McEwen et al v. Benedict et al
| Carla McEwen and Daniel Buzahr |
| Amanda Benedict, DOES 1-10, Walt Disney Realty doing business as Dennis Conklin, Shoot For The Moon Sales Consultants LLC, Shoot For The Moon, LLC (Florida), Dennis Conklin, Audie Decastro, Windermere Cocoa Beach Realty, Shoot For The Moon, LLC (Arizona) and CNA Foreclosure Services Inc. |
| 3:2020cv02364 |
| December 3, 2020 |
| US District Court for the Southern District of California |
| Cathy Ann Bencivengo |
| Linda Lopez |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 24
NOTICE of Change of Address by Valerie Garcia Hong (Hong, Valerie)
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Filing 23
ORDER granting #22 Joint Request for a Settlement Conference Video Settlement Conference set for 3/3/2021 at 10:00 AM before Magistrate Judge Linda Lopez. Signed by Magistrate Judge Linda Lopez on 1/27/2021. (jmr) (jms).
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Filing 22
Joint MOTION to Refer to Mediation - Settlement Conference by Carla McEwen. (Baldwin-Kennedy, Ronda) (anh).
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Filing 21
MINUTE ORDER: After reviewing Plaintiffs Request for Deferral of Defendants Motion to Dismiss Pending Disposition of Mediation [Doc. No. 20], and good cause appearing, it is hereby ORDERED that the motion hearing date previously set for the two pending motions to dismiss [Doc. Nos. 16, 17] is continued to March 15, 2021. Accordingly, Plaintiffs opposition to both pending motions shall be filed on or before March 1, 2021, and Defendants shall file their replies on or before March 8, 2021. The Court will then take the motions under submission and issue a ruling in due course. (anh)
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Filing 20
REPLY - Other re #15 MOTION to Dismiss for Failure to State a Claim , #17 MOTION to Dismiss for Failure to State a Claim and Special Motion to Strike filed by Carla McEwen. (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Exhibit Letter)(Baldwin-Kennedy, Ronda) (anh).
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Filing 19
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference held on 1/4/2021. Prior Court Minute Order issued.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Ronda Baldwin-Kennedy). (Defendant Attorney Pauline Villanueva and John Robert Mayer). (no document attached) (lmh)
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Filing 18
MINUTE ORDER : Pursuant to the parties representations to the Court that the Notice of Default has been rescinded and there is no foreclosure sale currently scheduled, Plaintiffs Emergency Motion for Preliminary Injunction [Doc. No. 8] is deemed WITHDRAWN without prejudice and can be refiled, if appropriate, at a future date(jmr)(jms).
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Filing 17
MOTION to Dismiss for Failure to State a Claim and Special Motion to Strike by Dennis Conklin, Shoot For The Moon Sales Consultants LLC, Walt Disney Realty, Windermere Cocoa Beach Realty. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) and Special Motion to Strike Under California Code of Civil Procedure Section 425.16)(Mayer, John)Attorney John Robert Mayer added to party Dennis Conklin(pty:dft), Attorney John Robert Mayer added to party Shoot For The Moon Sales Consultants LLC(pty:dft), Attorney John Robert Mayer added to party Walt Disney Realty(pty:dft), Attorney John Robert Mayer added to party Windermere Cocoa Beach Realty(pty:dft) (jpp).
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Filing 16
MOTION to Dismiss for Failure to State a Claim by Audie Decastro. (Attachments: #1 Request for Judicial Notice, #2 Notice of Association of Counsel)(Hong, Valerie)Attorney Valerie Garcia Hong added to party Audie Decastro(pty:dft) (jpp).
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Filing 15
MOTION to Dismiss for Failure to State a Claim by Amanda Benedict. (Attachments: #1 Request for Judicial Notice, #2 Notice of Association of Counsel)(Hong, Valerie)Attorney Valerie Garcia Hong added to party Amanda Benedict(pty:dft) 0 (jpp).
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Filing 14
MINUTE ORDER: In response to Plaintiffs motion for a temporary restraining order to halt a foreclosure sale scheduled for December 22, 2020 [Doc. No. 8], defendants Dennis Conklin and Shoot for the Moon DBPP have represented to the Court that the Notice of Default has been rescinded, rendering moot the request for a TRO. [Doc. No. 11.] The hearing previously scheduled for December 21, 2020 at 10:00 a.m. is therefore VACATED as moot. A telephonic status hearing is HEREBY SET for January 4, 2021 at 10:00 a.m. to address scheduling a preliminary injunction hearing, if needed. The parties are instructed to connect through an AT&T Teleconference connection at (888) 398-2342, access code: 1749358. Status Conference set for 1/4/2021 10:00 AM before Judge Cathy Ann Bencivengo. (anh)
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Filing 13
RESPONSE in Opposition re #8 Emergency MOTION for Preliminary Injunction filed by Audie Decastro. (Hong, Valerie) (anh).
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Filing 12
RESPONSE in Opposition re #8 Emergency MOTION for Preliminary Injunction filed by Amanda Benedict. (Hong, Valerie) (anh).
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Filing 11
RESPONSE in Opposition re #8 Emergency MOTION for Preliminary Injunction filed by Dennis Conklin. (Attachments: #1 Declaration Declaration of John R. Mayer in Support of Opposition to Motion for Preliminary Injunction)(Mayer, John) (anh).
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Filing 10
NOTICE Certificate Of Service by Daniel Buzahr, Carla McEwen re #9 Order,,, Set Motion and R&R Deadlines/Hearings,, #8 Emergency MOTION for Preliminary Injunction (Baldwin-Kennedy, Ronda) (anh).
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Filing 9
MINUTE ORDER: On December 10, 2020, Plaintiffs Carla McEwen and Daniel Buzahar filed a motion for preliminary injunction/TRO (the motion). [Doc. No. 8.] Any opposition to the motion shall be filed by noon on December 18, 2020. The motion is HEREBY SET for a telephonic hearing before District Judge Cathy Ann Bencivengo on December 21, 2020 at 10:00 a.m. The parties are instructed to connect through an AT&T Teleconference connection at (888) 398-2342, access code: 1749358. Plaintiffs shall provide notice to all of the defendants of the hearing and this order as expeditiously as possible.(anh)
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Filing 8
Emergency MOTION for Preliminary Injunction by Daniel Buzahr, Carla McEwen. (Attachments: #1 Declaration Declaration Of Ronda Kennedy ISO Motion For Preliminary Injunction, #2 Exhibit Exhibit 1 to Declaration Of Ronda Kennedy ISO Motion For Preliminary Injunction)(Baldwin-Kennedy, Ronda) (anh).
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Filing 7
SUMMONS Returned Executed by Daniel Buzahr, Carla McEwen. Shoot For The Moon Sales Consultants LLC, Shoot For The Moon, LLC (Arizona), Shoot For The Moon, LLC (Florida) served. (Baldwin-Kennedy, Ronda) (anh).
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Filing 6
SUMMONS Returned Executed by Daniel Buzahr, Carla McEwen. Audie Decastro served. (Baldwin-Kennedy, Ronda) (anh).
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Filing 5
SUMMONS Returned Executed by Daniel Buzahr, Carla McEwen. CNA Foreclosure Services Inc. served. (Baldwin-Kennedy, Ronda) (anh).
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Filing 4
SUMMONS Returned Executed by Daniel Buzahr, Carla McEwen. Amanda Benedict served. (Baldwin-Kennedy, Ronda) (anh).
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Filing 3
NOTICE of Lis Pendens by Daniel Buzahr, Carla McEwen (Baldwin-Kennedy, Ronda) (anh).
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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. (smd) (sjt).
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Filing 1
COMPLAINT with Jury Demand against Amanda Benedict, CNA Foreclosure Services Inc., Dennis Conklin, DOES 1-10, Audie Decastro, Shoot For The Moon Sales Consultants LLC, Shoot For The Moon, LLC (Arizona), Shoot For The Moon, LLC (Florida), Walt Disney Realty, Windermere Cocoa Beach Realty ( Filing fee $ 402 receipt number ACASDC-14987317.), filed by Daniel Buzahr, Carla McEwen. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)The new case number is 3:20-cv-2364-CAB-LL. Judge Cathy Ann Bencivengo and Magistrate Judge Linda Lopez are assigned to the case. (Baldwin-Kennedy, Ronda)(smd) (sjt).
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