R Todd Neilson, et al v. Union Bank of CA N A, et al
| R Todd Neilson, Wesley West Flexible Partnership, Stedman West Family Partnership Ltd, Stuart W Stedman, George V Kriste, John K Poitras, Michael B Azeez, Anthony Podell, Gregory B Abbot, Wesley West Minerals Ltd, Sheri L Ockrim, Steven M Besserman, Linda A Besserman, Ric Jackson, Cynthia Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J Marik and California Community Foundation |
| Union Bank of California N A, Comerica Bank - California, Imperial Management Inc, Bank of Orange County, Does 1 - 10 and Mary Catherine Leider |
| Reed Slatkin |
| 2:2002cv06942 |
| September 5, 2002 |
| U.S. District Court for the Central District of California |
| Margaret M Morrow |
| Carla Woehrle |
| Other Fraud |
| 31 U.S.C. § 3731 Fraud |
| None |
Docket Report
This docket was last retrieved on November 26, 2012. A more recent docket listing may be available from PACER.
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Filing 340
ORDER GRANTING PLAINTIFFSUNOPPOSED MOTION TO DISTRIBUTEREMAINING SETTLEMENT FUNDS #333 by Judge Margaret M. Morrow: the court orders that $2,950.00 be paid to claims administrator Gilardi & Co. for services already performed. Gilardi shall also receive an additional $2,100.00 for services associated with distributing the remaining funds to located class members. Those class members shall receive a proportional share of $9,697.44. (ah)
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| Filing 339 Mail Returned addressed to Amanda Jane Wong re Order Continuing Motion 336 . (csi) |
| Filing 338 Mail Returned addressed to Amanda Jane Wong re Notice of Electronic Filing E-mail 334 . (csi) |
| Filing 337 Mail Returned addressed to Amanda Jane Wong re Notice of Electronic Filing E-mail 335 . (csi) |
| Filing 336 TEXT ONLY ENTRY: CONTINUING PLAINTIFF'S MOTION #333 by Judge Margaret M. Morrow: Motion to pay outstanding administration costs of settlement etc. is continued to hearing on 12/3/2012 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY |
| Filing 335 Notice of Electronic Filing re MOTION for Order for Granting Unopposed Motion to Pay Outstanding Administration Costs of Settlement and to Distribute the Remaining Settlement Funds as a Cy Pres Award or Further Distribution #333 e-mailed to [email protected] bounced due to 5.1.0 - Unknown address error 550-'Invalid Recipient -. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to [email protected] with a request that she update her CM rofile. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY |
| Filing 334 Notice of Electronic Filing re MOTION for Order for Granting Unopposed Motion to Pay Outstanding Administration Costs of Settlement and to Distribute the Remaining Settlement Funds as a Cy Pres Award or Further Distribution #333 e-mailed to [email protected] bounced due to 5.1.0 - Unknown address error 550-'5.1.1 User Unknown'. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY |
| Filing 333 NOTICE OF MOTION AND MOTION for Order for Granting Unopposed Motion to Pay Outstanding Administration Costs of Settlement and to Distribute the Remaining Settlement Funds as a Cy Pres Award or Further Distribution filed by Plaintiff Class California Community Foundation. Motion set for hearing on 11/26/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Declaration of Andrew Esbenshade In Support of Unopposed Motion to Pay Oustanding Administration Costs of Settlement and to Distribute the Remaining Settlement Funds as a Cy Pres Award or a Further Distribution, #2 Exhibit 1 to Esbenshade Declaration, #3 Declaration of Tricia Solorzano Re: Distribution of Settlement Funds, #4 Exhibit A to Solorzano Declaration, #5 Proposed Order Granting Unopposed Motion to Pay Outstanding Administration Costs of Settlement and to Distribute the Remaining Settlement Funds as a Cy Pres Award or a Further Distribution)(Esbenshade, Andrew) |
Filing 331
PROPOSED ORDER by Judge Margaret M. Morrow, approving a final distribution of the class settlement fund. IT IS HEREBY ORDERED AS FOLLOWS: The definitions of terms set forth in the stipulation are hereby incorporated as though fully set forth in this order. (see document for details) The sum of $42,733.00 will be transferred to the Trustee to hold in reserve for the benefit of claimants James William Firman-IRA, Peter Rakow, Karen Fakow, and Irwin Zalcberg, pending resolution of their respective claims in the bankruptcy court, at which time the trustee shall distribute the sums indicated on the attached schedule to the appropriate claimant. (see document)(yc, )
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Filing 330
ORDER by Judge Margaret M. Morrow : granting 322 MOTION for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement funds: THe Court adopts Judge Altman's distribution plan to the extent not inconsistent with this order. The Court finds that Lee Minshull is not a member of the clase, and therefore lacks standing to object either to approval of the class settlement or distribution of the fund it created. The Court also finds the the Trustee is not a class membetr to th eextent he seeks to recover for net creditor claims that were not filed in the bankruptcy proceeding as of the date a class was certified. As respects the amount of the settlement fund tht is attributable to the unresolved claims of James William Firman-IRA, Peter Rakow, Karen Rakow, and Irwin Zalcverg, the court directs that the Trustee hold the funds for the benefit of claimants pending resolution of their claims in the bankrupecy court. If any of these creditors' claims is ultimately allowed, the holder of the claim is entitled to a distribution from the settlement fund that reflects the 85%, 45%, 5.52% distribution ratio recommended by Judge Altman and adopted herein. If any of the claims is disallowed, the distribution that the creditor would have received must be distributed proportionally to members of the class. Finally, the court approves the payment of fees and costs to Gilardi in the amount $23,053.79, and to Caldwell Leslie in the amount of $11,604.43. Caldwell Leslie's request for attorneys fees is denied. (shb, )
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| Filing 332 MINUTES OF Motion Hearing held before Judge Margaret M. Morrow:, Re MOTION for Order for for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement fund 322 . The Court having carefully considsered the papers and the evidence submitted by the parties and having heard the oral argument of counsel, the court adopts in part the proposed distribution plan of the third party neutral, awarding costs and expenses and denying request for attorneys' fees.Court Reporter: Mark Schweitzer. (shb, ) |
| Filing 329 CLASS RESPONSE filed by Plaintiff Linda A Besserman TO COMMENTS of lee S Minshull; supplemental declartions of Mary Newcombe and TRicia M Solorzano and Exhibits thereto. (yc, ) |
| Filing 328 REPLY to response to MOTION for Order for for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement fund 322 filed by Lee S Minshull. (yc, ) |
| Filing 327 RESPONSE to Lee S Minshull's opposition to class plaintiffs Notice of MOTION 322 filed by plaintiff Stuart W Stedman, R Todd Neilson, Wesley West Minerals Ltd, Michael B Azeez(as Trustee of the Azeez Foundation), Michael B Azeez(as Trustee of the Betty Shapiro Trust), Michael B Azeez(as Trustee of the Thomas Di Maggio Trust), Michael B Azeez(as General Partner and on behalf of Sazeez L P), Sheri L Ockrim, Steven M Besserman, Linda A Besserman, Ric Jackson, Cynthia Jackson, Wesley West Flexible Partnership, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J Marik, California Community Foundation, Stedman West Family Partnership Ltd, Stuart W Stedman(as trustee of the Neva and Wesley West Foundation), George V Kriste, John K Poitras, Michael B Azeez, Anthony Podell, Gregory B Abbot. (yc, ) |
| Filing 325 NOTICE of order re new hearing date filed by plaintiffs Michael B Azeez(as Trustee of the Azeez Foundation), Michael B Azeez(as Trustee of the Betty Shapiro Trust), Michael B Azeez(as Trustee of the Thomas Di Maggio Trust), Michael B Azeez(as General Partner and on behalf of Sazeez L P), Michael B Azeez, Gregory B Abbot. (yc, ) |
Filing 326
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Margaret M. Morrow ORDERING Notice of motion for final approval submitted by Plaintiffs Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Gregory B Abbot received on 8/1/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, )
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| Filing 324 MINUTES by Judge Margaret M. Morrow : reset hearing as to MOTION for Order for for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement fund 322 . Motion set for hearing on 9/12/2005 at 10:00 AM before Honorable Margaret M. Morrow.Court Reporter: Not Available. (yc, ) |
| Filing 321 OPPOSITION to class plaintiffs Notice of motion and motion for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement fund. 264 filed by plaintiff Stuart W Stedman, R Todd Neilson, Wesley West Minerals Ltd, Sheri L Ockrim, Wesley West Flexible Partnership, Susan Safirstein, Jaroslav J Marik, Stedman West Family Partnership Ltd, Stuart W Stedman(as trustee of the Neva and Wesley West Foundation), George V Kriste, John K Poitras, Anthony Podell. (yc, ) |
| Filing 323 DECLARATION of Mary Newcombe, Tricia M Solorzano and David H. Judd in support re MOTION for Order for for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement fund 322 filed by plaintiffs Susan Safirstein. (yc, ) |
| Filing 322 NOTICE OF MOTION AND MOTION for final approval of a distribution plan and authorization for final payment of fees and costs related to distribution of the class settlement fund filed by plaintiffs Steven M Besserman, Linda A Besserman, Ric Jackson, Cynthia Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J Marik, California Community Foundation. Motion set for hearing on 8/22/2005 at 10:00 AM before Honorable Margaret M. Morrow. (yc, ) |
| Filing 320 Post-Class Settlement Fund distribution hearing comments of Slatkin Trustee; Declaration of Johh P. Reitman and Exhibits filed by Plaintiff R Todd Neilson(lm, ) |
Filing 319
ORDER by Judge Margaret M. Morrow, regarding Notice of hearing #318 distribution of the class settlment fund is approved, and that such notice is to be delivered to memebers of the settlement class as soon as reasonably pricticable after entry of this order in the same manner that the Notice of Pendency of class action was prviously mail, and (s) the claims administrator may pay itself $6,283.00 from the class settlement fund for its fees and costs and the claims administrator may disburse via wire transfer to the Mediator (or in a manner mutually agreeable to the claims administrator and the Mediator)payment of the Mediator's fees in the amount of $5,050.00 within a reasonable time after the entry of this order. (yc, )
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Filing 318
SECOND AMENDED PROPOSED) NOTICE OF HEARING REGARDING DISTRIBUTION OF THE CLASS SETTLEMENT FUND ORDER by Judge Margaret M. Morrow, THE DISTRIBUTION HEARING on 4/4/2005 at 10am the distribution heainrg will be held before the Honorable Robert T Altman (retirde judge of the Los Angeles Superior Court) at ADR Service. The pleading and other records in this litigation and settlemetn may be examined and copies during regular office hours at the Office of the Clerk, PLEASE DO NOT CALL THE COURT. (see file for further details) (yc, )
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| Filing 316 NOTICE of (second amended proposed)Notice of hearing regarding distribution of the class settlement fund and (proposed) order approving notice of hearing regarding 312 filed by plaintiffs Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Gregory B Abbot. (yc, ) LODGED PROPOSED ORDER SECOND AMENDED PROPOSED NOTICE OF HEARING |
| Filing 317 MANDATE of 9th CCA filed as to Appeal to Circuit Court 277 , CCA # 04-56181. The appellant's motion to dismiss this appeal is granted. Mandate received in this district on 2/22/05. (ghap, ) |
Filing 315
ORDER by Judge Margaret M. Morrow,regarding Notice of hearing regarding distribution of the class settlement fund. After the formulation of the distribution plan a hearing (Final Distribution Hearing ) will be held before the court for its approval of the distribution plan. (see file). The final distributin hearing will be scheduled by the court at a later date. (see file for further order). Request for further details of the settlemtn and any questions which you have concerning the matters described in this notice may be directed IN WRITING to :(see file) Thje pleading and other records in this litigatin and settlment may be examined and copies during regular office hours at the office of the clerk United States District Court for the Central District of California 312 North Spring Street, Los Angeles, PLEASE DO NOT CALLA THE COURT. (yc, )
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| PLACED IN FILE - NOT USED re Proposed order approving notice of hearing submitted by plaintiffs Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez. (yc, ) |
| Filing 314 NOTICE of amended proposed notice of hearing regarding distribution of the class settlement fund. filed by plaintiffs Stuart W Stedman, R Todd Neilson, Wesley West Minerals Ltd, Sheri L Ockrim, Steven M Besserman, Linda A Besserman, Ric Jackson, Cynthia Jackson, Wesley West Flexible Partnership, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J Marik, California Community Foundation, Stedman West Family Partnership Ltd, Stuart W Stedman, Union Bank of California N A, George V Kriste, John K Poitras, Anthony Podell. (yc, ) LODGED PROPOSED AMENDED PROPOSED NOTICE OF |
| Filing 313 MINUTES by Judge Margaret M. Morrow :, RE: EX PARTE APPLICATION for Order 312 The court directs class counsel to file an amended proposed notice upon receipt of the amended proposed notice, the court will enter an order on class plaintiff ex parte application. (see minutes )Court Reporter: Not Available. (yc, ) |
| Filing 312 EX PARTE APPLICATION for Order approving notice of hearings regarding Distribution of the Class Settlement Fund and an Order authorizing payment for the fees and costs of the Claims Administrator and the Mediator; Related Exhibits; Declaration of Shirley E Sanematsu filed by plaintiffs Steven M Besserman, Linda A Besserman, Ric Jackson, Cynthia Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J Marik, California Community Foundation. Lodged proposed order. (bg, ) |
| Filing 310 FINAL JUDGMENT by Judge Margaret M. Morrow, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The court has jurisdiction over the subject matter of the litigation and over all parties thereto. including all members of the class as deffined in pargraph 3 (see document for details) By the same order granting final approval fo the settlement the court also awarded class plaintiffs counssel Caldwell, Leslie, Newcombe & Pettit professional corporation attoneys fees in an amount equal to 15% of the class settlement fund and litigaion costs in the amount of $15,000. The class settlement fund totals $11,098,318.00 and therefore Caldwell Leslie's attorney's fee award equal $1,664,747.00. Accordingly including the $15,000 awarded for costs, the total amont to be paid to Caldwell Leslie is $1,679,747.00 which may be paid to Caldwell Leslie from the Class Settlement fund upon enty of this judgment. (see judgment for further order) (MD JS-6 Case Terminated.)(yc, ) |
| Filing 309 NOTICE of deposition of settlement funds in plaintiff escrow accounts and request for entry of final judgment. filed by plaintiffs Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Gregory B Abbot. (yc, ) |
Filing 308
ORDER by Judge Margaret M. Morrow,Certifying settlement class approving final settlement and granting application of class plaintiff's attorney fees and costs. The court awards attorneys fees equal t o15% of the class settlement fund, and litigation costs in the amount of $15,000.00. Class counsel is directed to sumbitt proposed form of judgment no later than 12/20/2004. Judgment will be entered until class counsel advises the court that defendants have deposited the appropriate amounts into the class and non-class escrow accounts. (yc, )
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| PLACED IN FILE - NOT USED re (Proposed) Findings of Fact, Conclusions of Law and order granting Final Settlement Approval (shb, ) |
| Filing 306 TRANSCRIPT filed for proceedings held on 12/06/04. Court Reporter: David Salyer. (cbr, ) |
| Filing 305 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/06/04 Court Reporter: David Salyer. (cbr, ) |
| Filing 307 DECLARATION of David H Judd re proposed class action settlement 301 filed by Plaintiff R Todd Neilson. (rl, ) |
| Filing 311 MINUTES Final Settlement Approval: The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court takes the motion for final settlement approval is taken under submission. A declaration from the trustees account regarding the priaty between the class and the non-class claims within 48 hours.Court Reporter: David Salyer. (bg, ) |
| Filing 303 PROOF OF SERVICE filed by plaintiffs Linda A Besserman, Steven M Besserman. re 294 Declaration (non-motion), Declaration (non-motion), 295 Memorandum in Opposition (non-motion), 296 Memorandum in Support of Motion, was served on 11/23/04. (yc, ) |
| Filing 302 RESPONSE to recent filing by the non=class individual plaintiffs filed by Defendant Imperial Management Inc (yc, ) |
| Filing 301 STATEMENT regarding final settlement approval filed by Defendant Union Bank of California N A (yc, ) |
| Filing 304 NOTICE of lodging computer diskette containing electronic version of class plaintiffs proposed findings of fact and conclusion of law. filed by plaintiffs Linda A Besserman, Steven M Besserman. (yc, ) |
| Filing 300 RESPONSE to statement of additional information concerning preliminarily approved settlement; and request for determination whether additional notice is required and for review of existing settlement structure. 283 filed by plaintiffs R Todd Neilson. (yc, ) |
| Filing 299 RESPONSE of class plaintiffs statement of additional information and request for determination whether additional notice is required and for review of existing settlemnt structure: supplement declaration of Christopher G. Caldwel. filed by Plaintiffs Linda A Besserman, Steven M Besserman (yc, ) |
| Filing 298 RESPONSE tostatement of additional information concerning preliminarily approved settlement; and non class individual plaintiffs response for determination whether additional notice is required and for review of existing settlement structure: Declaratin of R. Alexander Pilmer filed by plaintiffs Wesley West Flexible Partnership, Wesley West Minerals Ltd. (yc, ) |
| Filing 293 PROOF OF SERVICE filed by plainitffs Wesley West Flexible Partnership. re 289 Declaration (non-motion), Declaration (non-motion), (yc, ) |
| Filing 292 JOINDER filed by Defendant Bank of Orange County statement of additional information concerning preliminarily approved settlement; 283 and request for determination whether additional notice is required and review of existing settlement structure. (yc, ) |
| Filing 291 RESPONSE filed by Plaintiffs to Objections to settlement 287 ;supplemental declaration of Mary Newcombe (yc, ) |
| Filing 290 RESPONSE filed by Plaintiffsp to Objections to settlement 287 (yc, ) |
| Filing 289 DECLARATION of Paul S. Brown in support of non -class individual plaintiffs response to re Objections 287 filed by Plaintiffs Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd, Kriste, Poitras, Azeez, Podell, Abbott and Ockrim. (yc, ) |
| Filing 288 STATEMENT additional information concerning preliminarily approved settlement filed by Defendant Imperial Management Inc re: EX PARTE APPLICATION for Order 283 . (yc, ) |
| Filing 297 PROOF OF SERVICE filed by plaintiffs Linda A Besserman, Steven M Besserman. re 294 Declaration (non-motion), Declaration (non-motion), 295 Memorandum in Opposition (non-motion), 296 Memorandum in Support of Motion, was served on 11/23/04. (yc, ) |
| Filing 296 MEMORANDUM of points and authorities in Support of class plaintiffs applicaiotn for award of attorneys fees and reimbursement of costs and expenses. filed by plaintiffs Linda A Besserman, Steven M Besserman. (yc, ) |
| Filing 295 Memorandum of points and authorities in support of 294 filed by plaintiffs (yc, ) |
| Filing 294 DECLARATION of Christopher G. Caldwell, Mary Newcombe, Anddrew Esbenshade, Shirley E. Sanematsu, Trica M Solarzano, Steven J. Cobb, Michael Kaplan and Andrea Benjamin, and exhibits in support of class plaintiffs applications for final approval of settlemnt and for award of attorneys fees and costs. filed by Plaintiffs. (yc, ) |
| Filing 287 OBJECTIONS to settlement filed by OBJECTING CREDITORS Kendall Dorsett, Michael McGahee, Ann And Seymour Thoumas. (yc, ) |
| Filing 286 NOTICE of intention to appear filed by objecting creditors: Kendall Dorsett, Michael McGahee and Ann And Seymour Thomas (yc, ) |
Filing 285
ORDER APPROVING CLASS NOTICE And Final Settlement Approval Hearing: IT IS HEREBY ORDERED AS FOLLOWS: Subject to the terms and conditions set forth in the Stipulation, the Court hereby certifies a class for the purposes of effectuating the Stipulation and settlement set forth therein, as follows: All individuals or entities that (a) made a claim in the bankruptcy of Reed E Slatkin; and (b) received in return less money from Reed E Slatkin than they entrusted to him to invest (see image for further details) The Court hereby preliminarily approves the proposed settlement set forth in the stipulation. On 12/6/2004 at 10:00 am, the Final Settlment Approval Hearing will be held before the Honorable Margaret M Morrow to determine the amount of the payment for the attorneys' fees, costs and expenses of Class Plaintiffs' Counsel and to provide its approval of the settlment. All discovery and other pretrial proceedings as between the Settling Parties are hereby suspended until further order of the Court by Judge Margaret M. Morrow,(yl, )
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| Set Deadlines/Hearings: Final Settlement Approval Hearing set for 12/6/2004 10:00 AM before Honorable Margaret M. Morrow. (yl, ) |
| Filing 284 STIPULATION OF GLOBAL SETTLEMENT re EX PARTE APPLICATION for Order 283 filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. (bg, ) |
| Filing 283 EX PARTE APPLICATION for Order preliminarily approving the stipulation of Global settlement and related exhibits executed by the parties filed concurrently herewith filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. Declaration of Shirley E Sanematsu (bg, ) |
| Filing 282 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 277 filed by Wesley West Flexible Partnership; Court of Appeals Case Number: 04-56181. (weap, ) |
| Filing 281 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 1/6/03, 7/21/03; Court Reporter: David Salyer; Court of Appeals Case Number: 04-56181; Re: Appeal to Circuit Court, 277 . (weap, ) |
| Filing 280 NOTIFICATION by Circuit Court of Appellate Docket Number 04-56181, 9th CCA regarding Appeal to Circuit Court 277 filed by Wesley West Flexible Partnership. (cbr, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court 277 . (cbr, ) |
| Filing 278 REPRESENTATION STATEMENT re Appeal to Circuit Court 277 . (ghap, ) |
| Filing 277 JOINT NOTICE OF APPEAL to 9th CCA filed by plaintiffs Wesley West Flexible Partnership; Stuart W. Stedman as an individual and in his capacity as Trustee of the Neva and Wesley West Foundation; Stedman West Family Partnership, Ltd. as successor to Wesley West Long Term Partnership Ltd.; Wesley West Minerals, Ltd., George V. Kriste; John K. Poitras; Michael B. Azeez as an individual and in his capacity as Trustee of the Azeez Foundation Trustee of the Betty Shapiro Trust, Trustee of the Thomas DiMaggio Trust, and as General Partner and on behalf of SAzeez L.P.; Anthony Podell; Gregory B. Abbott; Fred W. Ockrim; Sheri L. Ockrim; and the following individuals in their individual and representative capacities on behalf of all those similarly situated: Steven M Besserman, Linda A. Besserman, Ric Jackson, Cynthia Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J. Marik, and California Community Foundation as Trustee of the Barbara L. Dewey Charitable Lead Annuity Trust. Appeal of Judgment #274 Filed On: 6/3/04; Entered On: 6/4/04; Filing fee $255., Paid receipt number 68302. cc: Christopher Caldwell; R. Alexander Pilmer; Prenevost, Normandin, Bergh & Dawe; Quinn, Emmanuel, Urquhart, Oliver and Hedges; McDermott, Will and Emery; Bird, Marella, Boxer and Wolpert; Kirkland and Ellis. (ghap, ) |
| Civil Appeals Docketing Statement received from plaintiffs Wesley West Flexible Partnership, Stuart W. Stedman as an individual and in his capacity as Trustee of the Neva and Wesley West Foundation; Stedman West Family Partnership, Ltd. as successor to Wesley West Long Term Partnership Ltd.; Wesley West Minerals, Ltd.; George V. Kriste; John K. Poitras; Michael B. Azeez as an individual and in his capacity as Trustee of the Azeez Foundation, Trustee of the Betty Shapiro Trust, Trustee of the Thomas DiMaggio Trust, and as General Partner and on behalf of SAzeez L.P.; Anthony Podell; Gregory B. Abbott; Fred W. Ockrim; Sheri L. Ockrim; and the following individuals in their individual and representative capacities on behalf of all those similarly situated; Steven M. Besserman, Linda A. Besserman, Ric Jackson, Cynthia Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J. Marik, and California Community Foundation as Trustee of the Barbara L. Dewey Charitable Lead Annuity Trust forwarded to 9th CCA. RE: Appeal to Circuit Court 277 . (ghap, ) |
| Filing 279 MINUTES OF Proceedings In Chambers Case previously closed in error. (Case reopened. MD JS-5.) Court Reporter: Not present. (bg, ) |
Filing 276
STIPULATION AND ORDER by Judge Margaret M. Morrow : All proceedings be stayed to allow the Parties time to document the settlement agreement; All discovery, including all presently scheduled deposition, be stayed without prejudice to resetting the depositions or other discovery if the settlement is not approved as fair, adequate and reasonable to the class; All pending motions and hearings be taken off calendar without prejudice to resetting these motions or hearings if the settlement is not ultimately effectuated. (Made JS-6. Case Terminated.) The Court sets a Status Conference for 6/28/2004 09:00 AM before Honorable Margaret M. Morrow.(bg, )
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| Filing 274 JUDGMENT by Judge Margaret M. Morrow,Finding that there is no just reason to delay entry of judgment until the resolution of all claims against all parties in this action, the Court hereby orders entry of a final judgment in favor of Comerica Bank - California and against plaintiffs pursuant to FRCP 54(b)(bg, ) |
| Filing 275 STIPULATION requesting the court to enter Judgment in favor of Comerica Bank filed by plaintiffs Gregory B Abbot, Michael B Azeez. Lodged proposed order. (bg, ) |
Filing 272
STIPULATION EXTENDING DATES IN LIGHT OF MEDIATION AND ORDER by Judge Margaret M. Morrow : The last date by which Class Representative Plaintiffs may file their Motion for Class Certification, currently set for 3/31/04 is extended by 40 days to 5/10/04. The last day by which Defendants may file any opposition to such Motion for Class Certification, currently set for 7/30/04 is extended by 40 days to 9/8/04. The last day by which Class Representative Plaintiffs may file any response to defendants opposition to Class Represntative Plaintiffs Motion for Class Certification, currently set for 8/27/04 is extended by 40 days to 10/6/04. Hearing on the motion is set for 11/1/04 at 10:00am. The Fact Discovery Cutt Off date currently set for 12/3/04 is extended by 40 days to 1/12/05. The hearing on Plaintiff Wesley West Flexible Partnerships Motion to Compel defendant Union Bank of Californias Response to Interrogatory No 3 currently set for 4/13/04 is continued to 5/11/04.(bg, )
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| Filing 273 NOTICE OF ERRATA REGARDING APPENDIX IN SUPPORT re RENEWED MOTION to Certify Class 264 filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. (bg, ) |
| Filing 271 PROOF OF SERVICE Executed by Union Bank of California N A, upon Reed Slatkin served on 5/7/2004, answer due 5/27/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon Rosa Alfaro, authorized to accept service. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) |
| Filing 270 PROOF OF SERVICE Executed by Imperial Management Inc, upon Reed Slatkin served on 5/7/2004, answer due 5/27/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon Rosa Alfaro, authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) |
| Filing 269 PROOF OF SERVICE filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. re 266 Motion Related Document,, 267 Motion Related Document,, 268 Motion Related Document,, 264 MOTION to Certify Class, 265 Motion Related Document, proposed order was served upon Stephen L Bergh on 5/11/04 by overnight mail (via federal express) (bg, ) |
| Filing 268 APPENDIX IN SUPPORT re MOTION for class certification 264 filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein. Volume 4 fo 4 (bg, ) |
| Filing 267 APPENDIX IN SUPPORT re MOTION for class certification 264 filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. Volume 3 of 4 (bg, ) |
| Filing 266 APPENDIX IN SUPPORT re MOTION for class certification 264 filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. Volume 2 of 4 (bg, ) |
| Filing 265 APPENDIX IN SUPPORT re MOTION for class certification 264 filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. Volume 1 of 4 (bg, ) |
| Filing 264 NOTICE OF MOTION AND RENEWED MOTION for class certification filed by plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein. Memorandum of points and authorities; declaration of Mary Newcombe; Declarations of proposed class plaintiffs Steven J Cobb Motion set for hearing on 6/21/2004 at 10:00 AM before Honorable Margaret M. Morrow. Lodged proposed order. (bg, ) |
| Filing 263 MINUTES OF Motion Hearing held before Judge Carla Woehrle : re MOTION to Compel Answers to Interrogatories of Union Bank of California NA 257 , Stipulation to Compel Answers to Interrogatories 248 , MOTION to Compel Answers to Interrogatories of Union Bank of California NA 246 : Plaintiff's motion is GRANTED. Ambiguity in the interrogatory in question has been clairfied through the meet and confer process. A response to this interrogatory. Tape #: 04-44. (dt, )**SEE ORDER FOR FURTHER DETAILS** Modified on 5/14/2004 (dt, ). |
| Filing 262 ANSWER to Fifth Amended Complaint,, 245 filed by defendant Mary Catherine Leider.(bg, ) |
| Filing 261 CERTIFICATE of Interested Parties filed by Defendant Mary Catherine Leider. (bg, ) |
| Filing 260 ANSWER to Fifth Amended Complaint,, 245 filed by defendant Union Bank of California N A.(bg, ) |
| Filing 259 ANSWER to Fifth Amended Complaint,, 245 filed by defendant Imperial Management Inc.(bg, ) |
| Filing 258 ANSWER to Fifth Amended Complaint,, 245 filed by defendant Bank of Orange County.(bg, ) |
| Filing 257 SECOND AMENDED NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories No 3 of Union Bank of California NA filed by plaintiffs Gregory B Abbot, George V Kriste, Anthony Podell, John K Poitras, Stuart W Stedman, Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd. Motion set for hearing on 5/11/2004 at 10:00 AM before Honorable Margaret M. Morrow. (bg, ) |
| Filing 255 PROOF OF SERVICE filed by plaintiffs as to Supplemental Memorandum of law and supplemental delcaration of Christopher T Casamassima served upon Elizabeth Mann; Mark T Drooks; Steven L bergh and Mary Newcombe on 3/30/04 by mail and facsimile. (bg, ) |
| Filing 254 SUPPLEMENTAL MEMORANDUM in Opposition to MOTION to Compel Answers to Interrogatories of Union Bank of California NA 246 filed by Defendant Union Bank of California N A. (bg, ) |
| Filing 253 SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF re MOTION to Compel Answers to Interrogatories of Union Bank of California NA 246 filed by Plaintiffs Gregory B Abbot, Michael B Azeez, George V Kriste, Sheri L Ockrim, Anthony Podell, John K Poitras, Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd. (bg, ) |
| Filing 252 SUPPLEMENTAL DECLARATION OF CHRISTOPHER T CASAMASSIMA REGARDING THE SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF re MOTION to Compel Answers to Interrogatories of Union Bank of California NA 246 filed by plaintiffs Gregory B Abbot, Michael B Azeez, George V Kriste, Sheri L Ockrim, Anthony Podell, John K Poitras, Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd. (bg, ) |
| Filing 256 AMENDED NOTICE of Motion filed by Plaintiffs Gregory B Abbot, Michael B Azeez, George V Kriste, Sheri L Ockrim, Anthony Podell, John K Poitras, Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd re MOTION to Compel Answers to Interrogatories of Union Bank of California NA 246 : Motion set for hearing on 4/13/2004 at 10:00 AM before Honorable Margaret M. Morrow. (bg, ) |
| Filing 251 NOTICE OF ERRATA filed by Plaintiffs Gregory B Abbot, Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, George V Kriste, Jaroslav J Marik, R Todd Neilson, Sheri L Ockrim, Anthony Podell, John K Poitras, Susan Safirstein, Stuart W Stedman, Stedman West Family Partnership Ltd, Wesley West Minerals Ltd. correcting FIFTH Amended Complaint, 245 (shb, ) |
| Filing 250 PROOF OF SERVICE filed by plaintiffs Gregory B Abbot, Michael B Azeez, George V Kriste, Sheri L Ockrim, Anthony Podell, John K Poitras, Stuart W Stedman, Stedman West Family Partnership Ltd. re 246 MOTION to Compel Answers to Interrogatories of Union Bank of California NA, 247 Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), 248 Stipulation to Compel Answers to Interrogatories, 249 Declaration (Motion related), was served on 3/23/04 by US mail. (shb, ) |
| Filing 249 DECLARATION of Martin H Pritikin re Stipulation to Compel Answers to Interrogatories 248 filed by Defendant Union Bank of California N A. (shb, ) |
| Filing 248 JOINT STIPULATION to Compel Union Bank of California NA Response to Interrogatories No 3 by Gregory B Abbot, Michael B Azeez, Linda A Besserman, Steven M Besserman, George V Kriste, Sheri L Ockrim, Anthony Podell, Stuart W Stedman. (shb, ) |
| Filing 247 DECLARATION of Christopher T Casamassima re MOTION to Compel Answers to Interrogatories of Union Bank of California NA 246 filed by Plaintiff, Gregory B Abbot, Michael B Azeez, Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, George V Kriste, Jaroslav J Marik, R Todd Neilson, Sheri L Ockrim, Anthony Podell, John K Poitras, Susan Safirstein, Stuart W Stedman, Stedman West Family Partnership Ltd, Union Bank of California N A, Wesley West Flexible Partnership, Wesley West Minerals Ltd. (shb, ) |
| Filing 246 NOTICE OF MOTION AND MOTION to Compel Union Bank of California NA to Respond to Wesley West Flexible Partnerships Interrogatory No. 3 filed by Plaintiff, Michael B Azeez, Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, George V Kriste, Jaroslav J Marik, R Todd Neilson, Sheri L Ockrim, Anthony Podell, John K Poitras, Susan Safirstein, Stuart W Stedman, Stedman West Family Partnership Ltd, Union Bank of California N A, Wesley West Flexible Partnership, Wesley West Minerals Ltd. Lodged proposed order. (shb, ) |
| Filing 245 FIFTH AMENDED COMPLAINT against Defendants Bank of Orange County, Does, Imperial Management Inc, Mary Catherine Leider, Union Bank of California N A amending Amended Complaint 212 ; Jury Demand,filed by plaintiffs Gregory B Abbot, Michael B Azeez, Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, George V Kriste, Jaroslav J Marik, R Todd Neilson, Sheri L Ockrim, Anthony Podell, John K Poitras, Susan Safirstein, Stuart W Stedman, Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd (shb, ) |
Filing 244
STIPULATION AND ORDER by Judge Margaret M. Morrow : allowing plaintiff to file a fifth amended complaint. Defendants will have 20 days to respond to the complaint from the date it is filed.(shb, )
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Filing 243
STIPULATION AND ORDER by Judge Margaret M. Morrow : Plaintiffs first cause of action for aiding and abetting breach of fiduciary duty is dismissed without leave to amend as to defendant Leider, but only in regard to claims from non-account holder plaintiffs. Plaintiffs second cause of action for aiding and abetting fraud is dismissed wihtout leave to amend as to defendant Leider, but only in regard to claims from non account holder plaintiffs. Plaintiffs eighth cause of action for violation of Business and Professions Code 17200 is dismissed without leave to amend as to defendant Leider. The hearing scheduled for 3/1/04 to consider defendant Leiders motion for dismissal is cancelled. All parties to this action are to bear their own fees and costs (bg, )
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| Filing 241 JOINT Report filed by Plaintiffs Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, Jaroslav J Marik, Susan Safirstein re briefing schedule for certification motion. (sv) |
| Filing 239 REPLY MEMORANDUM IN SUPPORT Motion to Dismiss the first, second and eight causes of action of plaintiffs fourth amended complaint 226 filed by Defendant Mary Catherine Leider. (bg, ) |
| Filing 238 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 02/02/04 Court Reporter: David A. Salyer (wdc, ) |
| TRANSCRIPT filed for proceedings held on 02/02/04. Court Reporter: David A. Salyer. (wdc, ) |
| Filing 242 MINUTES OF In Chambers before Judge Margaret M. Morrow : Acter conferring with counsel, the Court schedules the following dates: Motion deadline 3/15/04. Amended Pleadings due by 3/15/2004. Discovery cut-off 12/3/2004. Court Trial set for 4/26/2004 08:30 AM before Honorable Margaret M. Morrow. Pretrial Conference set for 3/28/2004 09:00 AM before Honorable Margaret M. Morrow. Further Telephone Conference set for 10/28/2004 05:00 PM before Honorable Margaret M. Morrow. The parties shall meet and confer within ten days regarding the scheduling of a class certification motion. Court Reporter: David Salyer. (bg, ) |
| Filing 240 MINUTES OF In Chambers before Judge Margaret M. Morrow : Scheduling Conference held. Amended Pleadings due by 3/15/2004. Discovery cut-off 12/3/2004. Motions due by 3/15/2004. Court Trial set for 4/26/2005 08:30 AM before Honorable Margaret M. Morrow. Pretrial Conference set for 1/7/2005 09:00 AM before Honorable Margaret M. Morrow. Telephone Conference set for 10/28/2004 05:00 PM before Honorable Margaret M. Morrow. Motions hearing cut off: 2/28/05 at 10:00am Court Reporter: David Salyer. (bg, ) |
| Filing 237 PROOF OF SERVICE filed by plaintiffs Gregory B Abbot, Michael B Azeez, Linda A Besserman, Steven M Besserman, California Community Foundation, Cynthia Jackson, Ric Jackson, Anita Kaplan, Michael Kaplan, George V Kriste, Jaroslav J Marik, R Todd Neilson, Sheri L Ockrim, Anthony Podell, John K Poitras, Susan Safirstein, Stuart W Stedman, Stedman West Family Partnership Ltd, Wesley West Flexible Partnership, Wesley West Minerals Ltd. re 235 Supplement (non-motion), 236 Joint Report Rule 26(f) Discovery Plan, was served on 1/23/04. (rrey, ) |
| Filing 236 SUPPLEMENTAL JOINT REPORT Rule 26(f) filed; estimated length of trial 10-12 days. (rrey, ) |
| Filing 235 SUPPLEMENT to plaintiffs and defendants Supplemental Joint Rule 26(F) Report filed by plaintiffs. (rrey, ) |
Filing 234
STIPULATION AND ORDER MODIFYING PROTECTIVE ORDER (Addendum one) by Judge Carla Woehrle: Now therefore, the parties stipulate The Slatkin Transcripts produced by plaintiffs may only be disclosed to the following persons: provided, however, that they review the provisions of the Protective Order and agree to be bound by its terms: This stipulation constitutes an addendum to the Protective Order. Excepressly set forth herein, all terms and conditions of the Protective Order remain unchanged and are hereby expressly ratified (see document for further details(bg, )
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| Filing 233 OPPOSITION to Motion to Dismiss the first, second and eight causes of action 226 filed by Plaintiffs Michael B Azeez, R Todd Neilson, Sheri L Ockrim, Anthony Podell, John K Poitras, Stuart W Stedman, Stedman West Family Partnership Ltd, Wesley West Minerals Ltd. (bg, ) |
| Filing 232 THIRD PARTY COMPLAINT against Denfendant Reed Slatkin , filed by Defendant Union Bank of California N A. Issued summons on third party complaint(bg, ) |
Filing 231
NOTICE OF DISCREPANCY AND ORDER: by Judge Margaret M. Morrow, ORDERING Third party complaint submitted by Defendant Union Bank of California N A received on 1/9/04 is not to be filed but instead rejected. Denial based on: caption for third party complaint missing. No certification of interested parties.(bg, )
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| Summons Issued re Third Party Complaint 230 as to Reed Slatkin. (bg, ) |
| Filing 230 THIRD PARTY COMPLAINT against Reed Slatkin , filed by Defendant Imperial Management Inc.(bg, ) |
| Summons Issued re Third Party Complaint 232 as to Reed Slatkin. (bg, ) |
| Filing 229 Notice of hearing date by defendant Mary Catherine Leider to motion to dismiss the first, second and eighth causes of action of plaintiffs' fourth amended complaint [226-1] (bg) |
| Filing 228 ANSWER filed by defendant Bank of Orange Cnty to fourth amended complaint [212-1] (bg) |
| Filing 227 ANSWER filed by defendant Union Bank of CA N A to fourth amended complaint [212-1] (bg) |
| Filing 225 ANSWER filed by defendant Imperial Management Incorporated to fourth amended complaint [212-1] (mg) |
| Filing 226 NOTICE OF MOTION AND MOTION by defendant Mary Catherine Leider to dismiss the first, second and eighth causes of action of plaintiffs' fourth amended complaint ; memorandum of points and authorities; motion hearing set for 3/1/04 at 10:00 (mg) |
Filing 224
STIPULATION and ORDER by Judge Margaret M. Morrow, the time for IMI to file a motion to strike portions of plaintiffs' fourth amended complaint, if any, shall be extended until March 31, 2004. The time for the Bank Defendants to file any counterclaims against the Reed Slatkin Investment Club LP, if any, shall be extended until March 31, 2004 (bg)
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Filing 223
ORDER by Judge Margaret M. Morrow granting motion for review and reconsideration of Magistrate Woehrle's Ruling re: renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [204-1] (bg)
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Filing 222
MINUTES: In Chambers-Court Order scheduling conference set for 9:00 2/2/04 Counsel are directed to comply with Rule 26(f) of the FRCP in a timely fashion and to file a Joint Rule 26(f) Report on or before January 23, 2004 by Judge Margaret M. Morrow CR: N/A (bg)
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| Filing 221 NOTICE OF ERRATA by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot, plaintiff Wesley West Minerals, plaintiff Sheri L Ockrim correcting fourth amended complaint [212-1] (bg) |
| Filing 220 Government's Position regarding discovery issue; Declaration of Steven J Olson (bg) |
| Filing 219 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 12/1/03 (Re: ) CR: David Salyer (pjap) |
| TRANSCRIPT filed for proceedings held on 12/1/03 (pjap) |
Filing 218
STIPULATION and ORDER by Judge Margaret M. Morrow extending time to answer fourth amended complaint [212-1] to 12/26/03 as to defendant Union Bank of CA N A, defendant Imperial Management, defendant Bank of Orange Cnty, defendant Mary Catherine Leider (bg)
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| Filing 217 REPLY MEMORANDUM IN SUPPORT by defendant Union Bank of CA N A to motion for review and reconsideration of Magistrate Woehrle's Ruling re: renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [204-1] Supplemental declaration of Martin H Pritikin and exhibit (bg) |
| Filing 216 RETURN OF ORIGINAL SUMMONS AND PROOF OF SERVICE on Attorneys Christopher Tayback, Steven L Bergh, Mary Newcombe, Elizabeth and Mark T Drooks Service by (statute not cited) on 11/17/03 via mail by serving summons; fourth amended comlaint (bg) Modified on 11/19/2003 |
| Filing 215 PROOF OF SERVICE by plaintiff on 11/17/03 of opposition to motion for review and reconsideration of Magistrate Woehrle's ruling; declaration served Christopher Tayback; Steven L Bergh; Marh Newcombe; Elizabeth Mann and Mark T Drooks by mail and facsimile (bg) |
| Filing 214 DECLARATION of R Alexander Pilmer by plaintiff re motion for review and reconsideration of Magistrate Woehrle's Ruling re: renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [204-1] (bg) |
| Filing 213 RENEWED MOTION by plaintiffs to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs (bg) |
| Filing 212 FOURTH AMENDED COMPLAINT [1-1] by plaintiffs terminating defendant Comerica Bank; jury demand. Summons issued (bg) |
Filing 211
ORDER by Judge Margaret M. Morrow granting Comerica Bank's motion to dismiss third amended complaint [142-1] with prejudice; GRANT in part DENY in part motion to dismiss third amended complaint [141-1], GRANT in part DENY in part motion to dismiss plaintiffs' third amended complaint [138-1], GRANT in part DENY in part motion to dismiss plaintiffs' third amended complaint [145-1], GRANT in part DENY in part motion to dismiss plaintiffs' third amended complaint [166-1], granting motion to strike portions of plaintiffs' third amended complaint [150-1] The court grants with leave to amend (1) the motions of Bank of Orange County and Leider to dismiss plaintiffs' fraud and negligent misrepresentation claims; and (2) Leider's motion to dismiss plaintiffs' claims for breach of fiduciary duty and constructive fraud. The court grants in part and denies in part (1) Imerial's motion to dismiss plaintiffs' claim to avoid and recover intentional fraudulent transfers using a seven-year reach back period; and (2) Leider's motion to dismiss plaintiffs claims for aiding and abetting. Plaintiffs are given leave to amend these claims to address the deficiencies noted in this order. The court denies (1) the motiuon of Imperial Management, Union Bank, and Bank of Orange County to dismiss plaintiffs' claims for breach of fiduciary duty constructive fraud, negligence, and violation of Business & Professions Code 17200 and (3) the motions of Union Bank and Bank of Orange County to dismiss all claims of plaintiff Fred Ockrim with prejudice Finally, the Court grants Union Bank's motion to strike the first sentence of paragraph 90 and the entirety of paragraph 102. Plaintiffs may file an amended complaint within twenty days of the date of this order (bg)
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| Filing 210 MINUTES: Setting amount of attorney fees awarded pursuant to Rule 41(d) ; The total amount awarded for fees is $79,430.50. Plaintiff's are directed to pay this amount to Union Bank through its counsel on or before December 15, 2003 by Judge Margaret M. Morrow CR: N/A (shb) |
| Filing 209 MINUTES: finding the motion to dismiss plaintiffs' second amended complaint [133-1] moot. by Judge Margaret M. Morrow CR: N/A (bg) |
| Filing 208 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 9/23/03 (Re: ) CR: Valori Weber (pjap) |
| TRANSCRIPT filed for proceedings held on 9/23/03 (pjap) |
| Filing 207 AMENDMENT by defendant Union Bank of CA N A to Union Bank of California's motion for review and reconsideration of Magistrate Woehrle's ruling re renewed motion to compel production of the sworn testimony of Reed Slakin withheld by plaintiffs [204-1] (bg) |
| Filing 206 PROOF OF SERVICE by defendant Union Bank of CA N A on 10/7/03 of declaration; proposed order; notice of motion served Chris Casamassima, Esq; Elizabeth Mann; Steven Bergh; Christopher Caldwell and Mark T Drooks by mail (bg) |
| Filing 205 DECLARATION of Martin H Pritikin in support by defendant Union Bank of CA N A re motion for review and reconsideration of Magistrate Woehrle's Ruling re: renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [204-1] (bg) |
| Filing 204 NOTICE OF MOTION AND MOTION by defendant Union Bank of CA N A for review and reconsideration of Magistrate Woehrle's Ruling re: renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs ; motion hearing set for 10:00 12/1/03 Lodged proposed order (bg) |
| Filing 203 MINUTES: denying without prejudice motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] No changed circumstances or new factors warrant reconsideration of the court's previous determination that work product protection applies and that substantial need has not been demonstrated by Discovery Carla M. Woehrle CR: 03-65 (bg) |
| Filing 202 DECLARATION of Robert Pryor in support of supplemental brief of defendants Union Bank of CA N A, and Imperial Management re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] (el) |
| Filing 201 SUPPLEMENTAL BRIEF by defendants Union Bank of CA N A, and Imperial Management to the Renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] (el) |
| Filing 200 NOTICE OF DISCREPANCY AND ORDER by Discovery Carla M. Woehrle ordering Joint stipulation for renewed motion to compel; declarations submitted by defendant Union Bank of CA N A, defendant Imperial Management received on 9/2/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (bg) |
| Filing 199 PROOF OF SERVICE by defendant Union Bank of CA N A on 9/2/03 of Joint stipulation; declarations served Amanda Wong, Esq and Elizabeth Mann by mail (bg) |
| Filing 198 DECLARATION of Robert N Kwan by plaintiffs re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] (bg) |
| Filing 197 DECLARATION of R Alexander Pilmer by defendant Union Bank of CA N A, defendant Imperial Management re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] (bg) |
| Filing 196 DECLARATION of Frederick D Friedman by plaintiffs re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] (bg) |
| Filing 195 DECLARATION of Christopher Tayback in support by defendant Comerica Bank-California and, defendant Imperial Management re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [194-1] (bg) Modified on 09/04/2003 |
| Filing 194 JOINT STIPULATION by defendant Union Bank of CA N A, defendant Imperial Management for renewed motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs motion hearing set for 10:00 9/23/03 (bg) |
Filing 193
ORDER by Judge Margaret M. Morrow granting motion to deny class certification due to inadequacy of representation [71-1] This ruling is without prejudice to the right of the class to emply new counsel and thereafter to move for certification of the class and subclass defined in the complaint (bg)
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Filing 192
ORDER by Judge Margaret M. Morrow GRANT in part DENY in part request judicial notice [143-1] Plaintiffs do not contend that item 11 is an inaccurate copy of Kirkland's letter or of the letters from investors Laing and melrose that are attached. Accordingly, the court will consider these documents in ruling on defendants' motion to deny class certification (bg)
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| Filing 191 RESPONSE by defendant Union Bank of CA N A to Plaintiffs' objection to further revised accounting statement pursuant to the court's order re motion for costs (seal) |
| Filing 190 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 07/21/03. CR: D. Salyer. (cbr) |
| TRANSCRIPT filed for proceedings held on 07/21/03. (cbr) |
| Filing 189 OBJECTIONS filed by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot to further revised accounting statement [184-1] (bg) |
| Filing 188 MINUTES: that the motion to strike portions of plaintiffs' third amended complaint [150-1] is submitted, that the motion to dismiss third amended complaint [141-1] is submitted, that the motion to dismiss third amended complaint [142-1] is submitted, that the motion to dismiss plaintiffs' third amended complaint [138-1] is submitted, that the motion to dismiss plaintiffs' third amended complaint [145-1] is submitted, that the motion to dismiss plaintiffs' third amended complaint [166-1] is submitted by Judge Margaret M. Morrow CR: David Salyer (bg) |
| Filing 187 PROOF OF SERVICE by defendant Union Bank of CA N A on 7/7/03 of Further revised accounting statement; declarations served Chris Casamassima, Esq; Steven Bergh; Elizabeth Mann; Christopher Caldwell and Mark T Drooks by mail (bg) |
| Filing 186 DECLARATION of Glenn A Ballard Jr in support of defendant Union Bank's further revised accounting statement by defendant Union Bank of CA N A re motion for costs [55-1] (bg) |
| Filing 185 DECLARATION of Christopher Tayback in support of Defendant Union Bank's further revised accounting statement by defendant Union Bank of CA N A re motion for costs [55-1] (bg) |
| Filing 184 FURTHER REVISED ACCOUNTING STATEMENT pursuant to the Court's order by defendant Union Bank of CA N A re motion for costs [55-1] (bg) |
| Filing 183 OPPOSITION by plaintiffs to motion to dismiss plaintiffs' third amended complaint [166-1], motion to dismiss plaintiffs' third amended complaint [145-1], motion to dismiss third amended complaint [142-1], motion to dismiss third amended complaint [141-1], motion to dismiss plaintiffs' third amended complaint [138-1], motion to dismiss plaintiffs' second amended complaint [133-1] (bg) |
| Filing 182 REPLY IN SUPPORT by defendant Mary Catherine Leider to motion to dismiss plaintiffs' third amended complaint [166-1] (bg) |
| Filing 173 NOTICE OF ENTRY of Order Continuing Hearing Date on Defendants' Motions to Dimiss & Strike Plaintiff's 3rd Amended Complaint by defendant Mary Catherine Leider (yl) |
| Filing 181 PROOF OF SERVICE by defendant Union Bank of CA N A on 6/30/03 of Reply Memorandum in support of Union Bank of California, N.A.'s Motion to Strike Plaintiff's 3rd Amended Complaint, etc (see proof for other documents served) (yl) |
| Filing 180 MEMORANDUM IN SUPPORT by defendant Union Bank of CA N A of motion to dismiss plaintiffs' third amended complaint [138-1] (yl) |
| Filing 179 REPLY MEMORANDUM IN SUPPORT by defendant Union Bank of CA N A of motion to strike portions of plaintiffs' third amended complaint [150-1] (yl) |
| Filing 178 REQUEST by defendant Union Bank of CA N A for Judicial Notice re motion to dismiss plaintiffs' third amended complaint [138-1]; Memorandum of Points & Authorities; Declaration of Martin H Pritikin & Exhibits (yl) |
| Filing 177 PROOF OF SERVICE by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Gregory B Abbot & plaintiff Sheri L Ockrim on 6/30/03 of Plaintiff's Opposition to Mary Leider's Motion to Dismiss, etc (see proof of service for other documents served) (yl) |
| Filing 176 DECLARATION of Christopher T Casamassima by plaintiffs R Todd Neilson, Wesley West Flexible, Stedman West Family, Anthony Podell, Sheri L Ockrim in support of opposition to motion to dismiss plaintiffs' third amended complaint [166-1] (yl) |
| Filing 175 DECLARATION of Paul S Brown by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Anthony Podell, plaintiff Gregory B plaintiff Sheri L Ockrim in support of opposition to motion to dismiss plaintiffs' third amended complaint [166-1] (yl) |
| Filing 174 OPPOSITION by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot, plaintiff Stuart W Stedman, plaintiff Wesley West Minerals, plaintiff Michael B Azeez, plaintiff Michael B Azeez, plaintiff Michael B Azeez, plaintiff Michael B Azeez, plaintiff Sheri L Ockrim, plaintiff Steven M Besserman, plaintiff Linda A Besserman, plaintiff Ric Jackson, plaintiff Cynthia Jackson, plaintiff Anita Kaplan, plaintiff Michael Kaplan, plaintiff Susan Safirstein, plaintiff Jaroslav J Marik, plaintiff CA Community Fdn to motion to dismiss plaintiffs' third amended complaint [166-1] (yl) |
| Filing 172 REPLY BRIEF by defendant Comerica Bank, defendant Imperial Management in support of motion to dismiss third amended complaint [141-1] (yl) |
| Filing 171 REPLY BRIEF by defendant Comerica Bank, defendant Imperial Management in support of motion to dismiss third amended complaint [142-1] (yl) |
Filing 169
STIPULATION and ORDER by Judge Margaret M. Morrow that the hearing on motion to dismiss plaintiffs' third amended complaint [166-1], hearing on motion to dismiss plaintiffs' third amended complaint [145-1], hearing on motion to strike portions of plaintiffs' third amended complaint [150-1], hearing on motion to dismiss third amended complaint [142-1], hearing on motion to dismiss third amended complaint [141-1], hearing on motion to dismiss plaintiffs' third amended complaint [138-1] and hearing on motion to dismiss plaintiffs' second amended complaint [133-1] is CONTINUED to 10:00 7/21/03. The briefing schedule however, will remain unchanged. Opposition briefs are due by 6/30/03 and reply briefs are due by 7/7/03. (jag)
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| Filing 170 REPLY by defendant Bank of Orange Cnty to response to Plaintiff's Opposition to motion to dismiss plaintiffs' third amended complaint [145-1] (yl) |
| Filing 168 MINUTES by Judge Margaret M. Morrow: Proceedings: Order awarding fees and costs to defendant Comerica and directing defendant Union Bank to file a further accounting. The Court finds Union Bank's revised statement insufficient to ascertain the amount of fees and costs to which it is entitled under th 3/31/03. Union Bank is directed to file a revised statement of fees and costs consistent with this order no later than 7/7/03. CR: (N/A) (mg) |
Filing 164
NOTICE OF DISCREPANCY AND ORDER by Judge Margaret M. Morrow ordering Notice of motion & motion to dismiss notice of joinder in the motion to dismiss, Notice of joinder in motion to strike received on 6/23/03 to be filed and processed; file date to be the date doc was stamped "received but not filed with the Clerk . LR 6-1, Written notice of motion lacking or timeliness of notice incorrect; Next available date is 7/28/03 (mg)
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| Filing 167 JOINDER by defendant Mary Catherine Leider joining motions to dismiss plaintiffs' third amended complaint [138-1], [142-1], [141-1], [145-1] filed by Union Bank of CA, Comerica Bank, Imperial Management and Bank of Orange County (mg) |
| Filing 166 NOTICE OF MOTION AND MOTION by defendant Mary Catherine Leider to dismiss plaintiffs' third amended complaint ; motion hearing set for 7/14/03 at 10:00 (mg) |
| Filing 165 JOINDER by defendant Mary Catherine Leider joining motion to strike portions of plaintiffs' third amended complaint [150-1] filed by Union Bank of CA (mg) |
| Filing 163 NOTICE OF ERRATA regarding their oppositions by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez correcting motion to dismiss third amended complaint [141-1] and Notice of Joinder (bg) |
Filing 162
NOTICE OF DISCREPANCY AND ORDER by Judge Margaret M. Morrow ordering oppositions; declaration submitted by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot received on 6/9/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (bg)
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| PLACED IN FILE - NOT USED proposed order granting Union Bank of CA motion for costs pursuant to Rule 41(D) (bg) |
| Filing 156 PROOF OF SERVICE by plaintiff on 6/9/03 of oppositions; and declaration served Christopher Tayback and Elizabeth Mann by mail and facsimile (bg) |
| Filing 161 DECLARATION of Christopher T Casamassima in support of plaintiffs' oppositions by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot re motion to dismiss plaintiffs' third amended complaint [145-1], motion to dismiss plaintiffs' third amended complaint [138-1], motion to dismiss third amended complaint [142-1] (bg) |
| Filing 160 OPPOSITION by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot to motion to dismiss third amended complaint [141-1] (bg) |
| Filing 159 OPPOSITION by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot to motion to dismiss plaintiffs' third amended complaint [145-1] (bg) |
| Filing 158 OPPOSITION by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot to motion to strike portions of plaintiffs' third amended complaint [150-1], motion to dismiss plaintiffs' third amended complaint [138-1] (bg) |
| Filing 157 OPPOSITION by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot to motion to dismiss third amended complaint [142-1] (bg) |
| Filing 155 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 05/13/03. CR: V. Weber. (cbr) |
| TRANSCRIPT filed for proceedings held on 05/13/03. (cbr) |
| Filing 154 RETURN OF ORIGINAL SUMMONS AND PROOF OF SERVICE executed upon defendant Mary Catherine Leider; Service by (statute not cited) on 6/2/03 via personal service by serving summons and third amended complaint to Mark T Drooks, Attorney (bg) |
Filing 153
ORDER by Discovery Carla M. Woehrle denying without prejudice motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] The transcripts of the Slatkin interviews are protected by the attorney work product rule, and such attorney work product protection has not been waived. Union Bank of CA and Imperial Mnagement Incorporated have not shown substantial need for access to the transcripts (bg)
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| SUMMONS issued (bg) |
| Filing 151 JOINDER by defendant Bank of Orange Cnty joining motion to dismiss third amended complaint [142-1], motion to dismiss third amended complaint [141-1], motion to dismiss plaintiffs' third amended complaint [138-1] (bg) |
| Filing 149 PROOF OF SERVICE by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot on 5/15/03 of stipulation re filing of third amneded complaint and proposed order, third amended complaint served Christopher Tayback; Steven L Bergh; David hirsch and Mark T Drooks by mail; via facsimile and via personal service (bg) |
| Filing 148 DEMAND for jury trial by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot (bg) |
| Filing 147 THIRD AMENDED COMPLAINT [1-1] by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot; adding Stuart W Stedman, Wesley West Minerals, Michael B Azeez, Michael B Azeez, Michael B Azeez, Michael B Azeez, Sheri L Ockrim, Steven M Besserman, Linda A Besserman, Ric Jackson, Cynthia Jackson, Anita Kaplan, Michael Kaplan, Susan Safirstein, Jaroslav J Marik, CA Community Fdn, Mary Catherine Leider; jury demand. Summons not issued (bg) |
| Filing 145 NOTICE OF MOTION AND MOTION by defendant Bank of Orange Cnty to dismiss plaintiffs' third amended complaint ; motion hearing set for 10:00 7/14/03 (bg) |
Filing 144
STIPULATION RE FILING OF THIRD AMENDED COMPLAINT and ORDER by Judge Margaret M. Morrow. It is ordered that plaintiffs will amend the SAC to: withdraw Count XI; withdraw a request for statutory penalities under Cal Bus & Prof Code 17200 et seq; (see actual document for further details) (bg)
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| Filing 152 JOINDER by defendant Union Bank of CA N A joining motion to dismiss plaintiffs' third amended complaint [145-1], request judicial notice [143-1], motion to dismiss third amended complaint [142-1] lodged proposed order (bg) |
| Filing 150 NOTICE OF MOTION AND MOTION by defendant Union Bank of CA N A to strike portions of plaintiffs' third amended complaint ; motion hearing set for 10:00 7/14/03 Lodged proposed order (bg) |
| Filing 146 REQUEST by defendant Bank of Orange Cnty for Judicial Notice re motion to dismiss plaintiffs' third amended complaint [145-1] (bg) |
| Filing 143 REQUEST by defendant Comerica Bank, defendant Imperial Management for Judicial Notice re motion to dismiss third amended complaint [142-1], re motion to dismiss third amended complaint [141-1] (bg) |
| Filing 142 NOTICE OF MOTION AND MOTION by defendant Comerica Bank to dismiss third amended complaint ; motion hearing set for 10:00 7/14/03 (bg) |
| Filing 141 NOTICE OF MOTION AND MOTION by defendant Imperial Management to dismiss third amended complaint ; motion hearing set for 10:00 7/14/03 (bg) |
| Filing 140 PROOF OF SERVICE by defendant Union Bank of CA N A on 5/19/03 of Notice of Motion and Motion to Dismiss third amended complaint; proposed order; Request for Judicial Notice; Notice of Joinder served Chris Casamassima, Esq; Steven Bergh; Elizabeth Mann; Christopher Caldwell by personal service (bg) |
| Filing 139 REQUEST by defendant Union Bank of CA N A for Judicial Notice re motion to dismiss plaintiffs' third amended complaint [138-1] (bg) |
| Filing 138 NOTICE OF MOTION AND MOTION by defendant Union Bank of CA N A to dismiss plaintiffs' third amended complaint ; motion hearing set for 10:00 7/14/03 (bg) |
| Filing 137 Proof of Service - ACKNOWLEDGEMENT of Receipt Of Third Amended Complaint mailed on 5/15/03 received by Mark T Drooks, Attoreny for Mary Catherine Leider (bg) |
| Filing 136 MINUTES: denying without prejudice motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] Counsel for plaintiff to prepare a proposed order for issuance by the Court by Discovery Carla M. Woehrle CR: 03-36 (@1719-6492) (bg) |
| Filing 135 NOTICE OF INTERESTED PARTIES filed by defendant Bank of Orange Cnty (bg) |
| Filing 134 REQUEST by defendant Bank of Orange Cnty for Judicial Notice re motion to dismiss plaintiffs' second amended complaint [133-1] (bg) |
| Filing 133 NOTICE OF MOTION AND MOTION by defendant Bank of Orange Cnty to dismiss plaintiffs' second amended complaint ; motion hearing set for 10:00 7/14/03 (bg) |
| Filing 132 RESPONSE to plaintiffs' objections to revised accounting statement pursuant to the court's order by defendant Union Bank of CA N A re motion for costs pursuant to Rule 41(d) [60-1] Lodged propoed order (bg) |
| Filing 131 DECLARATION of Elizabeth Mann in support of supplemental brief by defendant Union Bank of CA N A re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 130 Supplemental Brief re by defendant Imperial Management, defendant Union Bank of CA N A to motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 129 RETURN OF ORIGINAL SUMMONS AND PROOF OF SERVICE executed upon Mary Catherine Leider; Service by (statute not indicated) on 4/28/03 via personal service by serving summons and second amended com to Mark T Drooks, Attorney (bg) |
Filing 128
STIPULATION and ORDER by Judge Margaret M. Morrow extending time to answer amended complaint [122-1] to 5/15/03 as to defendant Union Bank of CA N A Plaintiffs' opposition papers to the motions filed by defendants on May 15, 2003 shall be filed and served by June 9, 2003. Defendants' reply papers shall be filed and served by June 30, 2003. the hearing on the motions shall take place on July 14, 2003 (bg)
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Filing 127
STIPULATION and ORDER by Judge Margaret M. Morrow, if the West plaintiffs have not filed a notice of proof of payment within ten days of the date of any order by this court specifying the amount of costs that must be paid to defendants pursuant to FRCP (b), then the matter shall be stayed as to all further proceedings (bg)
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| SUMMONS issued (bg) |
| Filing 126 OBJECTIONS filed by plaintiffs to statement [120-1] (bg) |
Filing 123
NOTICE OF DISCREPANCY AND ORDER by Judge Margaret M. Morrow ordering second amended complaint submitted by plaintiff received on 4/14/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (bg)
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| Filing 121 DEMAND for jury trial by plaintiffs (el) |
| Filing 125 AMENDED NTOICE OF INTERESTED PARTIES filed by plaintiff R Todd Neilson, plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot (bg) |
| Filing 124 PROOF OF SERVICE by plaintiff on 4/14/03 of second amended complaint and amended notice of interested parties served Christopher Tayback; Elizabeth Mann and Steven L Bergh by messenger and via facsimile (bg) |
| Filing 122 SECOND AMENDED COMPLAINT [1-1] by plaintiff Wesley West Flexible, plaintiff Stedman West Family, plaintiff Stuart W Stedman, plaintiff George V Kriste, plaintiff John K Poitras, plaintiff Michael B Azeez, plaintiff Anthony Podell, plaintiff Gregory B Abbot; jury demand. Summons not issued (bg) |
| Filing 120 REVISED ACCOUNTING STATEMENT by defendant Union Bank of CA N A pursuant to the Court's Order re motion for costs [60-1]; Declaration of Naomi J Harlin and exhibits (nhac) |
| Filing 119 JOINDER by defendant Bank of Orange County joining motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (nhac) |
| Filing 118 Amended accounting STATEMENT pursuant to order on by defendant Comerica Bank, defendant Imperial Management re motion for costs pursuant to Rule 41(d) [60-1] (bg) |
| Filing 112 NOTICE by defendant Union Bank of CA N A of resetting hearing on motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] 10:00 5/13/03 (bg) |
| Filing 117 DECLARATION OF PERSONAL SERVICE by defendant Union Bank of CA N A on 4/7/03 of Joint stipulation for motion to compel production of sworn testimony of Reed Slatkin;d eclarations served Chris Casamassima, Esq Steven Bergh and Elizabeth Mann by personal service (bg) |
| Filing 116 DECLARATION of Paul S Brown in support of oppsoition by plaintiff re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 115 DECLARATION of R Alexander Pilmer in support of opposition by plaintiff re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 114 DECLARATION of Carolyn Broderick in support of opposition by plaintiff re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 113 DECLARATION of Linda English in support of opposition by plaintiff re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 111 DECLARATION of Brian A Procel in support by defendant Comerica Bank, defendant Imperial Management re motion to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs [110-1] (bg) |
| Filing 110 JOINT STIPULATION FOR NOTICE OF MOTION AND MOTION by defendant Imperial Management to compel production of the sworn testimony of Reed Slatkin withheld by plaintiffs motion hearing set for 10:00 4/29/03 (bg) |
| Filing 109 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 3/10/03 (Re:) CR: Gail Peeples. (ghap) |
| TRANSCRIPT filed for proceedings held on 3/10/03. (ghap) |
| Filing 108 MINUTES: granting in part motion to compel production of responsive documents [99-1] The documents and/or other responsive information ordered are to be provided within twenty days of the date of this order. No production is required in response to Requests Nos 2, 4, 7, 9, 12, 15, 17 and 19, which refer or relate to Class members by Discovery Carla M. Woehrle CR: 03-18 (bg) |
| PLACED IN FILE - NOT USED proposed order granting Union Bank of CA N.A.'s motion for costs pursuant to Rule 41(D) (bg) |
Filing 107
ORDER by Judge Margaret M. Morrow GRANT in part DENY in part Defendant Union Bank of California's motion for costs pursuant to Rule 41(d) [60-1], GRANT in part DENY in part Defendants Comerica Bank and Imperial Management's motion for costs [55-1] Specifically it finds that (1) Union Bank is entitled to recover the costs and fees incurred in removing the West action from Texas state court to federal court, opposing the West plaintiffs' motion to remand and for abstention, moving to transfer West to the Central District of CA, moving to dismiss the breach of contract claim asserted in all three West complaints and moving to dismiss for failure to name Reed Slatkin as an indispensable party under Rule 19. The court further finds that Comerica is entitled to recover the costs and fees inclurred in filing of a notice of withdrawal of its motion to dismiss the West second amended complaint. The court denies defendants' motions for costs as respect the remaining West motions to dismiss. Defendants are instructed to file within ten days of the date of this order revised accounting statements identifying the fees and costs incurred in connection with the motions and proceedings for which a Rule 41(d) award is authorized. The court stays all further proceedings in this case pending payment of these fees by the West plaintiffs (bg)
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Filing 106
MINUTES: order to show cause why these actions should not be consolidated is discharged by Judge Margaret M. Morrow CR: None (bg)
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| Filing 105 MINUTES: resetting hearing on motion to compel production of responsive documents [99-1] 10:00 4/1/03 by Discovery Carla M. Woehrle CR: None (bg) |
| Filing 104 Supplemental memorandum of plaintiff R Todd Neilson by plaintiffs to motion to compel production of responsive documents [99-1] (bg) |
| Filing 103 Supplemental MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by defendant Bank of Orange Cnty of motion to compel production of responsive documents [99-1] (bg) |
| Filing 102 MINUTES: granting motion to deny class certification due to inadequacy of representation [71-1], that the motion for costs pursuant to Rule 41(d) [60-1] is submitted by Judge Margaret M. Morrow CR: Gail Peeples (bg) |
| Filing 100 Joint stipulation filed concurrently by defendant Bank of Orange Cnty to motion to compel production of responsive documents [99-1] (bg) |
| Filing 99 NOTICE OF MOTION AND MOTION by defendant Bank of Orange Cnty to compel production of responsive documents motion hearing set for 10:00 3/25/03 (bg) |
| Filing 101 Notice of lodgement of the declaration of Chris Alamnd in support of plaintiff R Todd Neilson's Joint Stipulation by plaintiff re motion to compel production of responsive documents [99-1] (bg) |
| Filing 98 Notice of lodgment of Kirkland & Ellis' RESPONSE to Comerica's objection to supplemental disclosure filed in connection with in re Slatkin, Bankruptcy case No ND 01-11549-RR by plaintiffs (bg) |
Filing 97
ORDER by Judge Margaret M. Morrow granting motion to dismiss first amended complaint [23-1], GRANT in part DENY in part motion to dismiss plaintiffs first amended complaint [15-1], GRANT in part DENY in part motion to dismiss first amended complaint [22-1], GRANT in part DENY in part motion to dismiss first amended complaint [11-1], GRANT in part DENY in part motion to strike portions of the complaint [21-1] Plaintiffs are directed to file any amended complaint within 20 days of the date of this order (bg)
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| PLACED IN FILE - NOT USED proposed order granting Union Bank of CA N.A.'s motion to dismiss plaintiffs' first amended complaint (bg) |
| Filing 96 SECOND REQUEST by defendants Comerica Bank, Imperial Management for Judicial Notice in support of reply brief in support of motion to deny class certification due to inadequacy of representation [71-1] (jp) |
| Filing 95 DECLARATION of ELIZABETH D. MANN by defendants Comerica Bank, Imperial Management in support of reply brief motion to deny class certification due to inadequacy of representation [71-1] (jp) |
| Filing 94 REPLY BRIEF by defendants Comerica Bank, Imperial Management in support of motion to deny class certification due to inadequacy of representation [71-1] (jp) |
Filing 93
STIPULATION and ORDER by Judge Margaret M. Morrow re protective order Entire pleadings may not be placed under seal; only those portions containing confidential material may be filed under seal (bg)
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| Filing 92 DECLARATION of R Todd Neilson by plaintiffs in support of plaintiffs' opposition to Comerica's motion to deny class certification due to inadequacy of [71-1] (nhac) |
| Filing 91 DECLARATION of Stuart W Stedman by plaintiff in support of plaintiffs' opposition to Comerica's motion to deny class certification due to inadequacy of counsel [71-1] (nhac) |
| Filing 90 PROOF OF SERVICE by plaintiff on 2/3/03 of Plaintiffs' opposition to defendants' motion to deny class certification due to inadequacy of counsel; Declarations of R Alexander Pilmer, Michael B Azeez, R Todd Neilson, Stuart W Stedman (nhac) |
| Filing 89 DECLARATION of R. Alexander Pilmer by plaintiffs in support of plaintiffs' opposition to Comerica's motion to deny class certification due to inadequacy of counsel [71-1] (nhac) |
| Filing 88 DECLARATION of Michael B Azeez by plaintiffs in support of motion to deny class certification due to inadequacy of cousnel [71-1] (nhac) |
| Filing 87 OPPOSITION by plaintiffs to defendants' motion to deny class certification due to inadequacy of counsel [71-1] (nhac) |
Filing 86
STIPULATION and ORDER by Judge Margaret M. Morrow that the hearing on defendant Comerica Bank-California and Imperial Management Incorporated's motion to deny class certification due to inadequacy of representation [71-1] shall be continued to 3/10/03; Plaintiffs' motion for class certification [34-1] shall be taken off calendar, without prejudice to later filing; Upon plaintiffs re-filing of the motion for Class Certification, the hearing on Class Certification will be set on at least 60 days notice (nhac)
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| Filing 85 MINUTES: resetting hearing on motion for costs pursuant to Rule 41(d) [60-1] 10:00 3/10/03, resetting hearing on motion for costs [55-1] 10:00 3/10/03 by Judge Margaret M. Morrow CR: None (bg) |
| Filing 84 REPLY BRIEF by defendants Union Bank of CA N A, Comerica Bank in support of motion for costs pursuant to Rule 41(d) [60-1]; request for stay (rrey) |
| Filing 83 DECLARATION of Jon C Cederberg in support by defendant Union Bank of CA N A re motion for costs [55-1] (bg) |
| Filing 82 Supplemental DECLARATION of Christopher Tayback in support by defendant Union Bank of CA N A re motion for costs [55-1] (bg) |
| Filing 81 REPLY MEMORANDUM IN SUPPORT by defendant Union Bank of CA N A to motion for costs [55-1] (bg) |
| Filing 80 SUPPLEMENTAL RESPONSE by defendants Comerica Bank, Imperial Management to Court's order to show cause why these actions should not be consolidated for all purposes [59-1] (jp) |
| Filing 79 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 01/06/03. CR: D. Salyer. (cbr) |
| TRANSCRIPT filed for proceedings held on 01/06/03. (cbr) |
| Filing 78 STATEMENT in support of consolidation with Christesen by plaintiffs (bg) |
| Filing 77 OPPOSITION by plaintiff to motion for costs pursuant to Rule 41(d) [60-1], motion for costs [55-1] (bg) |
| Filing 76 JOINDER by defendant Union Bank of CA N A joining motion to deny class certification due to inadequacy of representation [71-1] (bg) |
| Filing 75 MINUTES: granting motion to dismiss first amended complaint [23-1], GRANT in part DENY in part motion to strike portions of the complaint [21-1], GRANT in part DENY in part motion to dismiss plaintiffs first amended complaint [15-1], GRANT in part DENY in part motion to dismiss first amended complaint [22-1], GRANT in part DENY in part motion to dismiss first amended complaint [11-1] by Judge Margaret M. Morrow CR: David Salyer (bg) |
| PLACED IN FILE - NOT USED proposed order to dismiss (dmjr) |
| Filing 74 REQUEST by defendants Comerica Bank, Imperial Management for Judicial Notice in support of motion to deny class certification due to inadequacy of representation [71-1] (rrey) |
| Filing 73 DECLARATION of Elizabeth Mann by defendants Comerica Bank, Imperial Management in support of motion to deny class certification due to inadequacy of representation [71-1] (rrey) |
| Filing 72 DECLARATION of Arya Towfighi by defendants Comerica Bank, Imperial Management in support of motion to deny class certification due to inadequacy of representation [71-1] (rrey) |
| Filing 71 NOTICE OF MOTION AND MOTION by defendants Comerica Bank, Imperial Management to deny class certification due to inadequacy of representation ; declarations of Elizabeth Mann and Arya Towfighi; motion hearing set for 10:00 2/3/03 (rrey) |
| Filing 69 RESPONSE by defendants Comerica Bank, Imperial Management to order to show cause why these actions should not be consolidated for all purposes [59-1], (rrey) |
| Filing 68 OPPOSITION filed by defendant Bank of Orange Cnty to order to show cause why these actions should not be consolidated for all purposes [59-1] (rrey) |
Filing 70
MINUTES: denying ex parte application for scheduling order only filed by Comerica Bank-California & Imperial Inc [64-1] by Judge Margaret M. Morrow CR: N/A (rrey)
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| PLACED IN FILE - NOT USED; proposed scheduling order lodged on 12/19/02 (rrey) |
| Filing 67 PROOF OF SERVICE by plaintiffs on 12/20/02 of opposition to ex parte application for scheduling conference; declaration of Christopher T Casamassima (rrey) |
| Filing 66 DECLARATION of Christopher T Casamassima by plaintiffs in support of opposition to ex parte application for scheduling order only filed by Comerica Bank-California & Imperial Management Inc [64-1] (rrey) |
| Filing 65 OPPOSITION by plaintiff to ex parte application for scheduling order only filed by Comerica Bank-California & Imperial Management Inc [64-1] (rrey) |
| Filing 64 EX PARTE APPLICATION filed by defendant Comerica Bank, defendant Imperial Management for scheduling order only filed by Comerica Bank-California & Imperial Management Inc ; declaration of Elizabeth Mann; Lodged Ord (rrey) |
| Filing 63 NOTICE OF CHANGE OF HEARING DATE re motion for costs pursuant to Rule 41(d) [60-1] filed by defendant Comerica Bank, defendant Imperial Management (rrey) |
| Filing 62 NOTICE OF CONTINUANCE OF HEARING on motion for costs [55-1] filed by defendant Union Bank of CA N A (rrey) |
| Filing 61 DECLARATION of Elizabeth D Mann by defendant Union Bank of CA N A, defendant Comerica Bank in support of motion for costs pursuant to Rule 41(d) [60-1] (rrey) |
| Filing 60 NOTICE OF MOTION AND MOTION by defendant Comerica Bank, defendant Imperial Management for costs pursuant to Rule 41(d) ; declaration of Elizabeth D Mann; motion hearing set for 10:00 1/27/03 (rrey) |
| Filing 58 DECLARATION OF SERVICE by defendant Union Bank of CA N A on 12/16/02 of notice of motion and motion for costs; declaration of Christopher Tayback; proposed order (rrey) |
| Filing 57 DECLARATION OF PERSONAL SERVICE by defendant Union Bank of CA N A on 12/16/02 of notice of motion and motion for costs; declaration of Christopher Tayback; proposed order (rrey) |
| Filing 56 DECLARATION of Christopher Tayback by defendant Union Bank of CA N A in support of motion for costs [55-1] (rrey) |
| Filing 55 NOTICE OF MOTION AND MOTION by defendant Union Bank of CA N A for costs ; motion hearing set for 10:00 1/27/03; Lodged order (rrey) |
Filing 59
MINUTES: The Court Orders the parties to show cause why these actions should not be consolidated for all purposes , response to osc due by 12/24/02 by Judge Margaret M. Morrow CR: N/A (rrey)
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| Filing 54 SECOND REQUEST by defendants Comerica Bank, Imperial Management for Judicial Notice in support of reply brief of motion to dismiss first amended complaint [23-1], motion to dismiss first amended complaint [22-1] (rrey) |
| Filing 53 REPLY BRIEF by defendants Comerica Bank, Imperial Management in support of motion to dismiss first amended complaint [23-1] (rrey) |
| Filing 52 REPLY BRIEF by defendants Comerica Bank, Imperial Management in support of motion to dismiss first amended complaint [22-1] (rrey) |
| Filing 51 REPLY by defendants Comerica Bank, Imperial Management in support of motion to strike portions of the complaint [21-1] (rrey) |
| Filing 50 REPLY by defendant Bank of Orange Cnty to plaintiffs opposition to motion to dismiss first amended complaint [11-1] (rrey) |
| Filing 49 DECLARATION OF SERVICE by defendant Union Bank of CA N A on 12/9/02 of reply memo in suppt of mot to dism; 2nd req for judicial ntc; appendix of unpublished & other auths (rrey) |
| Filing 48 APPENDIX of unpublished and other authorities filed by defendant Union Bank of CA N A in the reply memo in suppt of motion to dism plfs FAC [15-1] (rrey) |
| Filing 47 SECOND REQUEST by defendant Union Bank of CA N A for Judicial Notice in suppt of motion to dismiss plaintiffs first amended complaint [15-1]; decl of Christopher Tayback; exhs (rrey) |
| Filing 46 REPLY MEMORANDUM by defendant Union Bank of CA N A in suppt of motion to dismiss plaintiffs first amended complaint [15-1] (rrey) |
| Filing 45 AMENDED PROOF OF SERVICE by plaintiffs on 12/4/02 of notice of motion and motion for class certification (see document for further details) (rrey) |
| Filing 44 PROOF OF SERVICE by plaintiffs on 12/4/02 of notice of motion and motion for class certification (see document for further details) (rrey) |
| Filing 43 DECLARATION of R Alexander Pilmer by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 42 DECLARATION of George V Kriste by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 41 DECLARATION of Fred W Ockrim by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 40 DECLARATION of Anthony Podell by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 39 DECLARATION of John K Poitras by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 38 DECLARATION of Stuart W Stedman by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 37 DECLARATION of Michael B Azeez by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 36 DECLARATION of Gregory B Abbott by plaintiffs in support of motion for class certification [34-1] (rrey) |
| Filing 35 REQUEST by plaintiffs for Judicial Notice in support of motion for class certification [34-1] (rrey) |
| Filing 34 NOTICE OF MOTION AND MOTION by plaintiffs for class certification ; motion hearing set for 10:00 3/17/03; Lodged Order (rrey) |
| Filing 33 PROOF OF SERVICE by plaintiffs on 11/18/02 of plfs opps to motions to dism (see doc for fur details) (rrey) |
| Filing 32 APPENDIX of unpublished cases & other auths filed by plaintiffs in suppt of plfs opp to motions to dism [22-1], [15-1], [11-1] (rrey) |
| Filing 31 OPPOSITION by plaintiffs to reqs for judicial ntc in suppt of motions to dismiss first amended complaint [23-1], to dismiss first amended complaint [22-1], to dismiss plaintiffs first amended complaint [15-1], to dismiss first amended complaint [11-1] (rrey) |
| Filing 30 OPPOSITION by plaintiffs to motion to strike portions of the complaint [21-1] (rrey) |
| Filing 29 OPPOSITION by plaintiff to motions to dismiss first amended complaint [22-1], to dismiss first amended complaint [11-1] (rrey) |
| Filing 28 OPPOSITION by plaintiff to motion to dismiss first amended complaint [23-1] (rrey) |
| Filing 27 RULE 26(f) REPORT re propsd joint discov plan; est length of trial 3-4 wks (rrey) |
| Filing 26 PROOF OF SERVICE by plaintiff on 10/30/02 of standing order served Christopher Tayback; Elizabeth and Steven L Bergh by mail (bg) |
Filing 19
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 02-608 MMM (CWx)] Case transferred from Judge Lourdes G. Baird to Judge Margaret M. Morrow for all further proceedings. , Case referred from Discovery Robert N. Block to Discovery Carla M. Woehrle The case number will now reflect the initials of the transferee Judge [ CV 02-6942 MMM (CWx)] (cc: all counsel) (rn)
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Filing 25
ORDER granting Comerica Bank-California and Imperial Management Incorporated's ex parte application for leave to file memorandum of points and authorities in excess of page limitation DENIED (bg)
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| Filing 24 REQUEST by defendant Comerica Bank, defendant Imperial Management for Judicial Notice re motion to dismiss first amended complaint [23-1], re motion to dismiss first amended complaint [22-1] (bg) |
| Filing 23 NOTICE OF MOTION AND MOTION by defendant Comerica Bank to dismiss first amended complaint ; motion hearing set for 10:00 1/6/03 (bg) |
| Filing 22 NOTICE OF MOTION AND MOTION by defendant Imperial Management to dismiss first amended complaint ; motion hearing set for 10:00 1/6/03 (bg) |
| Filing 21 NOTICE OF MOTION AND MOTION by defendant Comerica Bank, defendant Imperial Management to strike portions of the complaint ; motion hearing set for 10:00 1/6/03 (bg) |
Filing 20
STIPULATION and ORDER by Judge Margaret M. Morrow resetting hearing on motion to dismiss plaintiffs first amended complaint [15-1] 1/6/03, resetting hearing on motion to dismiss first amended complaint [11-1] 1/6/03; Plaintiffs' opposition papers to the motions filed by defendants on 10/25/02 shall be filed and served by 11/18/02; Defendants' reply papers shall be filed and served by 12/9/02 (bg)
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Filing 17
STANDING ORDER by Judge Lourdes G. Baird. Read this order carefully. It controls the case unless otherwise ordered by the court (bg)
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| Filing 18 Notice of JOINDER by defendant Union Bank of CA N A joining motion to dismiss plaintiffs first amended complaint [15-1] (bg) |
| Filing 16 REQUEST by defendant Union Bank of CA N A for Judicial Notice in support of motion to dismiss plaintiffs first amended complaint [15-1] (jp) |
| Filing 15 NOTICE OF MOTION AND MOTION by defendant Union Bank of CA N A to dismiss plaintiffs first amended complaint ; motion hearing set for 10:00 1/6/03 (jp) |
| Filing 14 RETURN OF ORIGINAL SUMMONS AND PROOF OF SERVICE executed Steven L Bergh, Attorney for Bank of Orange County; Elizabeth Mann, Attorney for Comerica Bank & Imperial Management Inc and Christopher Tayback, attorney for Union Bank of CA; Service by statute not cited on 10/23/02 via messenger by serving summons; first amended complai to (bg) |
| Filing 13 PROOF OF SERVICE by defendant Union Bank of CA N A on 10/25/02 of Notice of motion and motion to dismiss plaintiffs' first amended ocmplaint; stpulation re briefing schedule; certification as to interested parties; proposed order; notice of joinder; request for judicial notice svd R Alexander Pilmer, Esq; Elizabeth Mann and Steven L Bergh by mail (bg) |
| Filing 12 CERTIFICATION OF INTERESTED PARTIES filed by defendant Union Bank of CA N A (bg) |
| Filing 10 NOTICE OF INTERESTED PARTIES filed by defendant Comerica Bank, defendant Imperial Management (bg) |
| Filing 11 NOTICE OF MOTION AND MOTION by defendant Bank of Orange Cnty to dismiss first amended complaint ; motion hearing set for 10:00 1/6/03 (bg) |
| Filing 9 OPPOSITION by plaintiff to ex parte application for leave to file memorandum of points and aurthorities in excess of page limitation [7-1] (bg) |
| Filing 8 FIRST AMENDED COMPLAINT [1-1] by plaintiffs; jury demand. Summons Issued (bg) |
| Filing 7 EX PARTE APPLICATION filed by defendant Comerica Bank, defendant Imperial Management for leave to file memorandum of points and aurthorities in excess of page limitation Lodged order (bg) |
Filing 6
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 01-4283 RSWL (MANx)] Transfer of case declined for the reasons set forth on order by Judge Ronald Lew (cc: all counsel) (rn)
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Filing 5
STIPULATION and ORDER by Judge Lourdes G. Baird extending time to answer complaint [1-1] to 10/25/02 as to defendant Union Bank of CA N A, defendant Comerica Bank, defendant Imperial Management, defendant Bank of Orange Cnty, defendant Does (bg)
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| Filing 3 RETURN OF SUMMONS AND PROOF OF SERVICE executed upon defendants Bank of Orange County by serving atty Steven L Bergh; defendant Comerica Bank & Imperial Managment Inc by serving atty Elizbeth Mann; defendant Union Bank of California by serving atty Christopher Tayback; Service on 9/5/02 via mail by serving S/C (rrey) |
| Filing 4 NOTICE by plaintiff of related case(s) CV 01-4283 RSWL (MANx) & Other related groups. (kc) |
| Filing 2 NOTICE OF INTERESTED PARTIES filed by plaintiffs (jag) |
| Filing 1 COMPLAINT filed Summons(es) issued referred to Discovery Robert N. Block (jag) |
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