Luis Mireles et al v. Wells Fargo Bank NA et al
| Luis Mireles, Georgia Mireles, Paula L Kazmierzak, Ramon Alvarez, Rue Ann Barrow, Kenneth W Base, Katja K Base, John Berrios, Nora Berrios, Allen Bickerstaff, Rose Bickerstaff, Nasrin Chadorbaf, Rosa Courtney, Jeffrey J Daigle, Laura Danlasky, David Cecil, Linda L Foster, Terry S Keefer, Veronica Padilla, Maria Lopez, Chauntee Mathis, Zoila Delcia Melgar, Thu Ha Nong, Elvira R P Alac, William R Schraner, Jr, Janet Schraner, Maria C Tamayo, Joan Waddell, Steven M Weiss, Gary R Woolever, Richard Wu, Ivy Wu, Rebecca Sierra, Sammie Noel, Cristina Magana, Aaron M Doss, Jose Martin Valdovinos, Melanie Valdovinos, Loreli Wahl, Magdalena Luna, Olga Orgounova, Fausto Callegarini, Thomas Burns, Robin Burns, David Nyquist, Corinna Nyquist, James Salo, Claire Salo, Marcy F Kaplan, Sheryl E Breault, Allison J Herbert, Stirling Hale, Michelle Hale, Mamie Y Thomas, Robert Harrick, Geraldine Harrick, Katherine Ward, Patricia Lopez, Roger Housgard, Lena Housgard, Christopher Bitner, Mariola Bitner, Joseph Labate, Cheryl Labate, Richard Elam, Esther Merki, Joe Chavez, David Zamora, Gaviela Zamora, Daniel Spatacean, Cosmina R Spatacean, Pamela Meier, Patricia Meier, Sven Walker, Richard Couture, Marcella Villalpando, Richard Villalpando, Chor Chun Ngan, Patrice Thompson, Paul Pease, Cynthia M Pease, Norma Garcia, Te Van Nguyen, Natividad Terrazas, Alex Calder, David Oxley, Ramiro Rodriguez, Roselia Rodriguez, Tony Beizaee, Alice Ganzon, Yasuharu Kuroiwa, Kayako Kuroiwa, John Calderone, Virginia Villasenor, Felix Villasenor, Jr, Linda Tran, Wayne Wiliams, Suzanne Williams, Teeri A Penkert, Rhonda K Penkert, Douglas Fernandes, Renan Pulecio, Jeannette Pulecio, Adrian Flores, Gabriela Flores, Shelah Speigel and Rudy Morgan |
| Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage, Golden West Financial Corporation, Wachovia Mortgage FSB, World Savings Bank FSB, World Savings Inc, Cal-Western Reconveyance Corporation and Does 1 through 100, inclusive |
| 2:2011cv07720 |
| September 16, 2011 |
| U.S. District Court for the Central District of California |
| Margaret M Morrow |
| fernando m olguin |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2012. A more recent docket listing may be available from PACER.
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| Filing 39 TRANSCRIPT ORDER for date of proceedings 1/9/2012 to 1/9/2012 as to Defendant Wells Fargo Bank NA Court Reporter Mark Schweitzer. Court will contact Elizabeth Adelakun at [email protected] with any questions regarding this order. Transcript portion requested: Opinion of the Court on 1/9/2012. Other: Transcript of Proceeding Re Motion to Remand. Category: 14 Day. (Marder, Neal) |
Filing 38
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND; DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT by Judge Margaret M. Morrow. The court grants plaintiffs' motion, and directs the clerk to remand the action to Los Angeles Superior Court forthwith. The court denies defendants' motion to dismiss as moot. Case number BC467652 Case Terminated. Made JS-6 (Attachments: #1 remand letter) (bp)
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| Filing 37 MINUTES OF Plaintiff's Motion to Remand #13 ; Joinder by Cal-Western [25[; Scheduling Conference taking under advisement held before Judge Margaret M. Morrow: 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 to remand under submission.Court Reporter: Mark Schweitzer. (bp) |
| Filing 36 Joint Rule 26(f) Report filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage (Robertson, Drew) |
| Filing 35 JOINT ADR PROGRAM QUESTIONNAIRE filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage.(Robertson, Drew) |
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Filing 34
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Dolly M. Gee, for the reasons set forth on this order. Related Case No. CV11-05573 DMG (SSx) (at)
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| Filing 33 REPLY in support of MOTION to Remand Case to Los Angeles Superior Court #13 filed by Plaintiffs Elvira R P Alac, Ramon Alvarez, Rue Ann Barrow, Katja K Base, Kenneth W Base, Tony Beizaee, John Berrios, Nora Berrios, Allen Bickerstaff, Rose Bickerstaff, Christopher Bitner, Mariola Bitner, Sheryl E Breault, Robin Burns, Thomas Burns, Alex Calder, John Calderone, Fausto Callegarini, Fausto Callegarini, David Cecil, Nasrin Chadorbaf, Joe Chavez, Rosa Courtney, Richard Couture, Jeffrey J Daigle, Laura Danlasky, Aaron M Doss, Richard Elam, Douglas Fernandes, Adrian Flores, Gabriela Flores, Linda L Foster, Alice Ganzon, Norma Garcia, Michelle Hale, Stirling Hale, Geraldine Harrick, Robert Harrick, Allison J Herbert, Lena Housgard, Roger Housgard, Marcy F Kaplan, Paula L Kazmierzak, Terry S Keefer, Kayako Kuroiwa, Yasuharu Kuroiwa, Cheryl Labate, Joseph Labate, Maria Lopez, Patricia Lopez, Magdalena Luna, Cristina Magana, Chauntee Mathis, Pamela Meier, Patricia Meier, Zoila Delcia Melgar, Esther Merki, Georgia Mireles, Luis Mireles, Rudy Morgan, Chor Chun Ngan, Te Van Nguyen, Sammie Noel, Thu Ha Nong, Corinna Nyquist, David Nyquist, Olga Orgounova, David Oxley, Veronica Padilla, Cynthia M Pease, Paul Pease, Rhonda K Penkert, Teeri A Penkert, Jeannette Pulecio, Renan Pulecio, Ramiro Rodriguez, Roselia Rodriguez, Claire Salo, James Salo, Janet Schraner, William R Schraner, Jr, Rebecca Sierra, Cosmina R Spatacean, Daniel Spatacean, Shelah Speigel, Maria C Tamayo, Natividad Terrazas, Mamie Y Thomas, Patrice Thompson, Linda Tran, Jose Martin Valdovinos, Melanie Valdovinos, Marcella Villalpando, Richard Villalpando, Felix Villasenor, Jr, Virginia Villasenor, Joan Waddell, Loreli Wahl, Sven Walker, Katherine Ward, Katherine Ward, Steven M Weiss, Wayne Wiliams, Suzanne Williams, Gary R Woolever, Ivy Wu, Richard Wu, David Zamora, Gaviela Zamora. (Torchia, Vito) |
| Filing 32 REPLY in support First MOTION to Dismiss Case #21 filed by Defendants Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (Attachments: #1 Supplement Defendants' Request for Judicial Notice in Support of Defendants' Reply in Further Support of Motion to Dismiss Complaint)(Robertson, Drew) |
| Notice of Electronic Filing re Reply (Motion related), Reply (Motion related) #32 e-mailed to [email protected] bounced due to recipient not found. 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. (tyw) TEXT ONLY ENTRY |
| Notice of Electronic Filing re Response in Opposition to Motion #29 , Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #31 , Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #30 , Response in Opposition to Motion, #28 e-mailed to [email protected] bounced due to recipient not found. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to [email protected]. 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. (tyw) TEXT ONLY ENTRY |
| Filing 31 Opposition In Opposition re: First MOTION to Dismiss Case #21 , MOTION for Joinder in First MOTION to Dismiss Case #21 Joinder of Defendant Cal-Western Reconveyance Corporation in Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, America's Servicing Company and Wachovia Mortgage, FSB's Notice of Moti MOTION for Joinder in First MOTION to Dismiss Case #21 Joinder of Defendant Cal-Western Reconveyance Corporation in Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, America's Servicing Company and Wachovia Mortgage, FSB's Notice of Moti #25 filed by Plaintiff Luis Mireles. (Torchia, Vito) |
| Filing 30 Opposition re: First MOTION to Dismiss Case #21 , MOTION for Joinder in First MOTION to Dismiss Case #21 Joinder of Defendant Cal-Western Reconveyance Corporation in Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, America's Servicing Company and Wachovia Mortgage, FSB's Notice of Moti MOTION for Joinder in First MOTION to Dismiss Case #21 Joinder of Defendant Cal-Western Reconveyance Corporation in Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, America's Servicing Company and Wachovia Mortgage, FSB's Notice of Moti #25 filed by Plaintiff Luis Mireles. (Torchia, Vito) |
| Filing 29 OPPOSITION /Joinder to Wells Fargo Bank et al's Opposition to Plaintiff's Motion to Remand filed by Defendant Cal-Western Reconveyance Corporation. (Wright, Robin) |
| Filing 28 OPPOSITION to MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (Attachments: #1 Supplement Defendants' Request for Judicial Notice in Support of Defendants' Opposition to Plaintiffs' Motion to Remand)(Robertson, Drew) |
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Filing 27
MINUTE ORDER IN CHAMBERS Order Advancing Briefing on Defendants' Motion to Dismiss and Joinder to Dismiss #25 ; Plaintiffs' Motion to Remand #13 by Judge Margaret M. Morrow: Any oppositions to the above motions shall be filed on or before Monday, December 5, 2011. Any replies to the oppositions shall be filed on or before Monday, December 12, 2011. (bp)
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| Filing 26 Certificate of Interested Parties filed by Defendant Cal-Western Reconveyance Corporation, identifying Prommis Solutions, Inc.. (Wright, Robin) |
| Filing 25 NOTICE OF MOTION AND MOTION for Joinder in First MOTION to Dismiss Case #21 Joinder of Defendant Cal-Western Reconveyance Corporation in Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, America's Servicing Company and Wachovia Mortgage, FSB's Notice of Motion And Motion to Dismiss Plaintiff's Complaint filed by Defendant Cal-Western Reconveyance Corporation. Motion set for hearing on 1/9/2012 at 10:00 AM before Judge Margaret M. Morrow. (Wright, Robin) |
| Filing 24 NOTICE Joinder in Motion to Remand filed by Plaintiff Katja K Base, Kenneth W Base. (Epstein, David) |
| Filing 23 CERTIFICATE OF SERVICE filed by plaintiff Luis Mireles, re MOTION to Remand Case to Los Angeles Superior Court #13 , Request for Judicial Notice, Request for Relief,, #14 , Certificate/Notice of Interested Parties #15 served on 10-14-2011 & 10-18-2011. (Torchia, Vito) |
| Filing 22 REQUEST FOR JUDICIAL NOTICE re First MOTION to Dismiss Case #21 filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (Robertson, Drew) |
| Filing 21 NOTICE OF MOTION AND First MOTION to Dismiss Case filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. Motion set for hearing on 1/9/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order [Proposed] Order Granting Defendants' Motion to Dismiss Complaint)(Robertson, Drew) |
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Filing 20
ORDER by Judge Margaret M. Morrow: granting #17 Application to Appear Pro Hac Vice by Attorney Stacie C. Knight on behalf of efendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage, designating Drew A. Robertson as local counsel. (lt)
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Filing 19
ORDER by Judge Margaret M. Morrow: granting #16 Application to Appear Pro Hac Vice by Attorney T. Thomas Cottingham, III on behalf of defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage, designating Drew A. Robertson as local counsel. (lt)
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Filing 18
MINUTE ORDER IN CHAMBERS Court Order Setting Scheduling Conference by Judge Margaret M. Morrow: Counsel are hereby notified that a Scheduling Conference set been set for 1/9/2012 10:10 AM before Judge Margaret M. Morrow. (bp)
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| Filing 17 First APPLICATION for attorney Stacie Corbett Knight to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9375677 paid.) filed by defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (Attachments: #1 Supplement North Carolina Certificate of Good Standing, #2 Supplement South Carolina Certificate of Good Standing, #3 Proposed Order [Proposed] Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Robertson, Drew) |
| Filing 16 First APPLICATION for attorney Tracy Thomas Cottingham, III to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9375433 paid.) filed by defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (Attachments: #1 Supplement North Carolina Certificate of Good Standing, #2 Supplement Alabama Certificate of Good Standing, #3 Proposed Order [Proposed] Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Robertson, Drew) |
| Filing 15 Plaintiffs' Notice of Interested Parties filed by plaintiffs All Plaintiffs, identifying None. (Torchia, Vito) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re MOTION to Remand Case to Los Angeles Superior Court #13 filed by plaintiffs Elvira R P Alac, et al. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Torchia, Vito) Modified on 10/17/2011 (ah). |
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiffs Elvira R P Alac, et al. Motion set for hearing on 1/9/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Torchia, Vito) Modified on 10/17/2011 (ah). |
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Filing 12
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Margaret M. Morrow: The Court hereby orders that the request of: Katja Base, Kenneth Base Plaintiffs to substitute David G. Epstein as attorney of record in place and stead of Vito Torchia, Jr. #11 Application to Substitute Attorney. (bp)
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| Filing 11 APPLICATION to Substitute attorney David G. Epstein in place of attorney Vito Torchia, Jr. filed by Plaintiff Katja K Base, Kenneth W Base. (Epstein, David) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Americas Servicing Company answer now due 10/21/2011; Wachovia Bank FSB answer now due 10/21/2011; Wells Fargo Bank NA answer now due 10/21/2011; Wells Fargo Home Mortgage answer now due 10/21/2011; World Savings Bank FSB answer now due 10/21/2011, filed by Defendants Americas Servicing Company; Wachovia Bank FSB; Wells Fargo Bank NA; Wells Fargo Home Mortgage.(Robertson, Drew) |
| Filing 9 Certificate OF SERVICE filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage, World Savings Bank FSB, re Notice of Removal, #1 served on 09/19/2011. (Robertson, Drew) |
| Filing 8 OF SERVICE filed by Defendants Americas Servicing Company, Wells Fargo Bank NA, Wells Fargo Home Mortgage, World Savings Bank FSB, re Notice of Removal, #1 Certificate of Service of Removal Documents Filed with Superior Court served on 09/19/2011. (Attachments: #1 Exhibit 1)(Robertson, Drew) |
| Filing 7 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Stacie C. Knight for Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) |
| Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to T. Thomas Cottingham for Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) |
| Filing 5 NOTICE TO PARTIES OF ADR PROGRAM filed.(esa) |
| Filing 4 DECLARATION of MICHAEL J DOLAN in support of Notice of Removal, #1 filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (esa) (yl). |
| Filing 3 DECLARATION of DREW A ROBERTSON in support of Notice of Removal, #1 filed by Defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage. (esa) (yl). |
| Filing 2 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage identifying Other Affiliate WFC Holdings Corporation, Other Affiliate Wells Fargo & Company for Wells Fargo Bank NA. (esa) (yl). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA Los Angeles County, case number BC467652 with CONFORMED copies of summons and complaint. Case assigned to Judge Margaret M. Morrow, discovery to Magistrate Judge Fernando M Olguin; (Filing fee $ 350 PAID ); filed by defendants Americas Servicing Company, Wachovia Bank FSB, Wells Fargo Bank NA, Wells Fargo Home Mortgage.(esa) (yl). |
| PROOF OF SERVICE Executed by Plaintiff Luis Mireles et al upon Defendant Wells Fargo Bank NA served on 8/19/2011. Service of the Summons and Complaint were executed upon CSC in compliance with statute not specified by service on a domestic corporation. Original Summons NOT returned. (esa) |
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