May 23, 2019

Filing 149 ORDER granting Plaintiff's #148 Ex Parte Motion to Amend Briefing Schedule. Deadline to file oppositions to the motions for summary judgment and Plaintiff's motion to exclude set for 6/12/2019. The Parties shall meet and confer re joint statement by 6/18/2019. Deadline to file replies to the motions for summary judgment and motion to exclude set for 6/26/2019. Deadline to file joint statement of undisputed facts set for 6/26/2019. Signed by Judge Cynthia Bashant on 5/23/2019. (jah)

May 22, 2019

Filing 148 Ex Parte MOTION to Amend Briefing Schedule on Pending Motions re #139 Order Setting Briefing Schedule by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Proof of Service)(Gillam, Carol). Modified on 5/23/2019 - Wrong event. QC Email sent. Corrected entry and added document link (jah).

May 21, 2019

Filing 147 ORDER Resetting Mandatory Settlement Conference. Due to conflict with Court's calendar, Mandatory Settlement Conference set for 6/12/2019 is vacated and reset for 7/25/2019 10:00 AM before Magistrate Judge Nita L. Stormes. Confidential settlement briefs shall be submitted directly to Chambers by 7/18/2019. Signed by Magistrate Judge Nita L. Stormes on 5/21/2019. (jah)

May 17, 2019

Filing 146 ORDER Setting Oral Argument re #137 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Charles Matthew Erhart, #127 MOTION for Summary Judgment filed by Bofi Holding Inc. Motion Hearing set for 7/8/2019 10:30 AM in Courtroom 4B before Judge Cynthia Bashant. Court amends certain pretrial deadlines and dates: Deadline for Pretrial Disclosures set for 7/1/2019. Deadline to meet and confer set for 7/8/2019. Deadline for Plaintiff Erhart to provide proposed pretrial order to opposing counsel set for 7/15/2019. Proposed Pretrial Order due by 7/22/2019. Final Pretrial Conference continued to 7/29/2019 11:30 AM before Judge Cynthia Bashant. Deadline to file motions in limine continued to 8/12/2019. Deadline to file responses to motions in limine continued to 8/26/2019. Deadline to submit 1) joint proposed jury instructions, 2) proposed verdict form, 3) voir dire questions, and 4) statement of the case. Motion In Limine Hearing continued to 9/9/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial remains as set for 9/17/2019 9:00 AM. Signed by Judge Cynthia Bashant on 5/17/2019. (jah)

May 14, 2019

Filing 145 MOTION to Strike Document re #141 MOTION to File Documents Under Seal by Bofi Holding Inc.. (Towill, Polly). (jah).

May 13, 2019

Filing 144 RESPONSE to Motion re #130 MOTION to File Documents Under Seal filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit 3 (Redacted), #3 Exhibit 5 (Redacted), #4 Exhibit 6 (Redacted), #5 Exhibit 297 (Redacted))(Towill, Polly). Modified on 5/14/2019 - Edited text (jah).

May 13, 2019

Filing 143 RESPONSE to Motion re #132 MOTION to File Documents Under Seal filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Exhibit 8 (Redacted))(Towill, Polly). Modified on 5/14/2019 - Edited text (jah).

May 13, 2019

Filing 142 SEALED LODGED Proposed Document re: #141 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg).

May 13, 2019

Filing 141 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

May 13, 2019

Filing 140 MOTION to Amend/Correct #125 MOTION to File Documents Under Seal by Bofi Holding Inc.. (Towill, Polly). (jah).

May 10, 2019

Filing 139 ORDER Setting Briefing Schedule on Pending Motions. Any responses to the pending motions to seal (ECF Nos. #125 , #130 , #132 ) shall be filed no later than Tuesday, May 14, 2019. The parties shall file their respective oppositions to the motions for summary judgment (ECF Nos. #127 , #137 ) no later than Friday, May 31, 2019. The parties shall file any replies to the motions for summary judgment no later than Friday, June 14, 2019. BofI shall file its opposition to Erhart's motion to exclude (ECF No. #128 ) no later than Friday, May 31, 2019. Erhart shall file any reply no later than Friday, June 14, 2019. Signed by Judge Cynthia Bashant on 5/9/19.(dlg)

May 9, 2019

Filing 138 DECLARATION re #137 MOTION for Summary Judgment and/or Partial Summary Judgment CORRECTED DECLARATION OF CAROL GILLAM by Plaintiff Charles Matthew Erhart. (Gillam, Carol) (acc).

May 7, 2019

Filing 137 MOTION for Summary Judgment and/or Partial Summary Judgment by Charles Matthew Erhart. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Appendix, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proof of Service)(Gillam, Carol). (jah).

May 7, 2019

Filing 136 NOTICE OF WITHDRAWAL OF DOCUMENT by Charles Matthew Erhart re #129 MOTION for Summary Judgment and/or Partial Summary judgment filed by Charles Matthew Erhart. (Gillam, Carol). (jah).

May 7, 2019

Filing 135 SUPPLEMENTAL DOCUMENT: Additional Exhibits 4-9 by Charles Matthew Erhart re #128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti. (Attachments: #1 Proof of Service, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9)(Gillam, Carol). Modified on 5/8/2019 - Corrected text (jah).

May 7, 2019

Filing 134 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #129 MOTION for Summary Judgment or Partial Summary Judgment (Gillam, Carol). Modified on 5/8/2019 - Has s/ of staff member. QC Email sent to file Corrected Proof of Service (jah).

May 7, 2019

Filing 133 SEALED LODGED Proposed Document re: #132 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gillam, Carol) (dlg).

May 7, 2019

Filing 132 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (dlg).

May 7, 2019

Filing 131 *** PORTIONS DOCKETED AS SEALED ON 9/19/19, ECF 180 *** SEALED LODGED Proposed Document re: #130 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gillam, Carol) (dlg). Modified on 9/19/2019 (dlg).

May 7, 2019

Filing 130 MOTION to File Documents Under Seal (With attachments)(Gillam, Carol) (dlg).

May 6, 2019

Filing 129 MOTION for Summary Judgment and/or Partial Summary Judgment by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Gillam, Carol). Modified on 5/7/2019 - No pdf for Motion, only supporting docs attached. QC Email sent to withdraw and refile per L.R. 7.1. (jah).

May 6, 2019

Filing 128 MOTION to Exclude Testimony of BofI's Experts Guido van Drunen and Andrew Micheletti by Charles Matthew Erhart. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit 1, #5 Exhibit 3)(Gillam, Carol). Modified on 5/7/2019 - Incorrectly filed as a multi part motion, QC Email sent. Removed non-applicable motion reliefs and corrected text (jah). (Attachment 4 replaced on 9/20/2019) (dlg). (Additional attachment(s) added on 9/20/2019: #6 Policy Statement) (dlg).

May 6, 2019

Filing 127 MOTION for Summary Judgment by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of John Tolla REDACTED, #3 Declaration of Andrew J. Micheletti, #4 Declaration of Thomas Constantine, #5 Declaration of Lorena McWilliams REDACTED, #6 Declaration of Polly Towill REDACTED, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C REDACTED, #10 Exhibit D REDACTED, #11 Exhibit E REDACTED, #12 Exhibit F REDACTED, #13 Exhibit G REDACTED, #14 Exhibit H, #15 Exhibit I REDACTED, #16 Exhibit J REDACTED, #17 Exhibit K REDACTED, #18 Exhibit L, #19 Exhibit M REDACTED, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q REDACTED, #24 Exhibit R REDACTED, #25 Exhibit S, #26 Exhibit T REDACTED, #27 Exhibit U REDACTED, #28 Exhibit V, #29 Exhibit W, #30 Exhibit X REDACTED, #31 Exhibit Y, #32 Exhibit Z, #33 Exhibit AA REDACTED, #34 Exhibit BB, #35 Exhibit CC, #36 Exhibit DD, #37 Exhibit EE, #38 Exhibit FF, #39 Exhibit GG, #40 Exhibit HH, #41 Exhibit II, #42 Exhibit JJ, #43 Exhibit KK, #44 Exhibit LL, #45 Exhibit MM, #46 Exhibit NN, #47 Exhibit OO, #48 Exhibit PP, #49 Exhibit QQ, #50 Exhibit RR, #51 Exhibit SS, #52 Exhibit TT, #53 Exhibit UU REDACTED, #54 Exhibit VV REDACTED, #55 Exhibit WW, #56 Exhibit XX REDACTED, #57 Exhibit YY, #58 Exhibit ZZ, #59 Exhibit AAA, #60 Exhibit BBB, #61 Exhibit CCC, #62 Request for Judicial Notice, #63 Exhibit 1 to RJN, #64 Exhibit 2 to RJN, #65 Exhibit 3 to RJN, #66 Exhibit 4 to RJN, #67 Exhibit 5 to RJN, #68 Exhibit 6 to RJN, #69 Exhibit 7 to RJN, #70 Exhibit 8 to RJN, #71 Exhibit 9 to RJN)(Towill, Polly). (jah). (Attachment 5 replaced on 9/20/2019) (dlg). (Attachment 6 replaced on 9/20/2019) (dlg). (Attachment 10 replaced on 9/20/2019) (dlg). (Attachment 17 replaced on 9/20/2019) (dlg). (Attachment 23 replaced on 9/20/2019) (dlg). (Attachment 24 replaced on 9/20/2019) (dlg).

May 6, 2019

Filing 126 ***PORTIONS DOCKETED SEALED ON 9/19/19, ECF 179 *** SEALED LODGED Proposed Document re: #125 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (dlg). Modified on 9/19/2019 (dlg).

May 6, 2019

Filing 125 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (dlg).

May 3, 2019

Filing 124 SECOND AMENDED COMPLAINT with Jury Demand against Bofi Holding Inc., filed by Charles Matthew Erhart. (Attachments: #1 Proof of Service) (Gillam, Carol). Modified on 5/6/2019 - Removed duplicate text (jah).

April 30, 2019

Filing 123 ORDER granting in part and denying in part Defendant BofI Holdings' #78 Motion for Judgment on the Pleadings; denying Plaintiff Charles Matthew Erhart's #96 Motion for Judgment on the Pleadings. Court grants Defendant's request to dismiss Plaintiff's claims because he names the incorrect defendant. Plaintiff is granted leave to amend for the limited purpose of naming the correct entity defendant. Second Amended Complaint shall be filed by 5/3/2019. Court denies the remainder of Defendant's motion. Signed by Judge Cynthia Bashant on 4/30/2019. (jah) (Main Document 123 replaced on 5/6/2019). Modified on 5/6/2019 - Edited entry. Regenerated NEF (jah).

April 22, 2019

Filing 122 ORDER Granting in part and Denying in part #119 Bofl's Ex Parte Application Regarding Summary Judgment Briefing. The Court denies Bofl's request to file two separate summary judgment motions, but grants in part Bofl's request to file excess pages. Furthermore, in light of this order, the Court CONTINUES the deadline for the parties to file pretrial motions from April 29, 2019, to May 6, 2019. Signed by Judge Cynthia Bashant on 4/22/2019. (aef)

April 2, 2019

Filing 121 ORDER Continuing Deadline to File Pretrial Motions. Court sua sponte continues the deadline to file pretrial motions to 4/29/2019. All other dates remain unchanged. Signed by Judge Cynthia Bashant on 4/2/2019. (jah)

March 18, 2019

Filing 120 RESPONSE in Opposition re #119 Ex Parte MOTION for Leave to File Excess Pages and Permit Filing of Multiple Motions for Summary Judgment filed by Charles Matthew Erhart. (Gillam, Carol). (jah).

March 14, 2019

Filing 119 Ex Parte MOTION for Leave to File Excess Pages and Permit Filing of Multiple Motions for Summary Judgment by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill)(Towill, Polly). Modified on 3/15/2019 - Edited text (jah).

February 26, 2019

Filing 118 NOTICE of Appearance by Martin David Katz on behalf of Bofi Holding Inc. (Katz, Martin)Attorney Martin David Katz added to party Bofi Holding Inc.(pty:dft) (acc).

February 25, 2019

Filing 117 NOTICE of Appearance by Heather Lynn Plocky on behalf of Bofi Holding Inc. (Attachments: #1 Proof of Service)(Plocky, Heather)Attorney Heather Lynn Plocky added to party Bofi Holding Inc.(pty:dft) (acc).

February 15, 2019

Filing 116 ORDER granting in part and denying in part #110 Motion for Limited Reopening of Discovery Based Upon February 6, 2019 Decision by OCC and for Extension of Time to File Dispositive Motions and to Continue Trial Date; granting in part and denying in part #115 Supplemental Motion for Extension of Time to File Dispositive Motions and to Continue Trial Date. Court modifies the case schedule as follows: Pretrial Motion Filing Cutoff continued to 4/12/2019. Mandatory Settlement Conference continued to 6/12/2019 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order continued to 7/15/2019. Final Pretrial Conference continued to 7/22/2019 11:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 2/15/2019. (jah)

February 13, 2019

Filing 115 Supplemental Joint Statement re Limited Reopening of Discovery Based Upon February 6, 2019 Decision by the OCC; Supplemental MOTION for Extension of Time to File Dispositive Motions and to Continue Trial by Bofi Holding Inc.. (Towill, Polly). Modified on 2/14/2019 - Wrong event. Multi pleadings filed as one. QC Email sent. Corrected entry (jah).

February 11, 2019

Filing 114 ORDER granting #112 Joint Motion for Entry of Protective Order. The motion is granted and the protective order is entered, as modified by Court. Signed by Magistrate Judge Nita L. Stormes on 2/11/2019. (jah)

February 8, 2019

Filing 113 ORDER re #110 MOTION for the Limited Reopening of Discovery Based Upon February 6, 2019 Decision by the OCC, MOTION for Extension of Time to of Deadlines to File Dispositive Motiion and to Continue Trial Date filed by Bofi Holding Inc.. The parties are ordered to submit a supplemental joint statement, which shall provide a summary describing the contents of the documents, how they are relevant, and why the witnesses discussed in the joint motion would have to be deposed on the documents. The joint submission shall be limited to 5 pages and should be submitted by 2/13/2019. Signed by Magistrate Judge Nita L. Stormes on 2/8/2019. (jah)

February 8, 2019

Filing 112 Joint MOTION for Protective Order by Bofi Holding Inc.. (Towill, Polly). (jah).

February 8, 2019

Filing 111 NOTICE OF WITHDRAWAL OF DOCUMENT by Bofi Holding Inc. re #109 Joint MOTION for Protective Order filed by Bofi Holding Inc.. (Towill, Polly). (jah).

February 7, 2019

Filing 110 MOTION for the Limited Reopening of Discovery Based Upon February 6, 2019 Decision by the OCC, MOTION for Extension of Deadlines to File Dispositive Motions and to Continue Trial Date by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities)(Towill, Polly). Added MOTION for Extension of Time to File on 2/8/2019. Modified on 2/8/2019 - Multi part motion, one part not filed. Not a joint motion, not signed by opposing atty. QC Email sent. Added missing motion and corrected text (jah).

February 7, 2019

Filing 109 *** WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENT #111 *** Joint MOTION for Protective Order by Bofi Holding Inc.. (Towill, Polly). Modified on 2/8/2019 - Attached pleading is not a Motion, but is a Proposed Order. QC Email sent to refile w/ pdf that complies L.R. 5.1 (jah). Modified on 2/11/2019 - Motion and judge association termed (jah).

December 21, 2018

Filing 108 ORDER on #107 Joint Motion for Determination of Discovery Dispute No. 7. The Court DENIES BofI's motion to compel further production of text messages from Erhart and DENIES Erhart's request for a protective order. Signed by Magistrate Judge Nita L. Stormes on 12/21/2018. (acc)

December 12, 2018

Filing 107 Joint MOTION for Discovery Dispute No. 7 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Exhibit A, #4 Declaration of Sara Heum, #5 Proof of Service)(Towill, Polly) (rmc).

December 4, 2018

Filing 106 ORDER granting #104 Joint Motion to Allow the Use of November 9, 2016 Deposition Transcript and Testimony of Sofia Cornell for All Purposes. The 11/9/2016 deposition of Sofia Cornell taken in the San Diego County Superior Court Case No. 37-2016-00016599-CU-NP-CTL (the State Action) will be considered by the Parties as though they were taken in 15cv2287-BAS(NLS) consolidated with 15cv2353-BAS(NLS) (the Federal Action). This will not affect Bofl's ability to depose Sofia Cornell in the Federal Action. The prior deposition in the State Action may be used in the Federal Action for all purposes, including but not limited to trial. Signed by Magistrate Judge Nita L. Stormes on 12/4/2018. (jah)

December 4, 2018

Filing 105 ORDER granting in part #103 Joint Motion to Continue Deposition and Pretrial Motion Cutoff Dates. Court will grant the extension request as to the deadline to complete fact and expert depositions and to file pretrial motions. As for discovery disputes, Court deny the request and the parties must adhere to the timing guidelines set in the Chambers Rules. The dates are modified as follows: Deadline to take fact and expert depositions set for 2/7/2019 and pretrial motions filing cutoff set for 3/15/2019. All other dates shall remain as previously set. Signed by Magistrate Judge Nita L. Stormes on 12/4/2018. (jah)

December 3, 2018

Filing 104 Joint MOTION for Discovery to Allow the Use of the November 9, 2016 Deposition Transcript and Testiony of Sofia Cornell for All Purposes by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).

November 29, 2018

Filing 103 Ex Parte MOTION to Continue Fact and Expert Depositions and Pretrial Motion Cutoff (Joint Ex Parte Application) by Charles Matthew Erhart. (Attachments: #1 Declaration of Polly Towill, #2 Proof of Service)(Gillam, Carol) (sjm).

November 28, 2018

Filing 102 ORDER granting #101 Motion for Discovery Regarding Use of Privileged Documents. If the Party seeking to use the documents BOfl maintains are protected by the bank examination privilege or use the unredacted version of any of the documents containing information protected by the SAR privilege doe4s not receive approval from the appropriate governmental agency after seeking such approval, that Party may bring a Joint Motion before Court regarding the use of the documents. The deadline for bringing such a Joint Motion shall be continued to 2/7/2019. Signed by Magistrate Judge Nita L. Stormes on 11/28/2018. (jah)

November 26, 2018

Filing 101 Joint MOTION for Discovery Regarding Use of Documents Protected by the Bank Examaination Privilege and SAR Privilege by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). Modified on 11/27/2018 - Edited attachment description (jah).

November 15, 2018

Filing 100 ORDER on Joint Motion for Determination of Discovery Dispute No. 6 #97 . Court grants in part and denies in part Plaintiff's motion to compel regarding the requests. Unless otherwise specified, where the Court has ordered production, it must take place within 14 days of this Order. Signed by Magistrate Judge Nita L. Stormes on 11/15/2018. (jah)

November 9, 2018

Filing 99 REPLY in Support re #96 MOTION for Judgment on the Pleadings filed by Charles Matthew Erhart. (Gillam, Carol) Modified on 11/13/2018 to match document title (aef).

November 5, 2018

Filing 98 RESPONSE in Opposition re #96 MOTION for Judgment on the Pleadings filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly) (sjm).

October 22, 2018

Filing 97 Joint MOTION for Discovery Dispute No. 6 by Charles Matthew Erhart. (Attachments: #1 Statement of Facts Joint Statement, #2 Declaration of Sara Heum, #3 Exhibit 1 to Heum Declaration, #4 Exhibit 2 to Heum Declaration, #5 Declaration of Polly Towill, #6 Exhibit A to Towill Declaration, #7 Declaration of John Tolla, #8 Proof of Service)(Gillam, Carol) (acc).

October 19, 2018

Filing 96 MOTION for Judgment on the Pleadings by Charles Matthew Erhart. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sara Heum , #3 Proof of Service)(Gillam, Carol). Modified on 10/22/2018 - Double wording for attachment descriptions. QC Email sent. Removed duplicative attachment descriptions (jah).

October 17, 2018

Filing 95 ORDER granting in part and denying in part BofI Holdings Inc. and BofI Federal Bank's #91 Ex Parte Motion for Evidentiary Sanctions Prohibiting Erhart from Using Documents or Alternatively Ordering Additional Time for Erhart's Deposition and extending Deadline for BofI's Internal Audit Expert Disclosures. Court grants in part the request for additional time to depose Erhart. Court will grant BOfI leave to take a total of 16 hours of deposition testimony from Erhart. Court grants BofI's request that its internal audit expert be granted until 11/26/2018 to complete his report. Court will grant the extension to either party that needs it. Any internal audit expert report must be exchanged by 11/16/2018. Any rebuttal report for the dame must exchanged by 12/10/3018. This affects internal audit reports only, an all other expert reports are to be exchanged according to the existing schedule. Plaintiff Erhart's request for evidentiary sanctions is denied. Signed by Magistrate Judge Nita L. Stormes on 10/17/2018. (jah)

October 15, 2018

Filing 93 RESPONSE in Opposition re #91 Ex Parte MOTION for Evidentiary Sanctions Prohibiting Erhart from using Documents, or Alternatively Ordering Additional Time for Erhart's Deposition and Extending Deadline for BofI's Internal Audit Expert Disclosures filed by Charles Matthew Erhart. (Attachments: #1 Exhibit 1 to Declaration of Charles Matthew Erhart, #2 Exhibit 2 to Declaration of Polly Towill, #3 Exhibit 3 to Declaration of Matthew D. Armstrong, #4 Gillam Declaration, #5 Heum Declaration, #6 Proof of Service)(Gillam, Carol). Modified on 10/16/2018 - Removed duplicate attachment descriptions (jah).

October 12, 2018

Filing 94 ORDER on #88 Joint Motion for Determination of Discovery Dispute No. 5. Court denies without prejudice Defendant BofI's request for Plaintiff to submit to a a mental examination, subject to renewal at a later time if appropriate. Signed by Magistrate Judge Nita L. Stormes on 10/12/2018. (jah)

October 12, 2018

Filing 92 SUPPLEMENTAL BRIEFING in Support re #91 Ex Parte MOTION for Evidentiary Sanctions Prohibiting Erhart from using Documents, or Alternatively Ordering Additional Time for Erhart's Deposition and Extending Deadline for BofI's Internal Audit Expert Disclosures filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill, #2 Proof of Service)(Towill, Polly). Modified on 10/15/2018 - Wrong event. QC Email sent. Corrected text to match pleading (jah).

October 11, 2018

Filing 91 Ex Parte MOTION for Evidentiary Sanctions Prohibiting Erhart from using Documents, or Alternatively Ordering Additional Time for Erhart's Deposition and Extending Deadline for BofI's Internal Audit Expert Disclosure by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Proof of Service)(Towill, Polly). Modified on 10/12/2018 - Edited entry (jah).

October 9, 2018

Filing 90 ORDER granting #89 Joint Motion to Allow the Use of the July 11, 2017 and August 30, 2017 Deposition Transcripts and Testimony of Charles Matthew Erhart for All Purposes. Signed by Magistrate Judge Nita L. Stormes on 10/9/2018. (jah)

October 8, 2018

Filing 89 Joint MOTION Allow the Use of the July 11, 2017 and August 30, 2017 Deposition Transcripts and Testimony of Charles Matthew Erhart for All Purposes by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).

October 8, 2018

Filing 88 Joint MOTION for Determination of Discovery Dispute No. 5 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Exhibit A to the Declaration of Pollty Towill, #4 Exhibit B to the Declaration of Pollty Towill, #5 Exhibit C to the Declaration of Polly Towill, #6 Exhibit D to the Declaration of Polly Towill, #7 Exhibit E to the Declaration of Polly Towill, #8 Exhibit F to the Declaration of Polly Towill, #9 Declaration of Sara Heum , #10 Proof of Service)(Towill, Polly). Modified on 10/9/2018 - Edited text. Removed duplicative attachment descriptions (jah).

October 1, 2018

Filing 87 REPLY to Response to Motion re #78 MOTION for Judgment on the Pleadings on Erhart's First Amended Complaint filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly) (aef).

September 27, 2018

Filing 85 ORDER Granting #82 Motion to File Documents Under Seal; and Granting Continuance of Trial Date. The Court grants the request and resets the trial to September 17, 2019 at 9:00 a.m. Signed by Magistrate Judge Nita L. Stormes on 9/27/18. (dlg)

September 25, 2018

Filing 84 RESPONSE in Opposition re #78 MOTION for Judgment on the Pleadings filed by Charles Matthew Erhart. (Attachments: #1Declaration of Carol Gillam, #2 Plaintiff's Evidentiary Objection to Defendant's Request for Judicial Notice, #3 Proof of Service)(Gillam, Carol). (jah).

September 25, 2018

Filing 83 *** DOCKETED AS SEALED ON 9/27/18, ECF #83 *** SEALED LODGED Proposed Document re: #82 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly) (aef). Modified on 9/27/2018 (dlg).

September 25, 2018

Filing 82 MOTION to File Documents Under Seal (With attachments)(Towill, Polly) (aef).

September 11, 2018

Filing 81 ORDER granting in part and denying in part Plaintiff's #79 Motion for Amended Scheduling Order. The remaining dates are modified as follows: Pretrial Motions Filing Cutoff set for 1/14/2019. Mandatory Settlement Conference set for 4/3/2019 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 5/6/2019. Final Pretrial Conference set for 5/20/2019 11:00 AM before Judge Cynthia Bashant. Deadline to file motions in limine set for 6/3/2019. Deadline to file responses to motions in limine set for 6/17/2019. Motion In Limine Hearing set for 7/8/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 7/16/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 9/11/2018. (jah)

September 7, 2018

Filing 80 RESPONSE to Motion re #79 Ex Parte MOTION Plaintiff's Ex Parte Application for an Amended Scheduling Order filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).

September 6, 2018

Filing 79 Ex Parte MOTION Plaintiff's Ex Parte Application for an Amended Scheduling Order by Charles Matthew Erhart. (Attachments: #1 Declaration Declaration of Sara Heum in Support of Plaintiff's Ex Parte Application for an Amended Scheduling Order, #2 Proof of Service)(Gillam, Carol)(acc).

September 4, 2018

Filing 78 MOTION for Judgment on the Pleadings by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A - OSHA Complaint, #4 Exhibit B - SEC Complaint, #5 Declaration of Heather Plocky, #6 Proof of Service)(Towill, Polly). (jah).

September 4, 2018

Filing 77 ORDER re: #70 Joint Motion for Determination of Discovery Dispute No. 4. Court grants in part and denies in part Plaintiff's motion to compel regarding the requests. Unless otherwise specified in this Order, where Court has ordered production, it must take place within 14 days of this Order. Signed by Magistrate Judge Nita L. Stormes on 9/4/2018. (jah)

August 31, 2018

Filing 76 ORDER granting #75 Joint Motion to Amend Scheduling Order. Court extends the deadline for serving expert designations and disclosures to 10/4/2018 and the deadline for rebuttal and supplemental designations and disclosures to 10/18/2018. Signed by Magistrate Judge Nita L. Stormes on 8/31/2018. (jah)

August 29, 2018

Filing 75 Joint MOTION Amend Scheduling Order by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).

August 22, 2018

Filing 74 ORDER denying Plaintiff's #71 Ex Parte Motion to Extend Time to Bring Joint Motion Regarding Discovery. Signed by Magistrate Judge Nita L. Stormes on 8/22/2018. (jah)

August 20, 2018

Filing 73 RESPONSE in Opposition re #71 Ex Parte MOTION Re Extending Time to File Joint Discovery Motion filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Heather Plocky , #2 Proof of Service)(Towill, Polly). Modified on 8/21/2018 - Removed duplicative attachment description (jah).

August 17, 2018

Filing 72 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #71 Ex Parte MOTION Re Extending Time to File Joint Discovery Motion (Gillam, Carol). (jah).

August 16, 2018

Filing 71 Ex Parte MOTION Re Extending Time to File Joint Discovery Motion by Charles Matthew Erhart. (Attachments: #1 Declaration of Carol Gilliam, #2 Declaration of Sara Heum)(Gillam, Carol). Modified on 8/17/2018 No Proof of Service. QC Email sent to file Proof of Service. Corrected attachment descriptions (jah).

August 9, 2018

Filing 70 Joint MOTION for Determination of Discovery Dispute No. 4 by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Heather Plocky, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proof of Service)(Towill, Polly). Modified on 8/10/2018 - Edited entry (jah).

July 18, 2018

Filing 69 NOTICE of Errata re #46 Answer to First Amended Complaint by Bofi Holding Inc. (Attachments: #1 Certificate of Service)(Towill, Polly). Modified on 7/19/2018 - No provision for acceptance of Errata. QC Email sent. Removed duplicate text (jah).

July 16, 2018

Filing 68 ORDER granting #67 Joint Motion for Entry of Protective Order and Modified by the Court. Signed by Magistrate Judge Nita L. Stormes on 7/16/2018. (acc)

July 12, 2018

Filing 67 Joint MOTION for Protective Order by Bofi Holding Inc.. (Towill, Polly). Modified on 7/12/2018 - Wrong event. QC Email sent. Corrected motion event and text (jah).

July 11, 2018

Filing 66 ORDER denying #65 Joint Motion to Continue Trial and All Other Scheduled Dates. Signed by Magistrate Judge Nita L. Stormes on 7/11/2018. (jah)

July 9, 2018

Filing 65 Joint MOTION to Continue Trial and All Other Scheduled Dates by Charles Matthew Erhart. (Gillam, Carol). Modified on 7/10/2018 - Wrong event. Corrected event and text (jah).

June 5, 2018

Filing 64 ORDER granting in part and denying in part #63 Joint Motion to Amend/Correct Scheduling Order. Date for Initial Expert Designations for Affirmative Claims is extended to 9/14/2018. Date for Initial Expert Designations for Defense of Claims is extended to 9/14/2018. Date for Supplemental Expert Designation is extended to 10/12/2018. All other dates remain as previously set. Signed by Magistrate Judge Nita L. Stormes on 6/5/2018. (jah). Modified on 6/7/2018 - Edited text re ruling. Regenerated NEF (jah).

May 31, 2018

Filing 63 Joint MOTION to Amend/Correct Scheduling Order by Bofi Holding Inc.. (Towill, Polly). (jah).

March 13, 2018

Filing 62 SCHEDULING ORDER: Case Management Conference was held on 3/12/2018. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 4/13/2018. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 12/12/2018. Any Daubert motions shall be filed along with motions for summary judgment unless no motions for summary judgment will be filed, in which case the parties may file Daubert motions along with motions in limine. Mandatory Settlement Conference set for 3/6/2019 09:30 AM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 4/1/2019. Final Pretrial Conference set for 4/15/2019 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 4/29/2019. All responses to the motions in limine are due by 5/13/2019. Motion In Limine Hearing set for 6/3/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 6/11/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 3/13/2018. (jah)

March 12, 2018

Filing 61 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Status/Case Management Conference held on 3/12/2018. Order to issue. (Plaintiff Attorney Carol Gillam, Sara Heum). (Defendant Attorney Polly Towill, Heather Plocky). (no document attached) (twa)

February 15, 2018

Filing 60 ORDER granting #59 Joint Motion to Continue Joint Status Conference. Telephonic Joint Status Conference set for 2/21/2018 is continued to 3/12/2018 03:00 PM before Magistrate Judge Nita L. Stormes. The parties shall lodge a joint status report and revised discovery plan by 3/6/2018. Signed by Magistrate Judge Nita L. Stormes on 2/15/2018. (jah)

February 14, 2018

Filing 59 Joint MOTION to Continue Joint Status Conference by Bofi Holding Inc.. (Towill, Polly). (jah).

January 23, 2018

Filing 58 ORDER granting #57 Joint Motion to Continue Joint Status Conference. Status and Case Management Conference set for 1/26/2018 11:00 AM is continued to 2/21/2018 02:30 PM before Magistrate Judge Nita L. Stormes. The parties shall lodge with Court a joint status report and revised discovery plan by 2/19/2018. Signed by Magistrate Judge Nita L. Stormes on 1/23/2018. (jah)

January 23, 2018

Filing 57 Joint MOTION to Continue Joint Status Conference by Bofi Holding Inc.. (Towill, Polly). (jah).

January 19, 2018

Filing 56 ORDER Setting Telephonic Status and Case Management Conference. Telephonic, Attorneys-Only Status and Case Management Conference set for 1/26/2018 11:00 AM before Magistrate Judge Nita L. Stormes. The parties shall lodge with Judge Stormes a joint status report by 1/24/2018, which apprises Court of the status of discovery in these cases. Signed by Magistrate Judge Nita L. Stormes on 1/19/2018. (jah)

January 18, 2018

Filing 55 ORDER denying Defendant BofI Holding, Inc.'s #49 Motion for Reconsideration re #44 Order on Motion to Dismiss First Amended Complaint. Signed by Judge Cynthia Bashant on 1/18/2018. (jah)

October 30, 2017

Filing 54 REPLY to Response to Motion re #49 MOTION for Reconsideration, or in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike filed by Bofi Holding Inc.. (Towill, Polly). (jah).

October 23, 2017

Filing 53 RESPONSE in Opposition re #49 MOTION for Reconsideration, or in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike filed by Charles Matthew Erhart. (Attachments: #1 Declaration)(Gillam, Carol). (jah).

October 10, 2017

Filing 52 CORRECTED CERTIFICATE OF SERVICE by Bofi Holding Inc. re #49 MOTION for Reconsideration, or in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike (Towill, Polly). Modified on 10/11/2017 - Removed duplicate text (jah).

October 10, 2017

Filing 51 CORRECTED CERTIFICATE OF SERVICE by Bofi Holding Inc. re #48 Joint MOTION to Continue Status Conference (Towill, Polly). Modified on 10/11/2017 - Removed duplicate text (jah).

October 10, 2017

Filing 50 ORDER denying #48 Joint Motion to Continue Joint Status Conference. Court vacates the Status and Case Management Conference. Counsel for BofI is ordered to contact this Court within three (3) days of the District's Judge's ruling on its Motion for Reconsideration and Court will reset the conference. Signed by Magistrate Judge Nita L. Stormes on 10/10/2017. (jah)

October 6, 2017

Filing 49 MOTION for Reconsideration, or, in the alternative, Clarification re #44 Order on Motion to Dismiss, Order on Motion to Strike by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1 to Request for Judicial Notice, #4 Exhibit 2 to Request for Judicial Notice, #5 Exhibit 3 to Request for Judicial Notice, #6 Declaration of Polly Towill, #7 Exhibit A to Towill Declaration, #8 Exhibit B to Towill Declaration, #9 Proof of Service)(Towill, Polly). Modified on 10/10/2017 - Proof of Service has s/ of staff. QC Email sent to file Corrected Proof of Service. Removed duplicative attachment description (jah).

October 6, 2017

Filing 48 Joint MOTION to Continue Status Conference by Bofi Holding Inc.. (Towill, Polly). Modified on 10/10/2017 - Proof of Service has s/ of staff member. QC Email sent to file Corrected Proof of Service (jah).

October 3, 2017

Filing 47 ORDER CONTINUING telephonic status and case management conference to October 13, 2017 at 3:00 p.m. due to a conflict on the Court's calendar. All other provisions of the Court's September 19, 2017 order [ECF No. 45] remain in effect. Signed by Magistrate Judge Nita L. Stormes on 10/3/2017.(no document attached) (chg)

September 26, 2017

Filing 46 ANSWER to #32 First Amended Complaint by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).

September 19, 2017

Filing 45 ORDER Setting Telephonic Status and Case Management Conference. Telephonic, Attorneys-Only Case Management Conference and Status Conference set for 10/13/2017 10:00 AM be fore Magistrate Judge Nita L. Stormes. The parties shall lodge a joint status report with Judge Stormes by 10/11/2017. Signed by Magistrate Judge Nita L. Stormes on 9/19/2017. (jah). Modified on 9/19/2017 - Edited to add Attorneys Only to text. Regenerated NEF (jah).

September 11, 2017

Filing 44 ORDER granting in part and denying in part BofI Holding, Inc.'s #35 Motion to Dismiss and #35 Motion to Strike Allegations from First Amended Complaint. Court denies BofI's request to dismiss Erhart's claims for whistleblower retaliation under Sarbanes-Oxley, whistleblower retaliation under Dodd-Frank, and defamation. Court grants BofI's motion to dismiss Erhart's claims for violation of California Confidentiality of Medical Information Act, breach of covenant of good faith and fair dealing, and intentional infliction of emotional distress. Court dismisses these claims with leave to amend. Court denies BofI's motion to strike allegations from Erhart's pleading. If Erhart chooses to file a Second Amended Complaint, he must do so by 9/29/2017. Signed by Judge Cynthia Bashant on 9/11/2017. (jah)

March 29, 2017

Filing 43 NOTICE of Appearance by Sara Heum on behalf of Charles Matthew Erhart (Attachments: #1 Proof of Service)(Heum, Sara)Attorney Sara Heum added to party Charles Matthew Erhart (pty:pla). (jah).

March 2, 2017

Filing 42 ORDER Granting Motion to Quash BofI's Subpoena to Testify at a Deposition. Signed by Magistrate Judge Nita L. Stormes on 3/2/2017. (fth)

February 15, 2017

Filing 41 ORDER: Counsel must contact chambers within three days of receiving an order on the motion to dismiss to reset the status conference. Signed by Magistrate Judge Nita L. Stormes on 2/15/2017.(no document attached) (ecp)

February 14, 2017

Filing 40 ORDER Granting in Part and Denying in Part Bofl Federal Bank's Motion for Summary Adjudication of Charles Matthew Erhart's Twelfth Through Twenty-Fourth Affirmative Defenses. Erhart's 14th, 15th, 21st and 22nd Affirmative Defenses fail as a matter of law. Court summarily adjudicates these defenses in Bofl's favor. Court strikes Erhart's 17th and 18th Affirmative Defenses from his Answer because these defenses are redundant of Erhart's other defenses. Court denies Bofl's request for summary adjudication of Erhart's 12th, 13th, 16th, 19th, 20th, 23rd, and 24th Affirmative Defenses. Signed by Judge Cynthia Bashant on 2/14/2017. (Motion filed as ECF No. 45 in 15cv2353-BAS(NLS)) (jah)

January 26, 2017

Filing 39 The court VACATES the status conference set for January 27, 2017. Counsel must contact chambers within three days of receiving an order on the motion for summary adjudication to reset a status conference. Signed by Magistrate Judge Nita L. Stormes on 1/26/2017.(no document attached) (ecp)

December 8, 2016

Filing 38 ORDER denying Bofl Federal Bank's #26 Motion to Clarify or Reconsideration of Order Denying Bofl's Amended Motion for Preliminary Injunction. Court orders the parties to appear on 1/30/2017 10:30 AM in Courtroom 4B before Judge Cynthia Bashant for oral argument. The parties should be prepared to discuss Bofl's motion for summary adjudication of Erhart's 12th through 24th affirmative defenses. Signed by Judge Cynthia Bashant on 12/8/2016. (Motion for Summary Adjudication filed as ECF. 45 in 15cv2353) (jah)

December 5, 2016

Filing 37 REPLY to Response to Motion re #35 MOTION to Dismiss First, Second, Fourth, Seventh, Eighth, and Ninth Claims in the First Amended Complaint MOTION to Strike Under FRCP 12(F) filed by Bofi Holding Inc.. (Attachments: #1 Proof of Service)(Towill, Polly). (jah).

November 28, 2016

Filing 36 RESPONSE in Opposition re #35 MOTION to Dismiss First, Second, Fourth, Seventh, Eighth, and Ninth Claims in the First Amended Complaint MOTION to Strike Under FRCP 12(F) filed by Charles Matthew Erhart. (Attachments: #1 Certificate of Service)(Gillam, Carol). (jah).

October 31, 2016

Filing 35 MOTION to Dismiss First, Second, Fourth, Seventh, Eighth and Ninth Claims in the First Amended Complaint, MOTION to Strike Under FRCP 12(F) by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Andre Cronthall, #3 Exhibit A to Cronthall Declaration, #4 Proof of Service)(Towill, Polly). Added MOTION to Strike on 11/1/2016 (jah). Modified on 11/1/2016 - Multi part motion, one part not filed. QC Email sent. Added missing motion and corrected text (jah).

October 24, 2016

Filing 34 RESPONSE in Opposition re #26 MOTION to Clarify, or, Alternatively, Reconsideration of the Court's Order Denying BofI's Motion for Preliminary Injunction filed by Charles Matthew Erhart. (Gillam, Carol). (jah).

October 19, 2016

Filing 33 REPLY to Response to Motion re Motion to Quash Subpoena to Testify at a Deposition filed by Charles Matthew Erhart. (Attachments: #1 Declaration, #2 Proof of Service)(Gillam, Carol). Modified on 10/20/2016 - Wrong event. Should be filed case where motion is filed. QC Email sent. Corrected text (jah).

October 17, 2016

Filing 32 FIRST AMENDED COMPLAINT with Jury Demand against Bofi Holding Inc., filed by Charles Matthew Erhart. (Attachments: #1 Certificate of Service) (Gillam, Carol). Modified on 10/18/2016 - Added "First" to text (jah).

October 13, 2016

Filing 31 ORDER granting #28 Joint Motion to Vacate Scheduling Order. Court orders that all dates in the Scheduling Order #23 are vacated, including the 3/20/2017 Mandatory Settlement Conference, 7/31/2017 Final Pretrial Conference, and 9/26/2017 Jury Trial. Court orders all discovery on all claims in this consolidated action stayed. Telephonic, Attorneys Only Status Conference set for 1/27/2017 10:00 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 10/13/2016. (jah)

October 11, 2016

Filing 30 NOTICE of BofI Federal Bank's Opposition to Carol Gillam's Motion to Quash Subpoena to Testify at a Deposition (filed in 3:15-cv-2353 on September 19, 2016 (ECF No. 75)) by Bofi Holding Inc. (Attachments: #1 Declaration of Andre Cronthall, #2 Proof of Service)(Cronthall, Andre). (jah).

October 11, 2016

Filing 29 CERTIFICATE OF SERVICE by Bofi Holding Inc. re #28 Joint MOTION to Vacate #23 Scheduling Order (Towill, Polly). (jah).

October 7, 2016

Filing 28 Joint MOTION to Vacate #23 Scheduling Order by Bofi Holding Inc.. (Towill, Polly). Modified on 10/11/2016 - No Proof of Service. QC Email sent to file Proof of Service. Edited text (jah).

October 6, 2016

Filing 27 NOTICE of Appearance by Andre J. Cronthall on behalf of Bofi Holding Inc. (Attachments: #1 Proof of Service)(Cronthall, Andre). Attorney Andre J. Cronthall added to party Bofi Holding Inc.(pty:dft). (jah).

October 5, 2016

Filing 26 MOTION to Clarify or, Alternatively, Reconsideration of the Court's Order Denying BofI's Motion for Preliminary Injunction by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Andre J. Cronthall, #3 Exhibit A to Cronthall Declaration, #4 Proof of Service)(Towill, Polly). Modified on 10/6/2016 - Has s/ of atty not associated in case. QC Email sent for Atty Cronthall to file Notice of Appearance per L.R. 83.3 and G.O. 550. Edited text (jah).

October 5, 2016

Filing 25 ORDER: BofI must file an opposition to the motion to quash by October 11, 2016. Erhart may file a reply by October 18, 2016. The court will then take the matter under submission. Signed by Magistrate Judge Nita L. Stormes on 10/5/2016.(no document attached) (ecp)

October 3, 2016

Filing 24 ORDER Regarding Motion to Quash Bofl's Subpoena to Testify at Deposition by Carol Gillam. Court vacates the 10/24/2016 hearing date set for briefing purposes. Judge Stormes will issue a briefing schedule for the motion in due course. Signed by Judge Cynthia Bashant on 10/3/2016. (Motion filed in Consolidated Case, 15cv2353) (jah)

September 30, 2016

Filing 23 SCHEDULING ORDER: Mandatory Settlement Conference set for 3/20/2017 2:30 AM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 7/17/2017. Final Pretrial Conference set for 7/31/2017 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 9/26/2017 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 9/30/2016.(acc) (Main Document 23 replaced on 9/30/2016) (acc). Modified on 10/3/2016 (acc).

September 26, 2016

Filing 22 ORDER granting in part and denying in part Defendant Bofl Holding, Inc.'s #3 Motion to Dismiss and #3 Motion to Strike. Court grants Bofl's motion to dismiss Erhart's first and second claims and dismisses the claims with leave to amend. Court declines to exercise supplemental jurisdiction over Erhart's remaining claims and dismisses these claims without prejudice. Court denies Bofl's motion to strike. If Erhart chooses to file a First Amended Complaint, he must do so by 10/17/2016. Court orders the consolidation of Bofl's Countersuit, 15cv2353-BAS(NLS) with this whistleblower retaliation action. This action is designated as the lead case, and all further filings shall be in this action. Clerk shall file a copy of this Order in Bofl's Countersuit. Signed by Judge Cynthia Bashant on 9/26/2016. (jah)

September 21, 2016

Filing 20 ORDER denying defendant BofI Holding, Inc.'s #12 Motion for Imposition of Sanctions for Spoliation of Evidence Against Plaintiff Charles Matthew Erhart. The Court grants BofI's #15 Motion to Seal. The Court orders the Clerk of Court to accept and file under seal the requested documents (ECF No. #16 ). Signed by Judge Cynthia Bashant on 9/21/16. (kas)

March 14, 2016

Filing 19 REPLY to Response to Motion re #12 MOTION for Sanctions for Spoliation of Evidence filed by Bofi Holding Inc.. (Attachments: #1 Declaration of Polly Towill support of BofI's Reply to Motion for Spoliation Sanctions, #2 Exhibit A to Towill Declaration, #3 Request for Judicial Notice in support of BofI's Reply to Motion for Spoliation Sanctions, #4 Exhibit B to Request for Judicial Notice, #5 Objections to Erhart's Evidence In Support of Opposition to BofI's Motion for Spoliation Sanctions, #6 Proof of Service)(Towill, Polly) (kcm).

March 7, 2016

Filing 18 RESPONSE in Opposition re #12 MOTION for Sanctions for Spoliation of Evidence filed by Charles Matthew Erhart. (Attachments: #1 Request for Judicial Notice, #2 Appendix, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proof of Service)(Gillam, Carol). (jah).

February 25, 2016

Filing 17 NOTICE of Errata by Bofi Holding Inc. re #12 MOTION for Sanctions for Spoliation of Evidence (Attachments: #1 Exhibit A, #2 Proof of Service)(Towill, Polly). Modified on 2/26/2016 - No provision for acceptance of Errata. QC Email sent. Edited text (jah).

February 19, 2016

Filing 16 ***FILED AS SEALED DOCUMENT ON 9/22/2016***SEALED LODGED Proposed Document re: #15 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Towill, Polly). (jah). (Main Document 16 replaced on 9/22/2016) (kcm).

February 19, 2016

Filing 15 MOTION to File Documents Under Seal (With attachments)(Towill, Polly). (jah).

February 19, 2016

Filing 14 AMENDED DOCUMENT: Amended Appendix of Exhibits by Bofi Holding Inc.. Amendment to #12 MOTION for Sanctions for Spoliation of Evidence. (Attachments: #1 Proof of Service)(Towill, Polly). Modified on 2/22/2016 - Edited text (jah).

February 19, 2016

Filing 13 DECLARATION of Matthew D. Armstrong re #12 MOTION for Sanctions for Spoliation of Evidence by Defendant Bofi Holding Inc.. (Attachments: #1 Exhibit A, #2 Proof of Service)(Towill, Polly). Modified on 2/22/2016 - Edited text (jah).

February 19, 2016

Filing 12 MOTION for Sanctions for Spoliation of Evidence by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Polly Towill, #3 Exhibit G to Towill Decl., #4 Exhibit H to Towill Decl., #5 Declaration of John C. Tolla, #6 Request for Judicial Notice, #7 Exhibit I to RJN, #8 Exhibit J to RJN, #9 Exhibit K to RJN, #10 Exhibit L to RJN, #11 Exhibit M to RJN, #12 Appendix of Exhibits, #13 Proof of Service)(Towill, Polly). (jah).

February 10, 2016

Filing 11 NOTICE of Party With Financial Interest by Bofi Holding Inc. (Attachments: #1 Proof of Service)(Towill, Polly). Modified on 2/11/2016 - Edited text (jah).

January 12, 2016

Filing 10 REPLY to Response to Motion re #3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth, and Ninth Causes of Action MOTION to Strike filed by Bofi Holding Inc.. (Towill, Polly). (jah).

January 7, 2016

Filing 9 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #6 Response in Opposition to Motion, (Gillam, Carol) (dlg).

January 6, 2016

Filing 8 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #4 Notice of Change of Address (Gillam, Carol) (dlg).

January 6, 2016

Filing 7 CERTIFICATE OF SERVICE by Charles Matthew Erhart re #6 Response in Opposition to Motion, (Gillam, Carol). Modified on 1/6/2016 - Has s/ of staff. Docket text has double wording. QC Email sent re double wording and to file Corrected Proof of Service. Removed duplicate text (jah).

January 5, 2016

Filing 6 RESPONSE in Opposition re #3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth, and Ninth Causes of Action MOTION to Strike filed by Charles Matthew Erhart. (Gillam, Carol). Modified on 1/6/2016 - No Proof of Service. Double wording added in all caps. QC Email sent re double wording, caps, and to file Proof of Service. Removed duplicate text (jah).

January 4, 2016

Filing 5 NOTICE of Withdrawal of One of Several Arguments in Support re #3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth, and Ninth Causes of Action, MOTION to Strike filed by Bofi Holding Inc.. (Towill, Polly). Modified on 1/5/2016 - Wrong event. QC Email sent. Corrected text to match pleading (jah).

December 21, 2015

Filing 4 NOTICE of Change of Address by Carol Gillam (Gillam, Carol). Modified on 12/22/2015 - No Proof of Service. QC Email sent to file Proof of Service (jah).

December 15, 2015

Filing 3 MOTION to Dismiss Plaintiff's First, Second, Fourth, Seventh, Eighth and Ninth Causes of Action, MOTION to Strike by Bofi Holding Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A, #4 Proof of Service)(Towill, Polly). Attorney Polly Towill added to party Bofi Holding Inc. (pty:dft). Modified on 12/16/2015 - Corrected motion event and text (jah).

October 14, 2015

Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (acc)

October 13, 2015

Filing 1 COMPLAINT with Jury Demand against Bofi Holding Inc. ( Filing fee $ 400 receipt number 0974-8487860.), filed by Charles Matthew Erhart. (Attachments: #1 Cover Sheet)The new case number is 3:15-cv-2287-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case. (Gillam, Carol)(acc)

Search for this case: Erhart v. Bofi Holding Inc.
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Plaintiff: Charles Matthew Erhart
Represented By:	Sara Heum
Represented By:	Mika Marie Hilaire
Represented By:	Carol Gillam
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Defendant: Bofi Holding Inc. an entity doing business as BofI Federal Bank doing business as Bank of the Internet
Represented By:	Polly Towill
Represented By:	Heather Lynn Plocky
Represented By:	Martin David Katz
Represented By:	Andre J. Cronthall
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