Nevrik Berberyan v. Bank of America N A et al
| Nevrik Berberyan |
| GE Money Bank, Bank of America N A, Barclays Bank Delaware, Capital One Bank USA N A, GE Capital Financial Inc, HSBC Bank USA N A, Macys Corporate Services Inc, PNC Bank N A, TD Bank N A, Department Stores National Bank and Wells Fargo Bank N A |
| 2:2012cv04431 |
| May 22, 2012 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Michael R Wilner |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2013. A more recent docket listing may be available from PACER.
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Filing 140
ORDER GRANTING THE JOINT STIPULATION TO DISMISS THE ACTION AS TO DEFENDANT GE MONEY BANK, NOW KNOWN AS GE CAPITAL RETAIL BANK by Judge Philip S. Gutierrez, re Stipulation to Dismiss Party #139 : Based on the JOINT STIPULATION TO DISMISS by Plaintiff NEVRIK BERBERYAN and Defendant GE MONEY BANK, now know as GE CAPITAL RETAIL BANK, the above-captioned action is hereby dismissed as to Defendant GE MONEY BANK, now know as GE CAPITAL RETAIL BANK, with prejudice. Each side shall bear its own costs and fees. (Made JS-6. Case Terminated.) (bm)
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| Filing 139 STIPULATION to Dismiss Defendant GE Money Bank filed by Plaintiff GE Money Bank. (Attachments: #1 Proposed Order Proposed Order re Stipulation to Dismiss GE Money Bank)(Xu, Victor) |
| Filing 138 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, the Scheduling Conference, presently set for 05/20/13 135 , is hereby continued to 06/03/2013 at 2:00pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY |
| Filing 137 STATUS REPORT AND REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE filed by Defendant GE Money Bank. (O'Rielly, Daniel) |
| Filing 136 NOTICE of Change of Attorney Information for attorney Victor T Xu counsel for Plaintiff Nevrik Berberyan.Adam Walker is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Nevrik Berberyan (Xu, Victor) |
| Filing 135 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: The Court is in receipt of Plaintiff's Status Report #133 . Accordingly, the Scheduling Conference #89 is hereby reset to 05/20/2013 at 2:00 PM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY |
| Filing 134 STATUS REPORT AND REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE filed by Defendant GE Money Bank. (O'Rielly, Daniel) |
| Filing 133 STATUS REPORT Re Settlement Agreement filed by Plaintiff Nevrik Berberyan. (Xu, Victor) |
| Filing 132 NOTICE OF ERRATA filed by Defendant Wells Fargo Bank N A. correcting Notice of Change of Attorney Information (G-06), #131 (Berkley, David) |
| Filing 131 NOTICE of Change of Attorney Information for attorney David Allan Berkley counsel for Defendant Wells Fargo Bank N A. Adding David A. Berkley as attorney as counsel of record for Wells Fargo Bank, N.A. for the reason indicated in the G-06 Notice. Filed by Defendant WELLS FARGO BANK, N.A. (Berkley, David) |
| Filing 130 NOTICE of Change of Attorney Information for attorney Victor T Xu counsel for Plaintiff Nevrik Berberyan. Adding Victor Xu as attorney as counsel of record for Nevrik Berberyan for the reason indicated in the G-06 Notice. Filed by Plaintiff Nevrik Berberyan (Xu, Victor) |
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Filing 129
MINUTE ORDER IN CHAMBERS RENDERING MOOT by Judge Philip S. Gutierrez re Amendment to First MOTION for Leave to file First Amended Complaint against GE MONEY BANK #112 : Pending before the Court is Plaintiff's motion for leave to file a First Amended Complaint ("FAC"), scheduled for hearing on March 4, 2013. See Dkt. 112. Based on the parties' representations, the parties have reached a settlement. Accordingly, the motion is RENDERED MOOT. (bm)
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Filing 128
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Change of Attorney Info #126 , for the following reasons: Other: Document blank; chambers' copy not delivered to Courtroom 880 as required. (bm)
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| Filing 127 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: PLAINTIFF'S CORRECTED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AGAINST GE MONEY BANK #112 set for hearing on 03/04/13 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY |
| Filing 126 NOTICE of Change of Attorney Information for attorney Victor T Xu counsel for Plaintiff Nevrik Berberyan. Adding Victor Xu as attorney as counsel of record for Nevrik Berberyan for the reason indicated in the G-06 Notice. Filed by Plaintiff Nevrik Berberyan (Xu, Victor) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 3/1/13, DOCUMENT #128 . Modified on 3/1/2013 (bm). |
| Filing 125 FIRST AMENDED COMPLAINT against defendants GE Money Bank; Party Department Stores National Bank (A South Dakota Corporation), HSBC Bank USA N A (A National Association), Macys Corporate Services Inc (A Delaware Corporation), Bank of America N A (A National Associations) and Barclays Bank Delaware (A Delaware Corporation) terminated amending Complaint #3 , filed by plaintiff Nevrik Berberyan. (bm) (Additional attachment(s) added on 2/21/2013: #1 Summons on First Amended Complaint) (bm). |
| 14 DAY Summons Issued re First Amended Complaint #125 as to Defendant GE Money Bank. (bm) |
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Filing 124
MINUTE ORDER IN CHAMBERS DENYING Defendant FDS Bank's motion for attorneys' fees #101 by Judge Philip S. Gutierrez:For the foregoing reasons, the Court DENIES FDS's motion for attorneys' fees. (see document for further details) (bm)
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Filing 123
MINUTES (IN CHAMBERS) ORDER RENDERING MOOT Defendant's motion for judgment on the pleadings and instructing Plaintiff to file a First Amended Complaint by Judge Philip S. Gutierrez finding as moot #104 Motion for Judgment on the Pleadings: The Court finds it appropriate to give Plaintiff an opportunity to amend her complaint, despite the delay, given that this is her first attempt to cure deficiencies in her Complaint. Moreover, the Court is not persuaded at this juncture that amendment would be futile. Accordingly, the Court will permit Plaintiff to file a FAC. Plaintiff is ordered to file a FAC no later than February 20, 2013. Further, Defendant's motion for judgment on the pleadings is RENDERED MOOT. (see document for further details) (bm)
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Filing 122
MINUTES (IN CHAMBERS) ORDER GRANTING in part and DENYING in part Defendant Wells Fargo Bank, N.A.'s motion for costs and attorney's fees by Judge Philip S. Gutierrez granting in part and denying in part #74 Motion for Attorney Fees: For the foregoing reasons, the Court GRANTS Wells Fargo's motion for costs in the amount of $126.28. The Court also GRANTS Wells Fargo's motion for attorneys' fees to the extent that it is based on 28 U.S.C. 1927 and, accordingly, imposes sanctions on Bartoumian in the amount of $10,292. (see document for further details) (bm)
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Filing 121
MINUTES (IN CHAMBERS) ORDER DENYING HSBC Bank, U.S.A.'s motion for attorneys' fees by Judge Philip S. Gutierrez denying #97 Motion for Attorney Fees: Before the Court is Defendant HSBC Bank, U.S.A.'s ("HSBC") motion for an award of attorneys' fees. See Dkt. 97. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. After considering the arguments in the moving and opposing papers, the Court DENIES HSBC's motion. (see document for further details) (bm)
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| Filing 120 REPLY in Support of MOTION for Judgment on the Pleadings as to Dismissing Plaintiffs Complaint against GE Capital Retail Bank #104 and Certificate of Service filed by Defendant GE Money Bank. (O'Rielly, Daniel) |
| Filing 119 NOTICE OF NON-OPPOSITION TO FDS BANK'S AMENDED MOTION FOR ATTORNEY FEES (DOC. 101) filed by Defendant Macys Corporate Services Inc. (Azrael, Julia) |
| Filing 118 REPLY in Support MOTION for Attorney Fees #97 Against Plaintiff in the Amount of $3,750.00 filed by Defendant HSBC Bank USA N A. (Grammatico, Paul) |
| Filing 117 Opposition re: MOTION for Judgment on the Pleadings as to Dismissing Plaintiffs Complaint against GE Capital Retail Bank #104 filed by Plaintiff Nevrik Berberyan. (Walker, Adam) |
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Filing 116
MINUTE ORDER IN CHAMBERS CONTINUING motion to January 28, 2013 by Judge Philip S. Gutierrez: On November 6, 2012, Defendant Wells Fargo Bank ("Wells Fargo") filed a motion for attorneys' fees against Plaintiff Nevrik Berberyan ("Plaintiff"), which is scheduled for hearing on January 7, 2013. See Dkt. # 74. On November 29, 2012, Defendant HSBC Bank, USA ("HSBC") filed its own motion for attorneys' fees against Plaintiff, which is scheduled for hearing on January 28, 2013. See Dkt. # 97. Both motions are based on the premise that Plaintiff filed his Complaint in bad faith. See Dkts. # 74, 97. Plaintiff has opposed both motions. See Dkts. # 105, 111. Because the motions are related, the Court will hear both motions on January 28, 2013. Accordingly, Wells Fargo's motion for attorneys' fees is CONTINUED to January 28, 2013. (bm)
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| Filing 115 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #113 by Clerk of Court that the document is accepted as filed. RE: Corrected Motion For Leave #112 . (bm) |
| Filing 114 REPLY In Support of MOTION for Attorney Fees #74 filed by Defendant Wells Fargo Bank N A. (Attachments: #1 Declaration of David Berkley in Support of Reply)(Berkley, David) |
| Filing 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [Corrected] Motion for Leave #112 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Motions-Leave. Other error(s) with document(s): A struck document cannot be amended and linked back to. Motions for leave to filed amended complaints are not noticed for court hearing. 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. (bm) |
| Filing 112 Amendment to First MOTION for Leave to file First Amended Complaint against GE MONEY BANK #106 filed by Plaintiff Nevrik Berberyan. (Attachments: #1 Proposed First Amended Complaint, #2 Proposed Order)(Walker, Adam) |
| Filing 111 OPPOSITION re: MOTION for Attorney Fees #74 filed by Plaintiff Nevrik Berberyan. (Attachments: #1 Declaration)(Walker, Adam) |
| Filing 110 NOTICE OF NON-OPPOSITION to MOTION for Attorney Fees #74 filed by Defendant Wells Fargo Bank N A. (Attachments: #1 Affidavit [Certificate of Service Re Notice of Non-Opposition to Defendant Wells Fargo Bank, N.A.'s Motion for an Award of Attorneys' Fees])(Berkley, David) |
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Filing 109
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion for Leave to File First A/C #106 , Notice of Errata; Corrected Motion #107 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: The January 14th hearing date was closed on11/26/12 accordingly, the Notice of Errata and the Corrected Motion (doc. 107) are rendered moot. Counsel also failed to e-file a proposed order and submit hard copies to Courtroom 880 as required by the Court. (bm)
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| Filing 108 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave to File First Amended Complaint #106 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Motion. A stand-alone proposed order can be submitted by e-filing a Notice of Lodging with the separate, additional attachment of the proposed order. 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. (bm) |
| Filing 107 NOTICE OF ERRATA filed by Plaintiff Nevrik Berberyan. correcting First MOTION for Leave to file First Amended Complaint against GE MONEY BANK #106 (Attachments: #1 Notice of Motion and Motion for Leave to Amend, #2 Proposed First Amended Complaint)(Walker, Adam) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12/21/12, DOCUMENT #109 Modified on 12/21/2012 (bm). |
| Filing 106 NOTICE OF MOTION AND First MOTION for Leave to file First Amended Complaint against GE MONEY BANK filed by Plaintiff Nevrik Berberyan. (Attachments: #1 Proposed First Amended Complaint)(Walker, Adam) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12/21/12, DOCUMENT #109 . Modified on 12/21/2012 (bm). |
| Filing 105 OPPOSITION re: MOTION for Attorney Fees #97 filed by Plaintiff Nevrik Berberyan. (Walker, Adam) |
| Filing 104 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Dismissing Plaintiffs Complaint against GE Capital Retail Bank filed by Defendant GE Money Bank. Motion set for hearing on 2/4/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Certificate of Service)(O'Rielly, Daniel) |
| Filing 103 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: The Order to Show Cause #77 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY |
| Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Motion #101 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Document should not be linked back to #91 , as it has been stricken from the record. Motion should have been e-filed as a newly noticed motion, using event Motions-Attorney Fees. 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. (bm) |
| Filing 101 Amendment to MOTION for Attorney Fees #91 FDS BANK'S NOTICE OF MOTION AND AMENDED MOTION FOR ATTORNEY FEES filed by Defendant Macys Corporate Services Inc. (Attachments: #1 Proposed Order)(Azrael, Julia) |
| Filing 100 JUDGMENT by Judge Philip S. Gutierrez, The Court, having granted Defendant WELLS FARGO BANK, N.A.'S Motion to Dismiss Plaintiffs Complaint per its Minute Order on October 19, 2012, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. Judgment is entered in favor of WELLS FARGO BANK; N.A. and against Plaintiff Nevrik Berberyan; 2. Plaintiff shall recover nothing in this action; Related to: Order on Motion to Dismiss Case, #59 (lw) |
| Filing 99 DECLARATION of Paul A. Grammatico IN SUPPORT OF DEFENDANT, HSBC BANK, USAS MOTION FOR AN AWARD OF ATTORNEYS FEES IN THE AMOUNT OF $3,7500.00 MOTION for Attorney Fees #97 filed by Defendant HSBC Bank USA N A. (Attachments: #1 Exhibit Exhibits A-1 to A-3 to Declaration of Paul A Grammatico, #2 Exhibit Exhibits A-4 to A-6 to Declaration of Paul A Grammatico, #3 Exhibit Exhibits A-7 to C to Declaration of Paul A Grammatico)(Grammatico, Paul) |
| Filing 98 REQUEST FOR JUDICIAL NOTICE re MOTION for Attorney Fees #97 filed by Defendant HSBC Bank USA N A. (Attachments: #1 Exhibit Exhibits A - G to Request for Judicial Notice)(Grammatico, Paul) |
| Filing 97 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant HSBC Bank USA N A. Motion set for hearing on 1/28/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING HSBC BANK U.S.A., N.A.S MOTION FOR AN AWARD OF ATTORNEYS FEES IN THE AMOUNT OF $3,7500.00)(Grammatico, Paul) |
| Filing 96 FDS BANK'S NOTICE OF WITHDRAWAL OF MOTION FOR AN AWARD OF ATTORNEY FEES re MOTION for Attorney Fees #91 filed by Defendant Macys Corporate Services Inc. (Azrael, Julia) |
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Filing 95
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez The Court hereby ORDERS the document listed below be STRICKEN for failure to comply with the Court's Local Rules, General Orders, and/or Case Management Order, as indicated RE: MOTION for Attorney Fees #91 (bp)
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| Filing 94 DECLARATION of Adam Walker for Order to Show Cause filed by Plaintiff Nevrik Berberyan. (Walker, Adam) |
| Filing 93 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Attorney Fees #91 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Hearing is noticed for a date that is closed on the court's calendar. 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. (bm) |
| Filing 92 JUDGMENT by Judge Philip S. Gutierrez, in favor of PNC Bank N A against Nevrik Berberyan: IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that: 1. Judgment is entered in favor of PNC Bank, N.A. and against plaintiff, NEVRIK BERBERYAN; 2. Plaintiff shall recover nothing in this action. Related to: Notice of Lodging #88 . (bm) |
| Filing 91 [DOCUMENT IS STRICKEN] NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendant Macys Corporate Services Inc. Motion set for hearing on 1/14/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Azrael, Julia) Modified on 11/28/2012 (bp). |
| Filing 90 NOTICE OF LODGING filed Re [Proposed] Judgment re MOTION to Dismiss Case [Dismiss Complaint Pursuant to FRCP 12(b)(6) or, in the Alternative, Motion to Dismiss Complaint Pursuant to FRCP 9(b)] MOTION to Dismiss Case [Dismiss Complaint Pursuant to FRCP 12(b)(6) or, in the Alternative, Motion to Dismiss Complaint Pursuant to FRCP 9(b)] #31 (Attachments: #1 Exhibit [A - [Proposed] Judgment])(Berkley, David) |
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Filing 89
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 3/25/2013 02:00 PM. (wm)
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| Filing 88 NOTICE OF LODGING filed Proposed Judgment re Order on Motion to Dismiss Case,, #58 (Attachments: #1 Proposed Order)(Walker, Deborah) |
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Filing 87
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Philip S. Gutierrez: The Court hereby orders that the request of: Nevrik Berberyan as attorney of record in stead of Arshak Bartounian #80 Request to Substitute Attorney. Attorney Arshak Bartoumian terminated (bp)
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| Filing 86 JUDGMENT by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that: Judgment is entered in favor of TD Bank and against plaintiff, Nevrik Berberyan ("Plaintiff"); Plaintiff shall recover nothing in this action. (bp) |
| Filing 85 JUDGMENT by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that: Judgment is entered in favor of Defendants and against plaintiff Nevrik Berberyan ("Plaintiffs"); Plaintiff shall recover nothing in this action. (bp) |
| Filing 84 NOTICE OF LODGING filed by TD BANK, N.A. re Order on Motion to Dismiss Case #75 (Attachments: #1 [Proposed ] Judgment)(Ball, Matthew) |
| Filing 83 Certification and NOTICE of Interested Parties filed by Defendant GE Money Bank, identifying GE Capital Retail Bank, GE Consumer Finance, Inc., General Electric Capital Corporation, General Electric Company. (O'Rielly, Daniel) |
| Filing 82 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #3 filed by Defendant GE Money Bank.(O'Rielly, Daniel) |
| Filing 81 NOTICE OF LODGING filed by Defendants Bank of America, N.A. and Barclays Bank Delaware re Order on Motion to Dismiss Case,, #60 (Attachments: #1 [Proposed] Judgment)(Shah, Raagini) |
| Filing 80 REQUEST to Substitute attorney ADAM WALKER in place of attorney ARSHAK BARTOUMIAN filed by Plaintiff Nevrik Berberyan. (Attachments: #1 Proposed Order)(Walker, Adam) |
| Filing 79 JUDGMENT by Judge Philip S. Gutierrez, in favor of HSBC Bank USA N A against Nevrik Berberyan: The Court, having granted Defendant, HSBC Bank USA, N.A.'s ("HSBC") Motion to Dismiss per its minute order on October 26, 2012, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that: 1. Judgment is entered in favor of HSBC and against plaintiff, Nevrik Berberyan ("Plaintiff"); 2. Plaintiff shall recover nothing in this action. (bm) |
| Filing 78 NOTICE OF LODGING filed Defendant HSBC BANK USA, N.A. re Order on Motion to Amend/Correct,, #61 (Attachments: #1 Proposed Order [Proposed] Judgment)(Grammatico, Paul) |
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Filing 77
MINUTE ORDER IN CHAMBERS by Judge Philip S. Gutierrez: ORDER TO SHOW CAUSE by Judge Philip S. Gutierrez.IT IS HEREBY ORDERED that counsel for Plaintiff show cause in writing on or before November 30, 2012, why this action should not be dismissed for lack of prosecution as to Defendants GE Money Bank and Department Stores National Bank (collectively, "Defendants"). The Court will consider the filing of the following on or before the above date, as an appropriate response to this Order to Show Cause: Response to Complaint by Defendants OR Request for Entry of Default by Plaintiff. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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Filing 76
MINUTES (IN CHAMBERS): ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez: granting #37 Defendant Capital One Bank (USA)'s Motion to Dismiss Plaintiff's Complaint. [PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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Filing 75
MINUTES (IN CHAMBERS): ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez: granting #48 Defendant TD Bank, N.A.'s Motion to Dismiss. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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| Filing 74 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant Wells Fargo Bank N A. Motion set for hearing on 1/7/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Certificate of Service/Motion for Attorneys' Fees, #2 Declaration [David A. Berkley's Declaration In Support of Wells Fargo Bank, N.A.'s Motion for Attorneys' Fees], #3 Exhibit [A - D], #4 Exhibit [E - K], #5 Exhibit [L-1 - L-5], #6 Exhibit [L-6 - M], #7 Certificate of Service/Berkley Declaration], #8 Proposed Order, #9 Certificate of Service/Proposed Order)(Berkley, David) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Non-Opposition to Motion to Dismiss #70 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Responses/Replies/Other Motion Related Documents-Non-Opposition to Motion. Other error(s) with document(s): The court notes that document was resubmitted as document #71 . 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. (bm) |
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Filing 72
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Attorney Fees #64 , Application #66 for Clerk to Tax Costs, for the following reasons: hearing information is incorrect; December 3rd hearing date is closed. (vdr)
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| Filing 71 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case #48 (corrected) filed by Defendant TD Bank N A. (Ball, Matthew) |
| Filing 70 NOTICE filed by Defendant TD Bank N A. Notice of Non-Opposition to TD Bank, N.A.'s Motion to Dismiss Complaint (Ball, Matthew) |
| Filing 69 NOTICE of Appearance filed by attorney Matthew G Ball on behalf of Defendant TD Bank N A (Ball, Matthew) |
| Filing 68 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Atty Fees, Declaration, Application for Clerk to Tax Costs, [Proposed] Order #64 , #65 , #66 , #67 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion is noticed for a hearing date that is closed on the court's calendar #64 , #65 . Application for Clerk to Tax Costs should be noticed in front of the Clerk and not the court. Please see the courts website for further details, under "Bill of Costs Handbook". A stand-alone proposed order should be e-filed by submitting a Notice of Lodging w/sep. order att. 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. (bm) |
| Filing 67 [DOCUMENT IS STRICKEN] [Proposed] Order Granting Wells Fargo Bank, N.A.'s Motion For An Award of Attorneys' Fees re MOTION for Attorney Fees #64 filed by Defendant Wells Fargo Bank N A. (Attachments: #1 Certificate of Service)(Berkley, David) Modified on 11/6/2012 (vdr). |
| Filing 66 [DOCUMENT IS STRICKEN] APPLICATION for Attorney Fees [Notice of Application to the Clerk to Tax Costs] filed by Defendant Wells Fargo Bank N A. Application set for hearing on 12/3/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Supplement [ Bill of Costs CV 59 ], #2 Certificate of Service)(Berkley, David) Modified on 11/6/2012 (vdr). |
| Filing 65 [DOCUMENT IS STRICKEN] DECLARATION of David A. Berkley In Support of MOTION for Attorney Fees #64 filed by Defendant Wells Fargo Bank N A. (Attachments: #1 Exhibit [A - D], #2 Exhibit [E - I], #3 Exhibit [J - K], #4 Exhibit [L1 - L6], #5 Exhibit [L7 - M], #6 Certificate of Service)(Berkley, David) Modified on 11/6/2012 (vdr). |
| Filing 64 [DOCUMENT IS STRICKEN] NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant Wells Fargo Bank N A. Motion set for hearing on 12/3/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Berkley, David) Modified on 11/6/2012 (vdr). |
| Filing 63 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities MOTION to Dismiss Case Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities #37 filed by Defendant Capital One Bank USA N A. (Eley, Hunter) |
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Filing 62
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting #43 Motion to Dismiss Case: On September 10, 2012, Defendant FDS Bank ("Defendant") filed a motion to dismiss Plaintiff's Complaint, which is set for hearing on November 5, 2012. See Dkt. # 43. Pursuant to Local Rule 7-9, Plaintiff was required to oppose the motion by October 15, 2012. Plaintiff did not file an opposition, timely or otherwise. Thus, pursuant to Local Rule 7-12, the Court deems the failure to a file timely opposition to be consent to the granting of Defendant's motion. See L.R. 7-12. Based on the above, Defendant's motion to dismiss is GRANTED. (bm)
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Filing 61
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting #32 Motion: On September 5, 2012, Defendant HSBC Bank USA ("Defendant") filed a motion to dismiss Plaintiff's Complaint, which is set for hearing on November 5, 2012. See Dkt. # 32. Pursuant to Local Rule 7-9, Plaintiff was required to oppose the motion by 32October 15, 2012. Plaintiff did not file an opposition, timely or otherwise. Thus, pursuant to Local Rule 7-12, the Court deems the failure to a file timely opposition to be consent to the granting of Defendant's motion. See L.R. 7-12. Based on the above, Defendant's motion to dismiss is GRANTED. (bm)
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Filing 60
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting #30 Motion to Dismiss Case: On September 4, 2012, Defendants Bank of America and Barclays Bank Delaware ("Defendants") filed a motion to dismiss Plaintiff's Complaint, which is set for hearing on November 5, 2012. See Dkt. # 30. Pursuant to Local Rule 7-9, Plaintiff was required to oppose the motion by October 15, 2012. Plaintiff did not file an opposition, timely or otherwise. Thus, pursuant to Local Rule 7-12, the Court deems the failure to a file timely opposition to be consent to the granting of Defendant's motion. See L.R. 7-12. Based on the above, Defendants' motion to dismiss is GRANTED. (bm)
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Filing 59
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting #31 Motion to Dismiss Case: On September 4, Defendant Wells Fargo Bank, N.A. ("Defendant") filed a motion to dismiss Plaintiff's Complaint, which is set for hearing on October 29, 2012. See Dkt. # 31. Pursuant to Local Rule 7-9, Plaintiff was required to oppose the motion by October 9, 2012. Plaintiff did not file an opposition, timely or otherwise. Thus, pursuant to Local Rule 7-12, the Court deems the failure to a file timely opposition to be consent to the granting of Defendant's motion. See L.R. 7-12. Based on the above, Defendant's motion to dismiss is GRANTED. (bm)
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Filing 58
MINUTES (IN CHAMBERS) ORDER GRANTING Motion to Dismiss by Judge Philip S. Gutierrez granting #34 Motion to Dismiss Case: On September 5, 2012, Defendant PNC Bank, N.A. ("Defendant") filed a motion to dismiss Plaintiff's Complaint, which was set for hearing on October 29, 2012. See Dkt. # 34. Pursuant to Local Rule 7-9, Plaintiff was required to oppose the motion by October 9, 2012. Plaintiff did not file an opposition, timely or otherwise. Thus, pursuant to Local Rule 7-12, the Court deems the failure to a file timely opposition to be consent to the granting of Defendant's motion. See L.R. 7-12. Based on the above, Defendants motion to dismiss is GRANTED. (bm)
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| Filing 57 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case #43 AMENDED NOTICE OF NON-OPPOSITION TO MOTION TO DISMISS filed by Defendant Macys Corporate Services Inc. (Azrael, Julia) |
| Filing 56 REPLY re Non-Receipt of Opposition to MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) #30 filed by Defendants Bank of America N A, Barclays Bank Delaware. (Shah, Raagini) |
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Filing 55
ORDER by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion for leave to file First Amended complaint #51 , for the following reasons: Hearing information is missing, incorrect, or not timely. November 26th hearing date closed on 10/10/12. (ir)
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| Filing 54 NOTICE of Change of Attorney Information for attorney Paul A Grammatico counsel for Defendant HSBC Bank USA N A. Filed by Defendant HSBC Bank USA, N.A. (Grammatico, Paul) |
| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave to file First Amended Complaint #51 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion hearing is noticed for a date that is closed on the court's calendar. 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. (bm) |
| Filing 52 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case #43 filed by Defendant Macys Corporate Services Inc. (Azrael, Julia) |
| Filing 51 NOTICE OF MOTION AND MOTION to AMEND filed by Plaintiff Nevrik Berberyan. Motion set for hearing on 11/26/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Bartoumian, Arshak) **STRICKEN PURSUANT TO ORDER TO STRIKE filed 10/17/12**Modified on 10/17/2012 (ir). |
| Filing 50 REPLY In Support Of MOTION to Dismiss Case #34 filed by Defendant Wells Fargo Bank N A. (Attachments: #1 Cert. of Service Re Reply In Support of Motion to Dismiss Plaintiff's Complaint)(Berkley, David) |
| Filing 49 Notice of Electronic Filing re Striking Electronically Filed Documents (G-106), Striking Electronically Filed Documents (G-106) #47 , MOTION to Dismiss Case #48 e-mailed to disputes@omnialegal.org bounced due to 5.1.2 - Bad destination host 'DNS Hard Error looking up omnialegal.org. Called several offices yesterday and this morning and was told he no longer worked at either. Called Vincent W. Davis law offices Wednesday and was given a.bartoumian@vincentwdavis.com. That address bounced as well. Called that office back this morning and they said he no longer worked there. Saw where he efiled a document yesterday, called the number on the document. Same office I called earlier this morning, Omnia Legal. They now say he is working there and gave me the two email addresses below. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to inso@omnialegal.org and abartoumian@yahoo.com. Inso@omnialegal.org is now bouncing as wellPrimary e-mail address corrected. Notice of Electronic Filing resent addressed to abartoumian@yahoo.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY |
| Filing 48 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant TD Bank N A. Motion set for hearing on 11/19/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Rodes, Carlo) |
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Filing 47
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Dismiss Complaint, #44 , for the following reasons: Hearing information is incorrect. November 5th hearing date closed. (lw)
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| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #44 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion is noticed for a date that is closed on the court's calendar. 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. (bm) |
| Filing 45 Certification and Notice of Interested Parties filed by Defendant TD Bank N A, identifying TD Bank US Holding Company. (Rodes, Carlo) |
| Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant TD Bank N A. Motion set for hearing on 11/5/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Rodes, Carlo) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 9-13-2012, DOC #47*** Modified on 9/13/2012 (lw). |
| Filing 43 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Macys Corporate Services Inc. Motion set for hearing on 11/5/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Azrael, Julia) |
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Filing 42
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amendment to Motion to Dismiss #38 , for the following reasons: Incorrect event selected. Correct event is Motions-Dismiss Case. Other: original motion was stricken pursuant to court order dated 9/4/12, document #28 . Motion should have been e-filed as a new motion. October 29th hearing date closed. (bm)
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Filing 41
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Dean D. Pregerson, for the reasons set forth on this order. Related Case No. CV 11-10436 DDP(FFMx) (rn)
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| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment to Motion to Dismiss #38 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Motions-Dismiss Case. Other error(s) with document(s): original motion was stricken pursuant to court order dated 9/4/12, document #28 . Motion should have been e-filed as a new motion, not linking back to motion that was already struck. 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. (bm) |
| Filing 39 Certification and Notice of Interested Parties filed by Defendant Wells Fargo Bank N A, identifying Wells Fargo Bank, N.A.-wholy owned subsidiary of Wells Fargo & Company. (Hyman, Scott) |
| Filing 38 Amendment to MOTION to Dismiss defendant All Plaintiffs NEVRIK BERBERYAN #19 FDS BANK'S AMENDED MOTION TO DISMISS SET FOR 10/29/2012 filed by Defendant Macys Corporate Services Inc. (Attachments: #1 Proposed Order)(Azrael, Julia) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 9/7/12, DOCUMENT #42 . Modified on 9/7/2012 (bm). |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Defendant Capital One Bank USA N A. Motion set for hearing on 11/19/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Eley, Hunter) |
| Filing 36 Notice of Interested Parties filed by Defendant Capital One Bank USA N A, identifying Capital One Financial Corporation; Plaintiff Nevrik Berberyan. (Eley, Hunter) |
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Filing 35
ORDER by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Dismiss Case #26 , for the following reasons: October 22 hearing date closed. (ir)
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| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant PNC Bank N A. Motion set for hearing on 10/29/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Walker, Deborah) |
| Filing 32 NOTICE OF MOTION AND MOTION to Amend MOTION to Dismiss Complaint #18 filed by defendant HSBC Bank USA N A. Motion set for hearing on 11/5/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Maher, Matthew) |
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Filing 33
ORDER by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: FDS's Motion to Dismiss #19 , for the following reasons: Hearing information is missing, incorrect or not timely. 10/22 hearing date closed. (ir)
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| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Case [Dismiss Complaint Pursuant to FRCP 12(b)(6) or, in the Alternative, Motion to Dismiss Complaint Pursuant to FRCP 9(b)] filed by [Defendant Wells Fargo Bank, N.A.] Wells Fargo Bank N A. Motion set for hearing on 10/29/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Certificate of Service Re Motion to Dismiss, #2 Proposed Order, #3 Certificate of Service Re [Proposed] Order)(Hyman, Scott) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) filed by Defendants Bank of America N A, Barclays Bank Delaware. Motion set for hearing on 11/5/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Shah, Raagini) |
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Filing 29
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Defts' Motion to Dismiss Complaint #22 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: October 22nd hearing date closed. Please see Judge's Profile on the Court's web site. (bm)
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Filing 28
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: HSBC BANK'S Motion to Dismiss #18 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: 10/22 hearing date closed. (bm)
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| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motions to Dismiss #19 , #22 , #26 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): motions to dismiss are noticed for a date that is closed on the court's calendar. 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. (bm) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PNC Bank N A. Motion set for hearing on 10/22/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Walker, Deborah) **STRICKEN PURSUANT TO ORDER FILED 9/5/12**Modified on 9/5/2012 (ir). |
| Filing 25 Notice and Certificate of Interested Parties filed by Defendant PNC Bank N A, identifying PNC Bank, N.A.. (Walker, Deborah) |
| Filing 24 NOTICE AND CERTIFICATE of Interested Parties filed by Defendant Barclays Bank Delaware, identifying Barclays Bank Delaware, its corporate parent, Barclays Financial Corporation, its corporate parent, Barclays Group US, Inc., its corporate partent, Barclays Bank, PLC, and its corporate parent, Barclays, PLC. (Shah, Raagini) |
| Filing 23 NOTICE AND CERTIFICATE of Interested Parties filed by Defendant Bank of America N A, identifying Bank of America, N.A., and its wholly-owned subsidiary FIA Card Services, N.A.. (Shah, Raagini) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) filed by Defendants Bank of America N A, Barclays Bank Delaware. Motion set for hearing on 10/22/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Shah, Raagini) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 9/4/12, DOCUMENT #29 . Modified on 9/4/2012 (bm). |
| Filing 21 NOTICE of Related Case(s) filed by defendant Macys Corporate Services Inc. Related Case(s): CV 12-04423 SJO; CV 12-03521 MMM; CV 12-02069 CAS; CV 12-03520 GAF; CV 12-04431 PSG; CV 12-04175 RSWL; CV 11-10436 DDP; CV 11-10703 GAF (Azrael, Julia) |
| Filing 20 Certification of Interested Parties filed by defendant Macys Corporate Services Inc, identifying FDS BANK; BANK OF AMERICA N.A.; BARCLAY'S BANK DELAWARE; CAPITAL ONE BANK USA N.A.; GE MONEY BANK aka GE CAPITAL FINANCIAL, INC.; HSBC BANK USA N.A.; PNC BANK N.A.; TD BANK N.A.; DEPARTMENT STORES NATIONAL BANK; WELLS FARGO BANK N.A.; NEVRIK BERBERYAN. (Azrael, Julia) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss defendant All Plaintiffs NEVRIK BERBERYAN filed by defendant Macys Corporate Services Inc. Motion set for hearing on 10/22/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Azrael, Julia) **STRICKEN PURSUANT TO ORDER FILED 9/4/12** Modified on 9/5/2012 (ir). |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by defendant HSBC Bank USA N A. Motion set for hearing on 10/22/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Maher, Matthew) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 9/4/12, DOCUMENT #28 . Modified on 9/4/2012 (bm). |
| Filing 17 CERTIFICATE of Interested Parties filed by Defendant HSBC Bank USA N A, identifying HSBC USA, Inc., HSBC North America Holdings, Inc., HSBC Holdings plc. (Maher, Matthew) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant Wells Fargo Bank N A served on 8/15/2012, answer due 9/5/2012. Service of the Summons and Complaint were executed upon WELLS FARGO BANK in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant Macys Corporate Services Inc served on 8/15/2012, answer due 9/5/2012. Service of the Summons and Complaint were executed upon MACYS CORPORATE SERVICES in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant TD Bank N A served on 8/21/2012, answer due 9/11/2012. Service of the Summons and Complaint were executed upon TD BANK in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant PNC Bank N A served on 8/21/2012, answer due 9/11/2012. Service of the Summons and Complaint were executed upon PNC BANK in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant Barclays Bank Delaware served on 8/21/2012, answer due 9/11/2012. Service of the Summons and Complaint were executed upon BARCLAYS BANK DELAWARE in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant Department Stores National Bank served on 8/21/2012, answer due 9/11/2012. Service of the Summons and Complaint were executed upon DEPARTMENT STORES NATIONAL BANK in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant Capital One Bank USA N A served on 8/15/2012, answer due 9/5/2012. Service of the Summons and Complaint were executed upon CAPITAL ONE BANK USA N.A. in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant HSBC Bank USA N A served on 8/10/2012, answer due 8/31/2012. Service of the Summons and Complaint were executed upon HSBC BANK USA in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant GE Money Bank served on 8/10/2012, answer due 8/31/2012. Service of the Summons and Complaint were executed upon GE MONEY BANK in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Bartoumian, Arshak) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Nevrik Berberyan, upon Defendant Bank of America N A served on 8/10/2012, answer due 8/31/2012. Service of the Summons and Complaint were executed upon BANK OF AMERICA in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Bartoumian, Arshak) |
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Filing 6
STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (bm)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Nevrik Berberyan. (et) (mg). |
| Filing 3 COMPLAINT against Defendants Bank of America N A, Barclays Bank Delaware, Capital One Bank USA N A, Department Stores National Bank, GE Money Bank, HSBC Bank USA N A, Macys Corporate Services Inc, PNC Bank N A, TD Bank N A, Wells Fargo Bank N A. Case assigned to Judge Philip S. Gutierrez for all further proceedings. Discovery referred to Magistrate Judge Michael R Wilner. (IFP Granted.) Jury Demanded., filed by Plaintiff Nevrik Berberyan.(et) (mg). |
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Filing 2
ORDER by Magistrate Judge Victor B. Kenton: Granting #1 Request for Leave to Proceed in Forma. (et)
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| 21 DAY Summons Issued re Complaint - (Discovery) #3 as to Defendants Bank of America N A, Barclays Bank Delaware, Capital One Bank USA N A, Department Stores National Bank, GE Money Bank, HSBC Bank USA N A, Macys Corporate Services Inc, PNC Bank N A, TD Bank N A, Wells Fargo Bank N A. (et) |
| Filing 1 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by plaintiff Nevrik Berberyan. (Attachments: #1 Lodged Complaint and Civil Cover Sheet)(ghap) |
| LODGED COMPLAINT forwarded to DUTY Magistrate Judge Victor B. Kenton. Complaint sought to be filed by Plaintiff Nevrik Berberyan. (ghap) |
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