Dominique Whitaker v. Countrywide Financial Corporation et al
| Dominique Whitaker, Debra Foley and John White |
| Countrywide Financial Corporation, Bank of America Corporation, Does 1-10, inclusive and Countrywide Home Loans, Inc. |
| 2:2009cv05898 |
| August 12, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Christina A Snyder |
| Patrick J Walsh |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
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Filing 88
AMENDED ORDER CONFIRMING ARBITRATOR'S 10/20/2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Judge Christina A. Snyder: Upon Plaintiffs/Claimants Dominique Whitaker and John White's Motion for an Order Confirming the Arbitrator's 10/20/2014 Final Order and Award Granting Final Approval of Class Action Settlement #82 , IT IS ORDERED that the Award of Arbitrator Joel Grossman, dated 10/20/2014, is confirmed in all respects and that judgment be entered in conformity therewith. IT IS HEREBY ADJUDGED that the Arbitrator's Final Order And Award Granting Final Approval Of The Class Action Settlement, issued by Arbitrator Joel Grossman on 10/20/2014 is confirmed as the judgment of this Court. (gk)
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| Filing 87 NOTICE OF NON-OPPOSITION to REQUEST for Settlement Approval of ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (i.e. PETITION TO CONFIRM ARBITRAL AWARD AND ORDER) #82 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Mandel, Michael) |
| Filing 86 Amendment to REQUEST for Settlement Approval of ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (i.e. PETITION TO CONFIRM ARBITRAL AWARD AND ORDER) #82 AMENDED [PROPOSED] ORDER CONFIRMING ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (AGREED UPON BY THE PARTIES) filed by Plaintiffs Dominique Whitaker, John White. (Cullen, Paul) |
| Filing 85 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Supplement #84 , Request to Supplement; Request for Relief #83 . The following error(s) was found: Incorrect document is attached to the docket entry. Incorrect event selected. The correct event is: Civil Events > Motions and Related Filings > Responses/Replies/Other Motion Related Documents > Supplement (Motion Related) for #83 and Civil Events > Motions and Related Filings > Responses/Replies/Other Motion Related Documents > Declaration (Motion Related) for #84 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rne) |
| Filing 84 NOTICE OF MOTION AND MOTION to Supplement REQUEST for Settlement Approval of ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (i.e. PETITION TO CONFIRM ARBITRAL AWARD AND ORDER) re Request to Supplement,,, Request for Relief,, #83 , REQUEST for Settlement Approval of ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (i.e. PETITION TO CONFIRM ARBITRAL AWARD AND ORDER) #82 SUPPLEMENTAL DECLARATION OF PAUL T. CULLEN WITH ARBITRATION AGREEMENTS AS EXHIBITS filed by PLAINTIFFS Dominique Whitaker, John White. Motion set for hearing on 11/17/2014 at 10:00 AM before Judge Christina A. Snyder. (Cullen, Paul) |
| Filing 83 REQUEST to Supplement Request for Settlement Approval -- Petition to Confirm Arbitral Award (additional supporting documentation) re REQUEST for Settlement Approval of ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (i.e. PETITION TO CONFIRM ARBITRAL AWARD AND ORDER) #82 EXHIBIT TO DECLARATION OF PAUL T. CULLEN IN SUPPORT OF PETITION TO CONFIRM -- I.E. CLASS ACTION SETTLEMENT AGREEMENT AND STIPULATION EXECUTED BY ALL PARTIES AND APPROVED BY ARBITRATOR filed by Plaintiffs Dominique Whitaker, John White. Request set for hearing on 11/17/2014 at 10:00 AM before Judge Christina A. Snyder. (Cullen, Paul) |
| Filing 82 REQUEST for Settlement Approval of ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (i.e. PETITION TO CONFIRM ARBITRAL AWARD AND ORDER) filed by Plaintiffs Dominique Whitaker, John White. Request set for hearing on 11/17/2014 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order, #2 Exhibit ARBITRATORS OCTOBER 20, 2014 FINAL ORDER AND AWARD GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT, #3 Exhibit Motion for Final Approval in Arbitration, #4 Declaration Declaration of Paul T. Cullen in Support of Final Approval Motion in Arbitration, #5 Declaration Declaration of Plaintiff John White in support of Motion for Final Approval in Arbitration, #6 Declaration Declaration of Dominique Whitaker in support of Motion for Final Approval in Arbitration)(Cullen, Paul) |
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Filing 81
ORDER from 9th CCA filed, CCA # 12-73549. Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. Order received in this district on 1/22/13. (car)
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| Filing 80 MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES Countrywide's Motion for Partial Reconsideration of Order Granting in Part Defendants' Motion to Compel Individual Arbitrations of Plaintiffs' Claims #72 . As the Court stated in its September 19, 2011 order #68 , it is up to the arbitrator to determine whether class or individual arbitration is appropriate. Court Reporter: Laura Elias. (gk) |
| Filing 79 NOTICE of Decision: CHANGE OF STATUS OF AUTHORITY CITED BY DEFENDANTS IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS MOTIONS TO COMPEL INDIVIDUAL ARBITRATION OF PLAINTIFFS CLAIMS (DKT #68) filed by Plaintiff Dominique Whitaker, John White. (Cullen, Paul) |
| Filing 78 NOTICE of Decision: RECENT PERSUASIVE AUTHORITY IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIMS filed by Defendant Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Mandel, Michael) |
| Filing 77 REPLY in Support of MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIM MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIM #72 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Mandel, Michael) |
| Filing 76 MEMORANDUM in Opposition to MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIM MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIM #72 filed by Plaintiffs Dominique Whitaker, John White. (Cullen, Paul) |
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Filing 75
ORDER ON STIPULATION TO CONTINUE MOTION FOR RECONSIDERATION AND BRIEFING SCHEDULE RELATED THERETO by Judge Christina A. Snyder: Upon Stipulation #74 , the Court hereby orders as follows: The hearing on Defendants' Motion for Reconsideration #72 shall be continued to 8/20/2012 at 10:00 AM before Judge Christina A. Snyder. Plaintiff shall have until 6/25/2012 to file an opposition brief. Defendants shall have until 7/16/2012 to file a reply brief. Plaintiffs shall not file any other motion relating to the subject matter of the Defendants' motion until no earlier than the day after the hearing on the Defendants' motion. (gk)
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| Filing 74 First STIPULATION for Extension of Time to File Opposition to Motion for Reconsideration of the Courts Order Granting in Part Defendants Motion to Compel Arbitration, Docket number 72, to Amend Briefing Schedule Related Thereto and Continue Hearing of Motion filed by Plaintiffs Dominique Whitaker, John White. (Attachments: #1 Proposed Order)(Cullen, Paul) |
| Filing 73 NOTICE OF LODGING [PROPOSED] ORDER GRANTING DEFENDANTS MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS CLAIMS (DKT. # 68) re MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIM MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIM #72 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Kane, Matthew) |
| Filing 72 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Compel Arbitration,,,,,,, #68 DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS OF PLAINTIFFS' CLAIMS (DKT. #68) filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. Motion set for hearing on 7/9/2012 at 10:00 AM before Judge Christina A. Snyder. (Kane, Matthew) |
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Filing 71
ORDER from 9th CCA filed, CCA # 11-73146. Our review of the petition, the response, and the reply indicates that petitioners have not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, we deny the petition. Order received in this district on 4/13/12. (car)
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Filing 70
ORDER from 9th CCA filed, CCA # 11-73146. This petition for a writ of mandamus raises issues that warrant a response. Accordingly, within 14 days after the date of this order, the real parties in interest shall file a response. The district court, within 14 days after the date of this order, may file a response if it so desires. [See document for further information] Order received in this district on 1/11/12. (car)
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| Filing 69 MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Defendants' Motion to Compel Individual Arbitration of Plaintiff John White's Claims, Order Appointment of Arbitrator, and Stay Action #63 is taken under submission. The Court's order will issue. Court Reporter: Laura Elias. (gk) |
| Filing 68 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder Re: Defendants' Motion to Compel Arbitration and Stay Litigation. The Court GRANTS Countrywide's Motion to Compel Arbitration #62 , #63 . It is up to the arbitrator to determine whether class or individual arbitration is appropriate. The proceedings are STAYED and the Clerk is directed to remove this action from the Court's civil active list pending completion of arbitration. The Court ORDERS the parties to file a joint status report regarding the posture of the arbitration every 180 days and within 20 days of the arbitrator's final decision. If the matter is resolved by settlement, or in the event plaintiffs elects not to pursue arbitration, they shall promptly cause this action to be dismissed. Court Reporter: N/A. (gk) |
| Filing 67 REPLY in Support of MOTION to Compel Arbitration #62 , MOTION to Compel Arbitration #63 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Attachments: #1 Evidentiary Objections)(Mandel, Michael) |
| Filing 66 Declaration of Paul T. Cullen in support of Opposition Opposition re: MOTION to Compel Arbitration #63 , MOTION to Compel Arbitration #62 filed by Plaintiffs Dominique Whitaker, John White. (Attachments: #1 Exhibit Exhibit A - part 1, #2 Exhibit Exhibit A - part 2, #3 Exhibit Exhibit A - part 3A, #4 Exhibit Exhibit A - part 3B, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C)(Cullen, Paul) |
| Filing 65 Opposition Opposition re: MOTION to Compel Arbitration #62 , MOTION to Compel Arbitration #63 filed by Plaintiffs Dominique Whitaker, John White. (Cullen, Paul) |
| Filing 64 Amendment to MOTION to Compel Arbitration #63 AMENDED DECLARATION OF GERSHOM RUNYAN IN SUPPORT OF DEFENDANTS MOTION TO COMPEL INDIVIDUAL ARBITRATION OF CLAIMS OF JOHN WHITE filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Mandel, Michael) |
| Filing 63 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. Motion set for hearing on 9/19/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration of Gershom Runyan in Support of Motion to Compel Individual Arbitration of Plaintiff JOHN WHITE's Claims, Order Appointment of Arbitrator, and Stay Action, #2 Proposed Order)(Mandel, Michael) |
| Filing 62 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. Motion set for hearing on 9/19/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration Gershom Runyan, #2 Proposed Order)(Mandel, Michael) |
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Filing 61
ORDER CONTINUING SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation #59 , the Scheduling Conference will be continued to 9/19/2011 11:00 AM before Judge Christina A. Snyder. (gk)
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| Filing 60 ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT filed by DEFENDANT Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc..(Mandel, Michael) |
| Filing 59 First STIPULATION to Continue Scheduling Conference from July 18, 2011 to September 19, 2011 at 10:00 am filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order Continuing Scheduling Conference)(Setareh, Shaun) |
| Filing 58 THIRD AMENDED CLASS, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL ACTION COMPLAINT against Defendants Countrywide Financial Corporation, Bank of America Corporation, Countrywide Home Loans, Inc., and Does 1-10, inclusive; amending Second Amended Class Action Complaint #51 ; filed by Plaintiffs Dominique Whitaker and John White. (gk) |
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Filing 57
ORDER GRANTING STIPULATION DISMISSING PLAINTIFF DEBRA FOLEY AND GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT TO SUBSTITUTE JOHN WHITE by Judge Christina A. Snyder #56 . The Third Amended Complaint (TAC), lodged with the Court along with the Stipulation shall be deemed filed as of the date of entry of this Orderapproving the Stipulation. Defendants Motion to Dismiss filed May 20, 2011 is thereby moot and the hearing of July 18, 2011 is vacated. The claims of Debra Foley are dismissed, without prejudice. SEE ORDER FOR FURTHER DETAILS. (im)
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| Filing 56 First STIPULATION to AMEND filed by Plaintiffs Debra Foley, Dominique Whitaker. (Attachments: #1 Exhibit Proposed Third Amended Complaint, #2 Proposed Order Granting Leave to File Third Amended Complaint and Dismissing Plaintiff Debra Foley)(Cullen, Paul) |
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Filing 55
ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF DEBRA FOLEY'S CLAIMS by Judge Christina A. Snyder: Upon Stipulation #54 , the Court orders as follows: The hearing on Defendants' Motion to Dismiss the claims of Plaintiff Debra Foley #52 is continued to 7/18/2011 at 10:00 AM before Judge Christina A. Snyder. The deadline for Plaintiff to file any opposition to Defendants' Motion to Dismiss shall be 6/27/2011. The deadline for Defendants to file any reply brief in support of their Motion to Dismiss shall be 7/5/2011. (gk)
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| Filing 54 STIPULATION to Continue HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF DEBRA FOLEY'S CLAIMS from June 20, 2011 to July 18, 2011 Re: MOTION to Dismiss PLAINTIFF Debra Foley Based On Judicial Estoppel And Lack Of Standing #52 filed by DEFENDANT Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 53 DECLARATION of John White re Consent to be Joined per 29 USC 206 et seq filed by Plaintiffs Debra Foley, Dominique Whitaker. (Cullen, Paul) |
| Filing 52 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF Debra Foley Based On Judicial Estoppel And Lack Of Standing filed by DEFENDANT Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. Motion set for hearing on 6/27/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Exhibit A thru H, #2 Proposed Order)(Mandel, Michael) |
| Filing 51 SECOND AMENDED CLASS ACTION COMPLAINT against Defendants Countrywide Financial Corporation, Bank of America Corporation, Countrywide Home Loans, Inc., and Does 1-10, inclusive; amending First Amended Class Action Complaint #24 ; filed by Plaintiffs Dominique Whitaker and Debra Foley. (gk) |
| Filing 50 MINUTES (IN CHAMBERS): by Judge Christina A. Snyder: PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (filed 4/11/11) The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of May 9, 2011 is hereby vacated, and the matter is hereby taken under submission. In accordance with the foregoing, the Court GRANTS plaintiffs motion for leave to amend, and receives the proposed amended complaint lodged and filed as an exhibit to plaintiffs' motion. IT IS SO ORDERED. granting #42 Motion for Leave to File (yl) |
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Filing 49
MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder re Order Resetting Scheduling Conference. The deadlines and hearings originally scheduled have been rescheduled to July 18, 2011 at 11:00 a.m. The Scheduling Conference will be held pursuant to F.R.Civ.P 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the date of the Rule 16(b) Scheduling Conference and to report to the Court not later than 14 days after they confer on a discovery plan and the other matters required by F.R.Civ.P. 26(f) and the Local Rules of this Court. If this case has been assigned to the ADR Pilot Program, counsel shall concurrently file the ADR Questionnaire. At the Rule 16(b) Scheduling Conference, the Court will issue an order setting forth at least the following dates: the last date for joining parties, the last date to file any motion, whether or not dispositive, and the last date to complete discovery. Scheduling Conferences will ordinarily not be continued. Judge Snyder is located at 312 N. Spring Street Courthouse, in Courtroom 5, on the second floor. (san)
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| Filing 48 DECLARATION of Paul Cullen In Support Of Plaintiff's Reply Brief On Motion For Leave To File Second Amended Complaint MOTION for Leave to file Second Amended Complaint #42 filed by Plaintiffs Debra Foley, Dominique Whitaker. (Setareh, Shaun) |
| Filing 47 REPLY Brief In Support Of Motion For Leave To File Second Amended Complaint MOTION for Leave to file Second Amended Complaint #42 filed by Plaintiffs Debra Foley, Dominique Whitaker. (Setareh, Shaun) |
| Filing 46 DECLARATION of Bethany A. Pelliconi in Opposition to MOTION for Leave to file Second Amended Complaint #42 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Attachments: #1 Exhibit A to Declaration of Bethany A. Pelliconi)(Mandel, Michael) |
| Filing 45 DECLARATION of Michael D. Mandel in Opposition to MOTION for Leave to file Second Amended Complaint #42 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Attachments: #1 Exhibit A to Declaration of Michael D. Mandel in Support of Defendants' Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint, #2 Exhibit B to Declaration of Michael D. Mandel in Support of Opposition to Motion for Leave to File Second Amended Complaint)(Mandel, Michael) |
| Filing 44 MEMORANDUM in Opposition to MOTION for Leave to file Second Amended Complaint #42 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Mandel, Michael) |
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Filing 43
ORDER ON APPLICATION TO RETURN CASE TO ACTIVE CALENDAR by Judge Christina A. Snyder: The Court hereby approves plaintiffs' application to have this case returned to the active caseload pursuant to this Court's prior order #41 . (MD-JS5 Case Reopened) (gk)
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| Filing 42 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiffs Debra Foley, Dominique Whitaker. Motion set for hearing on 5/9/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit Proposed Second Amended Complaint, #4 Proposed Order)(Cullen, Paul) |
| Filing 41 APPLICATION to Reopen Case filed by Plaintiffs Debra Foley, Dominique Whitaker. Application set for hearing on 5/9/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration Declaration of Paul T. Cullen in support of Application, #2 Proposed Order)(Cullen, Paul) |
| Filing 40 STATUS REPORT Joint Status Report regarding MDL proceedings filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Mandel, Michael) |
| Filing 39 NOTICE of Filing With The Judicial Panel on Multidistrict Litigation a Notice of Potential Tag-Along Action filed by Defendant Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Attachments: #1 Exhibit A)(Mandel, Michael) |
| Filing 38 MINUTES OF STATUS CONFERENCE held before Judge Christina A. Snyder: Hearing held on defendants' Motion to Dismiss and/or Strike Plaintiffs' First Amended Class, Collective, and Private Attorney General Action Complaint and counsel argued. Plaintiff's counsel informs the Court that a motion to the MDL regarding the above-referenced action as a tag-along case. The Court, hereby approves a stay in this matter forthwith, with the exception of filing a motion for leave to amend. It is hereby ordered that this action is hereby removed from this Court's active caseload until further application by the parties or order of this Court. It is further ordered that counsel shall file a jount report detailing the status of the case within 90 days, or sooner if necessary, and every quarter thereafter until the action has been reactivated on this Court's active caseload or a stipulation for dismissal is filed. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All dates in this action are hereby vacated. (Made JS-6. Case Terminated.)Court Reporter: Laura Elias. (vv) |
| Filing 37 MINUTES OF Motion Hearing held before Judge Christina A. Snyder Re Defendants' Motion to Dismiss and/or Strike Plaintiffs' First Amended Class, Collective, and Private Attorney General Action Complaint #29 . The Court DENIES defendants' motion to dismiss, and GRANTS defendants' motion to strike plaintiffs' request for attorneys' fees pursuant to Cal. Civ. Code Section 1021.5 in paragraph 78 of the First Amended Complaint. Court Reporter: Laura Elias. (gk) |
| Filing 36 NOTICE of Change of Attorney Information for attorney Gregg A Fisch counsel for Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. Filed by Defendants Countrywide Financial Corporation, Bank of America Corporation, and Countrywide Home Loans, Inc. (Fisch, Gregg) |
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Filing 34
ORDER by Judge Christina A. Snyder, re Stipulation #30 . The Court finds good cause to continue Defendant's MOTION to Dismiss and/or Strike Plaintiffs' First Amended Complaint #29 from 9/27/2010, to 11/1/2010 at 10:00 AM. The briefing schedule shall also be modified to allow Plaintiff to file his opposition no later than 10/8/2010; and the Defendants' reply brief shall be filed no later than 10/15/2010. (jp)
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| Filing 33 NOTICE of Appearance filed by attorney Michael David Mandel on behalf of Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc. (Mandel, Michael) |
| Filing 32 REPLY in support of MOTION to Dismiss Case and/or Strike Plaintiffs' First Amended Class, Collective, and Private Attorney General Action Complaint #29 filed by Defendants Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. (Kane, Matthew) |
| Filing 31 MEMORANDUM in Opposition to MOTION to Dismiss Case and/or Strike Plaintiffs' First Amended Class, Collective, and Private Attorney General Action Complaint #29 filed by Plaintiffs Debra Foley, Dominique Whitaker. (Attachments: #1 Proposed Order)(Cullen, Paul) |
| Filing 30 STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from September 27, 2010 to October 4, 2010 filed by Plaintiffs Debra Foley, Dominique Whitaker. (Attachments: #1 Proposed Order)(Setareh, ) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs' First Amended Class, Collective, and Private Attorney General Action Complaint filed by defendant Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc.. Motion set for hearing on 9/27/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 28 NOTICE of Unavailability of Counsel filed by Plaintiffs Debra Foley, Dominique Whitaker. (Cullen, Paul) |
| Filing 27 NOTICE of Association of Counsel associating attorney Thomas R. Kaufman and Greg S. Labate on behalf of Defendants Bank of America Corporation, Countrywide Financial Corporation. Filed by Defendants Bank of America Corporation, Countrywide Financial Corporation (Crosman, Christopher) |
| Filing 26 NOTICE of Change of Attorney Information for attorney Christopher A Crosman counsel for Defendants Bank of America Corporation, Countrywide Financial Corporation. Adding Christopher A. Crosman as attorney as counsel of record for COUNTRYWIDE FINANCIAL CORPORATION and BANK OF AMERICA CORPORATION for the reason indicated in the G-06 Notice. Filed by Attorneys for COUNTRYWIDE FINANCIAL CORPORATION and BANK OF AMERICA CORPORATION Christopher A. Crosman (Crosman, Christopher) |
| Filing 35 AMENDED MINUTES OF SCHEDULING CONFERENCE held #25 before Judge Christina A. Snyder: The case was called and counsel made their appearance. The Court addresses the parties' Joint Rule 26(f) Report. Counsel advise the Court that the Plaintiffs' will file their Motion for Class Certification and that Defendants' anticipate filing a Motion to Dismiss Pursuant to 12(b)(6), too. Counsel advise the Court that related cases are pending before a MDL action in the District of Kansas. The Court establishes a deadline to file the Motion for Class Certification of 11/1/2010, Opposition by 12/20/2010, Reply by 1/17/2011 and a hearing date on 1/31/2011 at 10:00 AM. The Court advises counsel that a Further Scheduling Conference will occur on the same date and time as the hearing on the Plaintiffs' Motion for Class Certification. Court Reporter: Laura Elias. (gk) |
| Filing 25 MINUTES OF SCHEDULING CONFERENCE held before Judge Christina A. Snyder: The case was called and counsel made their appearance. The Court addresses the parties' Joint Rule 26(f) Report. Counsel advise the Court that the Plaintiffs' will file their Motion for Class Certification and that Defendants' anticipate filing a Motion to Dismiss Pursuant to 12(b)(6), too. Counsel advise the Court that related cases are pending before a MDL action in the District of Kansas. The Court establishes a deadline to file the Motion for Class Certification of 11-1-10, Opposition by 12-20-10, Reply by 1-17-11 and a hearing date on 1-31-11 at 10:00 a.m. The Court advises counsel that a Further Scheduling Conference will occur on the same date and time as the hearing on the Plaintiffs' Motion for Class Certification and that if a Motion to Transfer is filed, only then will discovery be stayed pending a decision by the transferee court. Court Reporter: Laura Elias. (bm) |
| Filing 23 STATUS REPORT /JOINT RULE 26 REPORT filed by Plaintiff Dominique Whitaker. (Setareh, ) |
| 21-Day Summons Issued re First Amended Complaint #24 as to Defendants Countrywide Financial Corporation, Bank of America Corporation, Countrywide Home Loans, Inc., and Does 1-10, inclusive. (gk) |
| Filing 24 FIRST AMENDED CLASS ACTION COMPLAINT against Defendants Countrywide Financial Corporation, Bank of America Corporation, Countrywide Home Loans, Inc., and Does 1-10, inclusive; amending Complaint #1 ; filed by Plaintiffs Dominique Whitaker and Debra Foley. (gk) Modified on 7/12/2010 (gk). (Additional attachment(s) added on 7/22/2010: #1 21 Days Summons Issued) (jp). |
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Filing 22
ORDER ON STIPULATION REGARDING LEAVE FOR PLAINTIFF TO FILE CONSOLIDATED FIRST AMENDED COMPLAINT AND RELATED ISSUES by Judge Christina A. Snyder: Upon Stipulation #21 , Plaintiff Whitaker shall have leave to file the Proposed First Amended Complaint within seven days of the entry of this Order. To the extent the claims as currently alleged and asserted by Plaintiff Foley in the matter of Foley v. Countrywide Home Loans, Inc., LASC Case No. BC414463, filed on 5/26/2009 (the "Foley Matter"), differ from those alleged and asserted by Plaintiff Whitaker in the original Complaint on file in this action, and such differing claims are included in the First Amended Complaint then to that sole and limited extent those differing claims will relate back to the original filing date of the Foley Matter. Otherwise, the claims asserted in the First Amended Complaint shall be deemed to relate back to the original state court filing date of this action, with exceptions and limitations in this order. Defendants shall have 21 days from notice of the electronic filing ofthe First Amended Complaint upon the entry of this Order to file any responsive pleadings regarding the First Amended Complaint. Any motion for class certification ("MCC") brought by Plaintiffs in this action shall be briefed and heard on the following schedule: MCC filing deadline 11/01/2010; MCC opposition filing deadline 12/20/2010; MCC reply filing deadline 1/17/2011; MCC hearing date 1/31/2011. Within two court days of notice of the Court's entry of this Order, Plaintiff Foley shall dismiss, without prejudice, the Foley Matter now pending in the Los Angeles Superior Court and shall proceed only with those claims pending before this Court. If the Foley Matter is not dismissed within that time, then this action shall be stayed pending dismissal of the Foley Matter. The Court hereby continues the Scheduling Conference to 7/19/2010 11:00 AM before Judge Christina A. Snyder. (gk)
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| Filing 21 First STIPULATION to Consolidate Cases as to LASC Case No. BC414463 filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order ON STIPULATION REGARDING LEAVE FOR PLAINTIFF TO FILE CONSOLIDATED FIRST AMENDED COMPLAINT AND RELATED ISSUES)(Cullen, Paul) |
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Filing 20
ORDER GRANTING FIFTH STIPULATION #19 TO EXTEND DEADLINE FOR FILING MOTION FOR CLASS CERTIFICATION AND CONTINUE SCHEDULING CONFERENCE by Judge Christina A. Snyder. The deadline for Plaintiff to bring her motion for class certification up to and including July 15, 2010 and Defendants opposition thereto shall be due August 16, 2010. The Court further continues the Scheduling Conference in this action from June 7, 2010, to July 12, 2010 at 11:00 a.m. NO FURTHER CONTINUANCES WILL BE GRANTED FOR ANY REASON. (pp)
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| Filing 19 Fifth STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order)(Cullen, Paul) |
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Filing 18
ORDER ON FOURTH STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR CLASS CERTIFICATION AND TO CONTINUE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation #17 , the Court hereby extends the deadline for Plaintiff to bring her motion for class certification up to and including 5/24/2010 and Defendants' opposition thereto shall be due on 6/25/2010. The Court further continues the Scheduling Conference to 6/7/2010 11:00 AM before Judge Christina A. Snyder. (gk)
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| Filing 17 Fourth STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order)(Cullen, Paul) |
| Filing 16 NOTICE of Association of Counsel associating attorney Thomas R. Kaufman, Seyfarth Shaw on behalf of Defendants Bank of America Corporation, Countrywide Financial Corporation. Filed by Defendants Bank of America Corporation, Countrywide Financial Corporation (Kaufman, Thomas) |
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Filing 15
ORDER by Judge Christina A. Snyder, pursuant to the Stipulation #14 , the Court hereby extends the March 17, 2010 deadline for Plaintiff to bring her motion for class certification an additional two (2) weeks, i.e. up to and including March 31, 2010 and Defendants opposition thereto shall be due April 30, 2010. The Court further continues the Scheduling Conference in this action from April 19, 2010, to May 3, 2010 at 11:00 a.m.. (ir)
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| Filing 14 Third STIPULATION for Extension of Time to File Motion for Class Certification filed by plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order to Extend Deadline to File Class Certification Motion and to Continue Scheduling Conference)(Cullen, Paul) |
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Filing 13
ORDER ON SECOND STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR CLASS CERTIFICATION by Judge Christina A. Snyder: Upon Stipulation #12 , the Court extends the deadline for Plaintiff to bring her motion for class certification an additional two weeks, up to and including 3/17/2010, and Defendants' opposition thereto shall be due 4/19/2010. (gk)
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| Filing 12 Second STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order)(Cullen, Paul) |
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Filing 11
ORDER ON STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR CLASS CERTIFICATION by Judge Christina A. Snyder: Upon Stipulation #10 , Court extends that the current 2/10/2010 deadline for Plaintiff to bring her motion for class certification an additional 3 weeks, i.e. up to and including 3/3/2010. (gk)
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| Filing 10 First STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order on Stipulation to Extend Deadline to File Motion for Class Certification)(Cullen, Paul) |
| Filing 9 NOTICE of Association of Counsel Filed by Plaintiff Dominique Whitaker (Cullen, Paul) |
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Filing 8
MINUTES (IN CHAMBERS) - ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder: Scheduling Conference set for 4/19/2010 11:00 AM before Judge Christina A. Snyder. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the date of the Rule 16(b) Scheduling Conference and to report to the Court not later than 14 days after they confer on a discovery plan and the other matters required by F.R.Civ.P. 26(f) and the Local Rules of this Court. Court Reporter: Not Present. (gk)
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Filing 7
ORDER GRANTING PLAINTIFF'S EX-PARTE APPLICATION FOR RELIEF FROM LOCAL RULE 23-3 by Judge Christina A. Snyder: After full consideration of the evidence and the authorities submitted by counsel, the court finds that there is sufficient grounds for granting Plaintiffs exparte application for relief from L.R. 23-3 #4 . IT IS THEREFORE ORDERED that the said ex-parte application for relieffrom L.R. 23-3 is GRANTED and that plaintiff may have to and including February 10, 2010, to file the motion for class certification. (jre)
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| Filing 6 PROOF OF SERVICE filed by Plaintiff Dominique Whitaker, served on 10/22/09. (Thierman, Mark) |
| Filing 5 Opposition to re: EX PARTE APPLICATION for Relief from Local Rule 23-3 #4 filed by Defendants Countrywide Financial Corporation, Bank of America Corporation. (Kane, Matthew) |
| Filing 4 EX PARTE APPLICATION for Relief from Local Rule 23-3 filed by Plaintiff Dominique Whitaker. (Attachments: #1 Proposed Order Granting Plaintiff's Ex-Parte Application for Relief from Local Rule 23-3, #2 Declaration of Mark R. Thierman in Support of Plaintiff's Ex Parte Application for Relief from Local Rule 23-3, #3 Declaration of Shaun Setareh in Support of Plaintiff's Ex Parte Application for Relief from Local Rule 23-3, #4 Declaration of Kelly Ann Buschman in Support of Plaintiff's Ex Parte Application for Relief from Local Rule 23-3)(Thierman, Mark) |
| Filing 3 NOTICE TO COUNSEL by Judge Christina A. Snyder: This case has been assigned to the calendar of Judge Christina A. Snyder. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the Federal Rules of Civil Procedure. See document for details. (gk) |
| Filing 2 STATEMENT of Interested Parties filed by Defendants Countrywide Financial Corporation, Bank of America Corporation. (et) (ds). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA for the County of Ventura, case number 56-2009-00347462-CU-OE-VTA with CONFORMED FILED copy of summons and Class Action Complaint. Case assigned to Judge Christina A. Snyder, Discovery to Magistrate Judge Patrick J. Walsh. (Filing fee $ 350 PAID. ), filed by Defendants Countrywide Financial Corporation, Bank of America Corporation.(et) Modified on 8/13/2009 (et). (ds). |
| CONFORMED COPY OF ANSWER to Class Action Complaint #1 filed by Defendants Countrywide Financial Corporation, Bank of America Corporation. [FILED IN STATE COURT ON 8/11/2009 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL.] (et) |
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