Plaza Bank v. Federal Deposit Insurance Corporation et al
| Professional Business Bank, Commerce First Financial Inc., Bank of Manhattan, N.A. and Plaza Bank |
| Federal Deposit Insurance Corporation and DOES 1 through 10, inclusive |
| 2:2010cv04614 |
| June 22, 2010 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alicia G Rosenberg |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 21, 2016. A more recent docket listing may be available from PACER.
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| Filing 123 STIPULATION to Dismiss Case pursuant to FRCP Rule 41(a) filed by plaintiff Plaza Bank.(Esterkin, Richard) |
| Filing 122 Notice of Withdrawal of Counsel filed by Plaintiff Commerce First Financial Inc. (Pappy, Elizabeth) |
Filing 121
ORDER ON THIRD STIPULATION EXTENDING TIME TO FILE MOTION FOR ALLOWANCE OF ATTORNEYS FEES #120 by Judge Michael W. Fitzgerald. The parties having stipulated thereto, and good cause appearing therefor, it is hereby ordered that Plaintiff Plaza Bank may file a motion for its attorneys' fees herein on or before March 31, 2016. (lom)
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| Filing 120 Third STIPULATION for Extension of Time to File Motion for Allowance of Attorney's Fees filed by plaintiff Plaza Bank. (Attachments: #1 Proposed Order Exhibit 1)(Esterkin, Richard) |
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Filing 119
ORDER by Judge Michael W. Fitzgerald: The Second Stipulation for Extension of Time to File Motion for Allowance of Attorneys' Fees #118 is GRANTED. Plaintiff Plaza Bank may file a motion for its attorneys' fees on or before 02/29/2016. IT IS SO ORDERED. (cw)
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| Filing 118 Second STIPULATION for Extension of Time to File Motion for Allowance of Attorney's Fees filed by plaintiff Plaza Bank. (Attachments: #1 Proposed Order Exhibit 1)(Esterkin, Richard) |
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Filing 117
ORDER On Stipulation Extending Time to File Motion for Allowance of Attorney's Fees #113 by Judge Michael W. Fitzgerald that Plaintiff Bank of Manhattan may file a motion for its attorney's fees herein on or before 1/28/2016. (jp)
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Filing 116
ORDER ON STIPULATION SUBSTITUTING PARTY PLAINTIFF #114 by Judge Michael W. Fitzgerald that Plaza Bank is substituted as the party plaintiff in this case. (jp)
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| Filing 115 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Michael W. Fitzgerald for all further proceedings. Case number will now read as CV10-04614 MWF (AGRx). (mg) |
| Filing 114 STIPULATION for Order Substituting Party Plaintiff filed by Plaintiff Bank of Manhattan, N.A.. (Attachments: #1 Exhibit 1 - [Proposed] Order Substituting Party Plaintiff)(Esterkin, Richard) |
| Filing 113 STIPULATION for Extension of Time to File Motion for Allowance of Attorney's Fees filed by Plaintiff Bank of Manhattan, N.A.. (Attachments: #1 Proposed Order Exhibit 1, Proposed Order)(Esterkin, Richard) |
| Filing 112 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 , CCA # 12-56737. The judgment of this Court, entered March 04, 2015, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car) |
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Filing 110
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 filed by Federal Deposit Insurance Corporation. CCA # 12-56737. The petition for rehearing en banc is DENIED. (mat)
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Filing 109
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 filed by Federal Deposit Insurance Corporation. CCA # 12-56737. The Federal Deposit Insurance Corporation's Motion for Lauren M. Weinstein to Participate in This Matter, filed with this court on April 17, 2015, isGRANTED. [See document for more details] (mat)
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| Filing 111 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 filed by Federal Deposit Insurance Corporation. CCA # 12-56737. The decision of the District Court is Affirmed [See document for further information] (car) |
| Filing 108 NOTICE Notice Under Ninth Circuit Rule 10-3.1(c) That No Transcripts Will Be Ordered filed by defendant Federal Deposit Insurance Corporation. (Angel, Michael) |
| Filing 107 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56737, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #106 as to Defendant Federal Deposit Insurance Corporation. (car) |
| Filing 106 NOTICE OF APPEAL to the 9th CCA filed by defendant and intervenor Federal Deposit Insurance Corporation. Appeal of Judgment, #105 (Appeal fee of $455 receipt number 0973-10997350 paid.) (Angel, Michael) |
| Filing 105 JUDGMENT by Judge Gary A. Feess. It is hereby ordered, adjudged and decreed tha6t: Plaintiff, Bank of Manhattan, have judgment against Defendant Federal Deposit Insurance Corporation in its Capacity as Receiver for First Heritage Bank, N.A. in the sum of $1,557,289.28; and This Court shall retain jurisdiction to decide a motion for attorneys fees and costs herein until following the conclusion of any appeal from this judgment. (MD JS-6, Case Terminated). (bp) |
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Filing 104
ORDER on Stipulation Re Attorneys Fees #102 by Judge Gary A. Feess. IT IS HEREBY ORDERED that Plaintiff Bank of Manhattan may file a motion for its attorneys fees herein within the parameters set forth by this order. See order for details. (csi)
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| Filing 103 STATUS REPORT Joint Status Report filed by Plaintiff Bank of Manhattan, N.A.. (Attachments: #1 Proposed Order Exhibit 1, Judgment)(Esterkin, Richard) |
| Filing 102 STIPULATION for Extension of Time to File plaintiff's motion seeking an award of attorneys fees filed by plaintiff Bank of Manhattan, N.A.. (Attachments: #1 Proposed Order Exhibit 1, Proposed Order)(Esterkin, Richard) |
| Filing 101 MINUTES OF Scheduling Conference held before Judge Gary A. Feess. The parties are to meet and confer and file a Stipulation and Proposed Order with a Schedule for a motion for attorney's fees hearing or a Joint Status Report as to the issue of attorneys' fees. The stipulation and/or report is to be filed no later than August 24, 2012. The Trial date is VACATED. The court will hold in abeyance the Judgment in this matter.Court Reporter: Wil Wilcox. (bp) |
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Filing 100
ORDER ON STIPULATION TO ORDER SUBSTITUTING PARTIES by Judge Gary A. Feess. IT IS HEREBY ORDERED that Bank of Manhattan, N.A. is hereby substituted as the Plaintiff in lieu of Professional Business Bank herein., Bank of Manhattan, N.A. added. Professional Business Bank terminated. (bp)
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| Filing 99 STIPULATION for Leave to Substitute Parties filed by plaintiff Professional Business Bank. (Attachments: #1 Proposed Order)(Esterkin, Richard) |
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Filing 98
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Gary A. Feess: The Court hereby orders that the request of: Professional Business Bank, Inc. to substitute Morgan, Lewis & Bockius LLP, as attorney of record in place and stead of Ezra Brutzkus Gubner LLP #97 Request to Substitute Attorney. Attorney Nicholas A Rozansky; David Ali Tashroudian; Larry Wayne Gabriel and Steven T Gubner terminated (bp)
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| Filing 97 REQUEST to Substitute attorney Morgan, Lewis & Bockius LLP in place of attorney Ezra Brutzkus Gubner LLP filed by plaintiff Professional Business Bank. (Attachments: #1 Proposed Order)(Esterkin, Richard) |
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Filing 96
ORDER by Judge Gary A. Feess. The Stipulation is GRANTED and the dates are continued as follows: Hearing on Motions in Limine 9/4/2012 at 9:30 a.m,, Jury Trial is continued to 9/11/2012 at 8:30 AM before Judge Gary A. Feess; Pretrial Conference set for 8/6/2012 at 3:30 PM before Judge Gary A. Feess. (rfi)
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| Filing 95 STIPULATION to Continue PRETRIAL CONFERENCE AND TRIAL from JULY 9, 2012 AND AUGUST 7, 2012 to AUGUST 6, 2012 AND SEPTEMBER 11, 2012 Re: Order, Set/Reset Deadlines/Hearings,, #82 filed by PLAINTIFF Professional Business Bank. (Attachments: #1 Proposed Order APPROVING STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE AND TRIAL)(Rozansky, Nicholas) |
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Filing 94
ORDER by Judge Gary A. Feess. IT IS HEREBY ORDERED that Commerce First Financial, Inc. v. Professional Business Bank, et.al., Case No. CV10-07513 is dismissed with prejudice pursuant to FRCP 41. (rrey)
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| Filing 93 STIPULATION to Dismiss Case pursuant to Settlement filed by Plaintiff/Cross-defendant Commerce First Financial Inc..(Pappy, Elizabeth) |
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Filing 92
MINUTES (IN CHAMBERS): ORDER by Judge Gary A. Feess: denying #85 Motion for Leave to Amend Answer. (rrey)
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Filing 91
DENIED BY ORDER OF THE COURT by Judge Gary A. Feess: denying #90 Application for Leave to appear at the motion set for hearing telephonically (bp)
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| Filing 90 APPLICATION for Leave of Elizabeth M. Pappy to Appear for Telephonically at the Motion Set for Hearing filed by Plaintiff/Cross-Defendant Commerce First Financial Inc.. (Pappy, Elizabeth) |
| Filing 89 REPLY in Support of MOTION for Order for LEAVE TO AMEND ANSWER #85 filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 88 DECLARATION of Elizabeth Pappy In Opposition To MOTION for Order for LEAVE TO AMEND ANSWER #85 filed by Plaintiff Commerce First Financial Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pappy, Elizabeth) |
| Filing 87 MEMORANDUM in Opposition to MOTION for Order for LEAVE TO AMEND ANSWER #85 filed by Plaintiff Commerce First Financial Inc.. (Pappy, Elizabeth) |
| Filing 86 DECLARATION of NICHOLAS A. ROZANSKY IN SUPPORT OF MOTION for Order for LEAVE TO AMEND ANSWER #85 filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 85 NOTICE OF MOTION AND MOTION for Order for LEAVE TO AMEND ANSWER filed by PLAINTIFF/DEFENDANT Professional Business Bank. Motion set for hearing on 2/6/2012 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Proposed Order ON PROFESSIONAL BUSINESS BANK, INC.S MOTION FOR ORDER GRANTING LEAVE TO AMEND ANSWER)(Rozansky, Nicholas) |
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Filing 84
ORDER APPROVING STIPULATION SETTING LAST DAY FOR PROFESSIONAL BUSINESS BANK, INC. TO FILE MOTION FOR LEAVE TO FILE AMENDED ANSWER by Judge Gary A. Feess, (bp)
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| Filing 83 STIPULATION to Reschedule LAST DAY FOR PROFESSIONAL BUSINESS BANK, INC. TO FILE MOTION FOR LEAVE TO FILE AMENDED ANSWER filed by PLAINTIFF Professional Business Bank. (Attachments: #1 Proposed Order APPROVING STIPULATION SETTING LAST DAY FOR PROFESSIONAL BUSINESS BANK, INC. TO FILE MOTION FOR LEAVE TO FILE AMENDED ANSWER)(Rozansky, Nicholas) |
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Filing 82
ORDER by Judge Gary A. Feess: Last to Amend Pleadings or Add Parties 1/6/2012., Discovery cut-off 5/18/2012., Last day for hearing Motions 6/4/2012., Hearing on Motions in Limine 7/30/2012., Proposed Pretrial Order due by 6/25/2012., Last date to conduct settlement conference is 6/15/2012., Jury Trial set for 8/7/2012 08:30 AM., Pretrial Conference set for 7/9/2012 03:30 PM. (bp)
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| Filing 81 JOINT REPORT of Scheduling Conference filed by Plaintiff Commerce First Financial Inc.. (Pappy, Elizabeth) |
| Filing 80 RESPONSE filed by Defendant Federal Deposit Insurance Corporationto Minutes of In Chambers Order/Directive - no proceeding held #79 FDIC's Response to Court's Order dated 11/22/11 re Stipulation to Schedule Leading to Trial (Angel, Michael) |
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Filing 79
MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: The parties are Ordered to meet and confer and file a stipulation and proposed order with a schedule leading to Trial. (bp)
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Filing 78
MEMORANDUM & ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT BY DEFENDANT FEDERAL DEPOSIT INSURANCE CORPORATION, PLAINTIFF/DEFENDANT PROFESSIONAL BUSINESS BANK, AND PLAINTIFF/CROSS-DEFENDANT COMMERCE FIRST FINANCIAL, INC. by Judge Gary A. Feess: #51 , #63 (bp)
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| Filing 77 MINUTES OF Motion Hearing held before Judge Gary A. Feess: DEFENDANT AND INTERVENOR FEDERAL DEPOSITION INSURANCE CORPORATION, AS RECEIVER FOR FIRST HERITAGE BANK, N.A., MOTION FOR SUMMARY JUDGMENT (filed 7/11/11) #51 ; PLAINTIFF/CROSS DEFENDANT'S COMMERCE FIRST FINANCIAL, INC'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY SUMMARY ADJUDICATION AS TO CROSS-COMPLAINT AND AFFIRMATIVE DEFENSES OF DEFENDANT/CROSS-COMPLAINANT PROFESSIONAL BUSINESS BANK(filed 8/15/11) #63 . The matter is taken under submission, a written order to follow.Court Reporter: Lisa Gonzalez. (rrey) |
| Filing 76 REPLY In Support of MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by Defendant Federal Deposit Insurance Corporation. (Angel, Michael) |
| Filing 75 REPLY in Support of MOTION for Summary Judgment as to Cross-Complaint and Affirmative Defenses of Professional Business Bank #63 filed by Plaintiff Commerce First Financial Inc.. (Attachments: #1 Declaration of Elizabeth M. Pappy)(Pappy, Elizabeth) |
| Filing 74 DECLARATION of Nicholas A. Rozansky in Opposition to MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 , MOTION for Summary Judgment as to Cross-Complaint and Affirmative Defenses of Professional Business Bank #63 DECLARATION OF NICHOLAS A. ROZANSKY IN SUPPORT OF PROFESSIONAL BUSINESS BANKS OPPOSITION TO COMMERCE FIRST FINANCIALS MOTION FOR SUMMARY JUDGMENT, AND REPLY IN SUPPORT OF PROFESSIONAL BUSINESS BANKS MOTION FOR SUMMARY JUDGMENT, SUBMITTED FOR PURPOSES OF PRESENTING PORTIONS OF ANDREW SMITHS DEPOSITION TESTIMONY AND THE EXHIBITS THERETO filed by Plaintiff Professional Business Bank. (Attachments: #1 Exhibit A to Rozansky Declaration, #2 Exhibit B to Rozansky Declaration, #3 Exhibit C to Rozansky Declaration, #4 Exhibit D to Rozansky Declaration, #5 Exhibit E to Rozansky Declaration, #6 Exhibit F to Rozansky Declaration, #7 Exhibit G to Rozansky Declaration, #8 Exhibit H to Rozansky Declaration, #9 Exhibit I to Rozansky Declaration, #10 Exhibit J to Rozansky Declaration, #11 Exhibit K to Rozansky Declaration)(Rozansky, Nicholas) |
| Filing 73 REPLY in Support of MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 REPLY OF PROFESSIONAL BUSINESS BANK IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST COMMERCE FIRST FINANCIAL filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 72 NOTICE OF ERRATA filed by Plaintiff Professional Business Bank. correcting Objection/Opposition (Motion related) #69 Table of Authorities (Tashroudian, David) |
| Filing 71 STATEMENT of Genuine Disputes Responsive to Commerce First Financial, Inc.'s Separate Statement filed in support of MOTION for Summary Judgment as to Cross-Complaint and Affirmative Defenses of Professional Business Bank #63 filed by Plaintiff Professional Business Bank. (Tashroudian, David) |
| Filing 70 REQUEST FOR JUDICIAL NOTICE In Support of Opposition to Motion for Summary Judgment filed by plaintiff Professional Business Bank. (Attachments: #1 Exhibit A to Request for Judicial Notice)(Tashroudian, David) |
| Filing 69 OPPOSITION opposition re: MOTION for Summary Judgment as to Cross-Complaint and Affirmative Defenses of Professional Business Bank #63 filed by Plaintiff Professional Business Bank. (Tashroudian, David) |
| Filing 68 MEMORANDUM of Points and Authorities in Opposition to Motion for Summary Judgment of Professional Business Bank Re: Response in Opposition to Motion, #56 (Attachments: #1 Declaration of Elizabeth M. Pappy, #2 Statement of Genuine Issues)(Pappy, Elizabeth) |
| Filing 67 OPPOSITION to Motion for Summary Judgment of Professional Business Bank as against Commerce First Financial filed 8/1/11 filed by Defendant Federal Deposit Insurance Corporation. (Angel, Michael) |
| Filing 66 NOTICE OF FILING TRANSCRIPT filed for proceedings 081511, 4:15 p.m.; (Gonzalez, Lisa) |
| Filing 64 TRANSCRIPT for proceedings held on 081511, 4:15 p.m.;. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number (213) 894-2826. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2011. Redacted Transcript Deadline set for 9/16/2011. Release of Transcript Restriction set for 11/14/2011. (Gonzalez, Lisa) |
| Filing 65 MINUTES OF Scheduling Conference held before Judge Gary A. Feess. Matter called. Counsel state their appearances for the record. Court and counsel confer. Counsel are instructed to fully comply with Federal Rules of Civil Procedure, Rule 26(a). As discussed on the record, the Court will issue further dates after the ruling on the pending Motions for Summary Judgment. Court Reporter: Lisa Gonzalez. (csi) |
| Filing 63 NOTICE OF MOTION AND MOTION for Summary Judgment as to Cross-Complaint and Affirmative Defenses of Professional Business Bank filed by Plaintiff/Cross-defendant Commerce First Financial Inc.. Motion set for hearing on 9/12/2011 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Memorandum, #2 Separate Statement, #3 Declaration of Andrew Smith, #4 Declaration of Elizabeth M. Pappy)(Pappy, Elizabeth) |
| Filing 62 JOINT SCHEDULING CONFERENCE REPORT of Pursuant to Rule 26(f) filed by Defendant Federal Deposit Insurance Corporation. (Brown, Zachary) |
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Filing 61
ORDER APPROVING STIPULATION CONTINUING MOTIONS FOR SUMMARY JUDGMENT AND SETTING BRIEFING SCHEDULE by Judge Gary A. Feess. The hearing date on the F.D.I.C. Motion and PBB Motion is hereby continued to September 12, 2011 at 9:30 a.m, and The new filing deadline for opposition papers is Monday, August 22, 2011 and the new filing deadline for reply papers is Monday, August 29, 2011. (bp)
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| Filing 60 STIPULATION to Continue Motions for Summary Judgment and Setting Briefing Schedule from August 29, 2011 to September 12, 2011 Re: Response in Opposition to Motion, #56 , MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by PLAINTIFF Professional Business Bank. (Attachments: #1 Proposed Order Approving Stipulation Continuing Motions for Summary Judgment and Setting Briefing Schedule)(Rozansky, Nicholas) |
| Filing 59 DECLARATION of STEVE BLAIR in Support of Opposition to Motion for Summary Judgment MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 58 DECLARATION of NICHOLAS A. ROZANSKY in Support of Opposition to Motion for Summary Judgment MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by Plaintiff Professional Business Bank. (Attachments: #1 Exhibit A TO DECLARATION OF NICHOLAS A. ROZANSKY, #2 Exhibit B TO DECLARATION OF NICHOLAS A. ROZANSKY, #3 Exhibit C TO DECLARATION OF NICHOLAS A. ROZANSKY, #4 Exhibit D TO DECLARATION OF NICHOLAS A. ROZANSKY, #5 Exhibit E TO DECLARATION OF NICHOLAS A. ROZANSKY)(Rozansky, Nicholas) |
| Filing 57 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW; PROPOSED JUDGMENT MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 56 OPPOSITION to MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 and Motion for Summary Judgment of Professional Business Bank as Against Commerce First Financial in Related Action CV10-07513 filed by Plaintiff Professional Business Bank. (Attachments: #1 Proposed Order)(Rozansky, Nicholas) |
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Filing 55
ORDER APPROVING STIPULATION CONTINUING MOTION FOR SUMMARY JUDGMENT AND SETTING BRIEFING SCHEDULE by Judge Gary A. Feess. The hearing date on the Motion is hereby continued to August 29, 2011. (bp)
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| Filing 54 STIPULATION to Continue THE FEDERAL DEPOSIT INSURANCE CORPORATIONS MOTION FOR SUMMARY JUDGMENT; AND SETTING BRIEFING SCHEDULE from August 15, 2011 to August 29, 2011 Re: MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by PLAINTIFF Professional Business Bank. (Attachments: #1 Proposed Order Approving Stipulation to Court Order 1. Continuing the Federal Deposit Insurance Corporation's Motion for Summary Judgment; and 2. Setting Briefing Schedule)(Rozansky, Nicholas) |
| Filing 53 Notice of Withdrawal of Stipulation to Continue, #52 filed by PLAINTIFF Professional Business Bank. (Rozansky, Nicholas) |
| Filing 52 STIPULATION to Continue Motion for Summary Judgment and Setting Briefing Schedule from August 15, 2011 to August 29, 2011 Re: MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof #51 filed by PLAINTIFF Professional Business Bank.(Rozansky, Nicholas) |
| Filing 51 NOTICE OF MOTION AND MOTION for Summary Judgment Memorandum of Points and Authorities in Support Thereof filed by Defendant and Intervenor Federal Deposit Insurance Corporation. Motion set for hearing on 8/15/2011 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Exhibit A)(Angel, Michael) |
| Filing 50 Initial DISCLOSURE filed by Plaintiff Commerce First Financial Inc. (Pappy, Elizabeth) |
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Filing 49
ORDER APPROVING STIPULATION FOR USE OF DISCOVERY CONDUCTED IN STATE COURT ACTION by Magistrate Judge Alicia G. Rosenberg, re Stipulation for Discovery #48 . IT IS HEREBY ORDERED that all discovery conducted in Commerce First Financial, Inc. v. Professional Business Bank, et.al., Los Angeles County Superior Court Case No. GC043243 may be used in this action as if said discovery had been conducted in this action. (rp)
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| Filing 48 Joint STIPULATION for Discovery as to Conducted in State Court Action filed by Plaintiff/Cross-defendant Commerce First Financial Inc.. (Attachments: #1 Proposed Order)(Pappy, Elizabeth) |
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Filing 47
ORDER REGARDING RULE 26(f) SCHEDULING CONFERENCE AND JOINT REPORT by Judge Gary A. Feess. Scheduling Conference set for 8/15/2011 at 01:30 PM before Judge Gary A. Feess. (rfi)
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Filing 46
ORDER by Judge Gary A. Feess: granting #45 Application to Appear Pro Hac Vice by Attorney J. Scott Watson on behalf of Federal Deposit Insurance Corporation, designating Michael A. Angel as local counsel. (lt)
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| Filing 45 APPLICATION for attorney J. Scott Watson to Appear Pro Hac Vice. filed by defendant Federal Deposit Insurance Corporation. (bp) |
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Filing 44
MINUTES IN CHAMBERS: ORDER by Judge Gary A. Feess: The Court has already rendered a ruling denying the motion for reconsideration as it pertains tothe section 1821(d)(2)(G) issue in Deutsche Bank on May 2, 2011, CV 09-3852 GAF (FFMx) (Docket No. #77 ), FDICs motion is DENIED. The hearing presently scheduled for Monday, May 9, 2011, at 9:30 a.m. is hereby VACATED #31 (rfi)
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| Filing 43 ANSWER FDIC Receiver's Answer to Complaint filed by Defendant Federal Deposit Insurance Corporation.(Angel, Michael) |
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Filing 42
MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess:, The Motion hearing presently scheduled for Monday, April 25, 2011, at 9:30 a.m., (Docket No.31), is hereby CONTINUED to Monday, May 9, 2011, at 9:30 a.m. (bp)
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| Filing 41 ANSWER to Intervenor Complaint, #33 filed by Plaintiff/Cross-defendant Commerce First Financial Inc..(Pappy, Elizabeth) |
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Filing 40
MINUTE ORDER IN CHAMBERS ORDER CONTINUING HEARING by Judge Gary A. Feess: The motion hearing presently scheduled for Monday, April 11, 2011, at 9:30 a.m., (Docket No.31), is hereby CONTINUED to Monday, April 25, 2011, at 9:30 a.m., (bp)
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| Filing 39 OF SERVICE filed by defendant and Intervenor Federal Deposit Insurance Corporation, re Certificate/Notice of Interested Parties #35 , Summons Issued #34 served on March 11, 2011. (Angel, Michael) |
| Filing 38 REPLY in support of MOTION to Stay Case pending Court's Ruling on Motion for Reconsideration or Certification for Interlocutory appeal in the Deutsche Bank Case Memorandum of Points and Authorities in Support thereof #31 filed by Defendant Federal Deposit Insurance Corporation. (Angel, Michael) |
| Filing 37 MEMORANDUM in Opposition to MOTION to Stay Case pending Court's Ruling on Motion for Reconsideration or Certification for Interlocutory appeal in the Deutsche Bank Case Memorandum of Points and Authorities in Support thereof #31 filed by Plaintiff Commerce First Financial Inc.. (Pappy, Elizabeth) |
| Filing 36 OPPOSITION in opposition re: MOTION to Stay Case pending Court's Ruling on Motion for Reconsideration or Certification for Interlocutory appeal in the Deutsche Bank Case Memorandum of Points and Authorities in Support thereof #31 filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 35 CERTIFICATION of Interested Parties filed by Defendant/Intervenor Federal Deposit Insurance Corporation, (bp) |
| Filing 34 21 DAY Summons Issued re Intervenor Complaint, #33 as to Defendants Commerce First Financial Inc., Professional Business Bank. (bp) |
| Filing 33 INTERVENOR COMPLAINT against Defendants/Cross-Defendants Commerce First Financial Inc., Professional Business Bank, filed by Intervenor Federal Deposit Insurance Corporation. (Attachments: #1 CMP part 2, #2 CMP part 3, #3 CMP part 4, #4 CMP part 5)(bp) |
| Filing 31 NOTICE OF MOTION AND MOTION to Stay Case pending Court's Ruling on Motion for Reconsideration or Certification for Interlocutory appeal in the Deutsche Bank Case Memorandum of Points and Authorities in Support thereof filed by Defendant/Proposed Intervenor Federal Deposit Insurance Corporation. Motion set for hearing on 4/11/2011 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Exhibit A, #2 Proposed Order)(Angel, Michael) |
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Filing 32
ORDER by Judge Gary A. Feess, re Stipulation. It is ORDERED that CFF's pending Motion to Remand BE TAKEN OFF CALENDAR, FDIC-Receiver's Motion for Leave to File a Complaint in Interventionbe GRANTED; FDIC-Receiver shall manually file their Complaint in Intervention and all attachments no later than March 14, 2011; and, April 15, 2011 be SET AS THE DEADLINE for the parties to file answers or other responsive pleadings to PBB's Complaint and/orFDIC-Receiver's Complaint in Intervention, as appropriate. #30 (rfi)
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| Filing 30 STIPULATION for Issuance of Court Order (1) Taking CFF's Motion to Remand off Calendar without Ruling, and (2) Granting FDIC-Receiver's Motion for Leave to File Complaint in Intervention filed by Defendant & Proposed Intervenor Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(Angel, Michael) |
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Filing 29
MINUTES (IN CHAMBERS): ORDER by Judge Gary A. Feess: denying #5 Motion to Dismiss Case. Finally, the Court ORDERS Commerce First Financial, Inc. and FDIC Receiver to re-notice hearing dates for their respective Motion to Remand and Motion for Leave to File a Complaint in Intervention if the parties still wish to be heard on these matters. (rrey)
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| Filing 28 MINUTES OF Status Conference held before Judge Gary A. Feess. The parties are ordered to attend a private mediation before Judge Tevrizian. If the parties have not resolved the matter on or before 2/4/2011, the Court will issue its ruling on the Motion to Dismiss, presently under submission, and will further issue a schedule as to the motions previously filed with the Court. Court Reporter: Lisa Gonzalez. (csi) |
| Filing 27 JOINDER PROFESSIONAL BUSINESS BANKS JOINDER AND LIMITED OPPOSITION TO THE FDICS MOTION FOR AN ORDER SETTING A MANDATORY SETTLEMENT CONFERENCE AND A TEMPORARY STAY OF PROCEEDINGS filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 25 REPLY filed by Defendant Federal Deposit Insurance Corporation FDIC-Receiver's Reply Memorandum in Support of Motion for (1) Leave to fIle Complaint in Intervention and (2) Imposition of 90-Day Stay of Proceedings (Angel, Michael) |
| Filing 24 DECLARATION of Michael A. Angel in support of FDIC-R's Motion for an Order Setting a Mandatory Settlement Conference and a Stay of Further Proceedings Pending Settlement Negotiations filed by Defendant Federal Deposit Insurance Corporation. (Angel, Michael) |
| Filing 23 NOTICE OF MOTION AND MOTION for Order for 1) Setting a Mandatory Settlement Conference, and 2) Temporary Stay of Proceedings Pending Settlement Negotiations filed by Defendant and Proposed Intervenor Federal Deposit Insurance Corporation. Motion set for hearing on 1/10/2011 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Proposed Order)(Angel, Michael) |
| Filing 22 DECLARATION of Michael A. Angel re Memorandum of Points and Authorities in Opposition (non-motion), Memorandum of Points and Authorities in Opposition (non-motion) #21 Declaration of Michael A. Angel in support of FDIC-R's Opposition to Motion for Remand (filed in consolidated action pursuant to Court's order dated 11/16/10) filed by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 2 Part 1, #5 Exhibit 2 Part 2, #6 Exhibit 3, #7 Exhibit 4)(Angel, Michael) |
| Filing 21 MEMORANDUM of Points and Authorities in Opposition filed by Proposed Intervenor/Defendant Federal Deposit Insurance Corporation. FDIC-R'S OPPOSITION TO MOTION FOR REMAND (filed in consolidated action pursuant to Court's order dated 11/16/10) (Angel, Michael) |
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Filing 26
MINUTE ORDER IN CHAMBERS ORDER RE STATUS CONFERENCE by Judge Gary A. Feess:, The Court has received a Motion for an Order (1) Setting a Mandatory Settlement Conference;and, (2) Temporary Stay of Proceedings Pending Settlement Negotiations. As a result of hearing the Motions currently set for December 20, 2010, the Court, on its own motion, sets a Status Conference for 12/20/2010 09:30 AM. (bp)
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Filing 20
MINUTES (IN CHAMBERS): ORDER RE: MOTION TO CONSOLIDATE ACTIONS AND EX PARTE APPLICATION TO CONTINUE HEARING ON MOTION TO REMAND by Judge Gary A. Feess: the Court GRANTS the motion to consolidate cases CV10-4614 and CV10-7513. The court's october 12, 2010, Order staying all proceedings in CV10-4614 now applies to all proceedings in these consolidated cases. In light of the stay that is in effect until December 7, 2010, the Court CONTINUES the hearings on all pending motions in this case until December 20, 2010, at 9:30 a.m. Commerce First's ex parte application to continue the hearing on its motion to remand until December 6, 2010, is accordingly DENIED as moot #17 (bp)
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| Filing 19 JOINDER in MOTION to Consolidate Cases, as to CV10-07513 GAF, #17 and CV10-07513 GAF (AGRx) filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 18 DECLARATION of Michael A. Angel in support of MOTION to Consolidate Cases, as to CV10-07513 GAF, #17 filed by Defendant FDIC as Receiver for First Heritage Bank, N.A. filed by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Angel, Michael) |
| Filing 17 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to CV10-07513 GAF, filed by Intervenor Federal Deposit Insurance Corporation. Motion set for hearing on 12/6/2010 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Proposed Order)(Angel, Michael) |
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Filing 16
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge John F. Walter, for the reasons set forth on this order. Related Case No. CV 09-06489 JFW(JCx) (rn)
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Filing 15
ORDER by Judge Gary A. Feess, re Stipulation to Stay Case. IT IS HEREBY ORDERED that further proceedings in this action be temporarily stayed as to all parties for a period of 60 days, (i.e., through December 7, 2010). During the stay period, the Court shall not enter a written ruling on FDIC Receiver's motion to dismiss #14 (rfi)
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| Filing 14 STIPULATION to Stay Case pending Settlement Negotiations filed by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order On Stipulation to Imposition of 60-Day Stay of Proceedings, including Stay of Entry of Court's Written Ruling on FDIC-Receiver's Motion to Dismiss, Pending Settlement Negotiations)(Angel, Michael) |
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Filing 13
ORDER by Judge Gary A. Feess: IT IS HEREBY ORDERED that further proceedings in this action be temporarily stayed as to all parties for a period of five business days, (i.e., through October 8, 2010). During the stay period, the Court shall not enter a written ruling on FDIC-Receiver's motion to dismiss. If the parties have made progress but have not yet reached an agreement by that date, then the parties will ask the Court to extend the stay. (rfi)
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| Filing 12 STIPULATION to Stay Case pending Settlement Negotiations filed by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(Angel, Michael) |
| Filing 11 MINUTES OF Motion Hearing held before Judge Gary A. Feess: Court advises counsel of the tentative ruling as stated in court and on the record on above motion and invites counsel to present their oral arguments. Arguments by counsel are heard. The matter is taken under submission, a written order to follow. Court Reporter: Lisa Gonzalez. (rfi) |
| Filing 10 REPLY In Support MOTION to Dismiss Case #5 FDIC-Receiver's Reply Memorandum in Support of Motion to Dismiss filed by Defendant Federal Deposit Insurance Corporation. (Angel, Michael) |
| Filing 9 MEMORANDUM in Opposition to MOTION to Dismiss Case #5 filed by Plaintiff Professional Business Bank. (Rozansky, Nicholas) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Defendant Federal Deposit Insurance Corporation identifying None as Corporate Parent. (Brown, Zachary) |
| Filing 7 Certificate of Interested Parties filed by Defendant Federal Deposit Insurance Corporation, identifying None. (Brown, Zachary) |
| Filing 6 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case #5 filed by Defendant FDIC as Receiver for First Heritage Bank, N.A. Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A)(Angel, Michael) |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant FDIC as Receiver for First Heritage Bank, N.A. Federal Deposit Insurance Corporation. Motion set for hearing on 9/27/2010 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Proposed Order)(Angel, Michael) |
| Filing 4 PROOF OF SERVICE Executed by Plaintiff Professional Business Bank, upon Defendant Federal Deposit Insurance Corporation served on 6/25/2010, answer due 8/24/2010. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Rozansky, Nicholas) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Professional Business Bank, (car) (ds). |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Professional Business Bank (car) (ds). |
| Filing 1 COMPLAINT against Defendants DOES 1 through 10, inclusive, Federal Deposit Insurance Corporation. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff Professional Business Bank.(car) (Additional attachment(s) added on 6/24/2010: #1 Notice of Assignment, #2 Summons, #3 Civil Cover Sheet) (ds). |
| 60 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants DOES 1 through 10, inclusive, Federal Deposit Insurance Corporation. (car) |
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