David Toneman et al v. U S Bank National Association et al
| Kelly Kristene Toneman and David Barry Toneman |
| Does 1-10, NDeX West LLC, S Stewart Title Insurance Company, U S Bank National Association and Wells Fargo Bank NA |
| ASO Mark Loeterman |
| 2:2012cv09369 |
| October 31, 2012 |
| US District Court for the Central District of California |
| Margaret M Morrow |
| Michael R Wilner |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| Plaintiff |
Docket Report
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| Filing 108 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #94 CCA # 13-56950. The judgment of the 9th Circuit Court, entered January 07, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #107 AFFIRMED] (mat) |
| Filing 107 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #94 filed by Kelly Kristene Toneman, David Barry Toneman. CCA # 13-56950. The decision of the District Court is AFFIRMED. (mat) |
Filing 106
ORDER DENYING DEFENDANT'S MOTIONS FOR EXTENSION OF TIME AND FOR ATTORNEYS' FEES #96 #98 by Judge Margaret M. Morrow: U.S. Bank's motion to extend time to file a motion for attorneys' fees is denied. Consequently, the court denies the motion for attorneys' fees as untimely. See order for details. (ah)
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| Filing 105 REPLY in support of MOTION for Attorney Fees #98 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 104 REPLY in support of MOTION for Extension of Time to File #96 Motion for Attorneys' Fees filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 103 OPPOSITION Opposition re: MOTION for Attorney Fees #98 filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 102 OPPOSITION Opposition re: MOTION for Extension of Time to File #96 Motion for Attorneys' Fees filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 101 STATEMENT re No Transcript to be Ordered filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman re: Notice of Appeal to 9th Circuit Court of Appeals #94 . (Young, Mark) |
| Filing 100 NOTICE OF LODGING filed re MOTION for Attorney Fees #98 (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 99 REQUEST FOR JUDICIAL NOTICE re MOTION for Attorney Fees #98 filed by Defendant U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 98 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendants U S Bank National Association, Wells Fargo Bank NA. Motion set for hearing on 2/24/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Declaration of Nicholas Hood in Support of Motion for Attorneys' Fees, #2 Declaration of Tanya McCullah in Support of Motion for Attorneys' Fees, #3 Proposed Order, #4 Proof of Service)(McCullah, Tanya) |
| Filing 97 NOTICE OF LODGING filed re MOTION for Extension of Time to File #96 (Attachments: #1 Proposed Order)(Hood, Nicholas) |
| Filing 96 NOTICE OF MOTION AND MOTION for Extension of Time to File filed by Defendants U S Bank National Association, Wells Fargo Bank NA. Motion set for hearing on 2/24/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Declaration Declaration of Nicholas Hood in Support of Motion for Extension of Time to File Motion for Attorneys' Fees, #2 Proposed Order)(Hood, Nicholas) |
| Filing 95 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56950 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #94 as to Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (dmap) |
| Filing 94 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. Appeal of Judgment #93 (Appeal fee of $455 receipt number 0973-12993980 paid.) (Young, Mark) |
| Filing 93 JUDGMENT by Judge Margaret M. Morrow, in favor of NDeX West LLC, S Stewart Title Insurance Company, U S Bank National Association, Wells Fargo Bank NA against David Barry Toneman, Kelly Kristene Toneman (MD JS-6, Case Terminated). (ah) |
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Filing 92
ORDER GRANTING DEFENDANTS'MOTIONS TO DISMISS PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #72 #75 by Judge Margaret M. Morrow: The court grants defendants motion and dismisses plaintiffs claims with prejudice. (ah)
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Filing 91
TEXT ONLY ENTRY: (IN CHAMBERS) ORDER TAKING HEARING ON DEFENDANTS' MOTIONS TO DISMISS #72 #75 OFF CALENDAR by Judge Margaret M. Morrow. Defendants' motions to dismiss are currently on calendar for 10/21/2013 at 10:00 a.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 10/21/2013, is hereby vacated, and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date, and the clerk will notify the parties when the court has reached a decision. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
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| Filing 90 NOTICE OF LODGING filed re Stipulation to Continue #89 (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 89 STIPULATION to Continue Trial Date from January 7, 2014 to March 4, 2014 filed by Defendant U S Bank National Association, Wells Fargo Bank NA. (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 88 STATUS REPORT and Joint Mediation Statement filed by Defendant Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 87 NOTICE OF ERRATA filed by Defendants U S Bank National Association, Wells Fargo Bank NA. correcting Reply (Motion related) #86 [Table of Contents and Table of Authorities] (McCullah, Tanya) |
| Filing 86 REPLY in support of MOTION to Dismiss Plaintiffs' Second Amended Complaint #72 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 85 OPPOSITION re: MOTION to Dismiss Plaintiffs' Second Amended Complaint #72 Plaintiffs' Opposition to "Motion of Wells Fargo Bank, N.A., etc.'s Motion to Dismiss Plaintiffs' Second Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted" filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 84 Joint STIPULATION for Order regarding Non-Monetary Status of Defendant NDeX West, LLC filed by defendant NDeX West LLC. (Attachments: #1 Proposed Order regarding Non-Monetary Status Of Defendant NDeX West, LLC)(Gray, John) |
| Filing 83 STIPULATION for Extension of Time to File Discovery Motions filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Attachments: #1 Proposed Order)(Young, Mark) |
| Filing 82 MINUTES OF Telephone Conference held before Judge Margaret M. Morrow: Telephone status conference is held and counsel are present. The parties and the court discuss the status of discovery and settlement discussion.Court Reporter: N/A. (bp) |
| Filing 81 SCHEDULING NOTICE ADVANCING TIME OF TELEPHONE CONFERENCE by Judge Margaret M. Morrow previously scheduled for 8/29/13 5:45 PM has been rescheduled. Telephone Conference set for 8/29/2013 04:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY |
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Filing 80
ORDER ON STIPULATION TO EXTEND FACT DISCOVERY CUT-OFF TO OCTOBER 1, 2013 by Judge Margaret M. Morrow, re Stipulation to Continue #78 . The current Fact Discovery Cut-Off date set for September 6, 2013 shall be extended to October 7, 2013. All other case management dates remain unchanged. (bp)
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| Filing 79 NOTICE OF LODGING filed re Stipulation to Continue #78 (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 78 STIPULATION to Continue Fact Discovery Cut-Off from September 6, 2013 to October 7, 2013 filed by Defendant Wells Fargo Bank NA. (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 77 PROOF OF SERVICE filed by defendant NDeX West LLC, re Notice (Other) #76 served on July 29, 2013. (Gray, John) |
| Filing 76 NOTICE of Constitutional Question filed by defendant NDeX West LLC. (Gray, John) |
| Filing 75 NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendant NDeX West LLC. Motion set for hearing on 10/21/2013 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum in support of Motion, #2 Proposed Order granting Motion)(Gray, John) |
| Filing 74 TEXT ONLY ENTRY CONTINUING MOTION TO DISMISS by Judge Margaret M. Morrow re: MOTION to Dismiss Plaintiffs' Second Amended Complaint #72 previously scheduled for 10/7/13 10:00 AM has been rescheduled. Motion set for hearing on 10/21/2013 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY |
| Filing 73 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' Second Amended Complaint #72 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 72 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants U S Bank National Association, Wells Fargo Bank NA. Motion set for hearing on 10/7/2013 at 10:00 AM before Judge Margaret M. Morrow. (McCullah, Tanya) |
| Filing 70 SECOND AMENDED COMPLAINT against defendants Does, NDeX West LLC, U S Bank National Association, Wells Fargo Bank NA amending First Amended Complaint #38 , filed by plaintiffs David Barry Toneman, Kelly Kristene Toneman. (bm) (bm). |
| Filing 69 TEXT ENTRY ONLY: Judge Margaret M. Morrow is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at MMM_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY |
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Filing 68
IN CHAMBERS ORDER RE Parties Stipulation Regarding Extension of Case Management Dates #43 by Judge Margaret M. Morrow: Final Pretrial Conference set for 12/2/2013 09:00 AM before Judge Margaret M. Morrow. Jury Trial set for 1/7/2014 08:30 AM before Judge Margaret M. Morrow. Telephone Conference set for 8/29/2013 05:45 PM. See order for details. (ah)
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Filing 67
ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER EXPUNGING THE LIS PENDENS RECORDED AGAINST THE SUBJECT REAL PROPERTY, OR, ALTERNATIVELY, FOR AN ORDER SHORTENING TIME TO HEAR MOTION TO EXPUNGE LIS PENDENS by Judge Margaret M. Morrow, re EX PARTE APPLICATION to Strike /Expunge Lis Pendens Recorded against Subject Property #47 : Upon consideration of all the written submissions of the parties and any oral arguments regarding the aforementioned Application, THE COURT ORDERS AS FOLLOWS: 1. Defendants' Application for an Order Expunging the Lis Pendens Recorded Against the Subject Real Property is GRANTED. The Lis Pendens recorded against the real property located at 28730 Garnet Canyon Drive, Santa Clarita, California 91390 (Property), which was recorded by or on behalf of Plaintiffs DAVID BARRY TONEMAN and KELLY KRISTENE TONEMAN on March 21, 2013, in the Official Records of the County of Los Angeles, as Instrument No. 20130422765 is hereby EXPUNGED. (bm)
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Filing 66
ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; GRANTING DEFENDANTS EX PARTE APPLICATION TO EXPUNGE LIS PENDENS #39 #40 #47 by Judge Margaret M. Morrow: The court grants defendants motion to dismiss, and grants the bank defendants application to expunge the lis pendens recorded against the property. The court grants plaintiffs leave to amend. Any amended complaint must be filed within twenty days of the date of this order. (ah)
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| Filing 71 MINUTES OF Telephone Conference held before Judge Margaret M. Morrow: The parties and the court discuss the status of discovery and settlement discussions. Court Reporter: N/A. (ah) Modified on 7/17/2013 (lw). |
| Filing 65 PROOF OF SERVICE filed by defendant NDeX West LLC, re Notice (Other) #64 served on June 4, 2013. (Gray, John) |
| Filing 64 NOTICE of Constitutional Question filed by defendant NDeX West LLC. (Gray, John) |
| Filing 63 NOTICE OF ERRATA filed by Defendant NDeX West LLC. correcting Reply (Motion related) #61 (Gray, John) |
| Filing 62 NOTICE of Errata to Reply to Opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 61 REPLY in support MOTION to Dismiss Case Pursuant To Federal Rule Of Civil Procedure 12(b)(6) #39 filed by Defendant NDeX West LLC. (Gray, John) |
| Filing 60 REPLY in Support of MOTION to Dismiss Plaintiffs' First Amended Complaint #40 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 59 OPPOSITION re: MOTION to Dismiss Case Pursuant To Federal Rule Of Civil Procedure 12(b)(6) #39 Plaintiffs' Opposition to "Motion of Defendant NDeX West, LLC to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6)" filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 58 OPPOSITION re: MOTION to Dismiss Plaintiffs' First Amended Complaint #40 Plaintiffs' Opposition to Wells Fargo Bank, N.A. dba America's Servicing Company and U.S. Bank National Association, as Trustee for Bear Stearns Asset Backed Securities Trust 2004-AC7 Asset Backed Certificates, Series 2004-AC7's "Motion to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 57 NOTICE OF LODGING filed re Stipulation to Continue #45 (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 56 CERTIFICATE OF SERVICE filed by PLAINTIFFS David Barry Toneman, Kelly Kristene Toneman, re Objection/Opposition (Motion related) #50 to Defendants' Ex Parte Application for Order Expunging the Lis Pendens, etc. served on May 2, 2013. (Young, Mark) |
| Filing 55 TEXT ENTRY ONLY STRIKING DOCUMENT #51 by Judge Margaret M. Morrow re: Notice of Deficiency in Electronically Filed Documents (G-112) #52 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY |
| Filing 54 MEDIATION REPORT Filed by Mediator (ADR Panel) Mark Loeterman: Mediation held on May 6, 2013. The parties are unable to reach an agreement at this time.(mb) |
| Filing 53 REPLY Support Defendants' Reply to Opposition to Ex Parte Application For An Order Expunging The Lis Pendens Recorded Against The Subject Real Property, Or, Alternatively, For An Order Shortening Time to Hear Motion to Expunge Lis Pendens filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) #51 . The following error(s) was found: Incorrect event selected. The correct event is: Service Documents: Service of Subequent Document Filing> Proof of Service (subsequent documents). 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. (bp) |
| Filing 51 [STRICKEN] OPPOSITION OPPOSITION re: EX PARTE APPLICATION to Strike /Expunge Lis Pendens Recorded against Subject Property #47 certificate of service filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) Modified on 5/9/2013 (ah). |
| Filing 50 OPPOSITION OPPOSITION re: EX PARTE APPLICATION to Strike /Expunge Lis Pendens Recorded against Subject Property #47 filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 49 Certificate OF SERVICE filed by Defendants U S Bank National Association, Wells Fargo Bank NA, re Request for Judicial Notice, Request for Relief #48 , EX PARTE APPLICATION to Strike /Expunge Lis Pendens Recorded against Subject Property #47 served on 05/01/2013. (McCullah, Tanya) |
| Filing 48 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION to Strike /Expunge Lis Pendens Recorded against Subject Property #47 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 47 EX PARTE APPLICATION to Strike /Expunge Lis Pendens Recorded against Subject Property filed by Defendant U S Bank National Association, Wells Fargo Bank NA. (Attachments: #1 Declaration of Tanya McCullah, #2 Declaration of Lisa Versh, #3 Proposed Order)(McCullah, Tanya) |
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Filing 46
ORDER GRANTING CONTINUANCE OF HEARING ON NDEX WEST LLC'S MOTION TO DISMISS by Judge Margaret M. Morrow, re Stipulation to Continue, #43 : IT IS HEREBY ORDERED as follows: Defendant NDeX's Motion to Dismiss shall be heard concurrently with Defendants' Wells Fargo and U.S. Banks Motion to Dismiss on June 17, 2013 at 10:00 a.m. (bm)
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| Filing 45 STIPULATION to Continue Trial and All Related Dates from November 12, 2013 to February 24, 2014 filed by Defendant Wells Fargo Bank NA. (Attachments: #1 Proposed Order)(McCullah, Tanya) |
| Filing 44 NOTICE OF LODGING filed April 18, 2013 re MOTION to Dismiss Case Pursuant To Federal Rule Of Civil Procedure 12(b)(6) #39 , Stipulation to Continue, #43 (Attachments: #1 Proposed Order)(Young, Mark) |
| Filing 43 STIPULATION to Continue NDEX WEST LLC's Motion to Dismiss from June 10, 2013 to June 17, 2013 Re: MOTION to Dismiss Case Pursuant To Federal Rule Of Civil Procedure 12(b)(6) #39 filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Attachments: #1 Proposed Order)(Young, Mark) |
| Filing 42 CERTIFICATE OF SERVICE filed by Defendants U S Bank National Association, Wells Fargo Bank NA, re Request for Judicial Notice, Request for Relief #41 , MOTION to Dismiss Plaintiffs' First Amended Complaint #40 served on 4-5-2013. (McCullah, Tanya) |
| Filing 41 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' First Amended Complaint #40 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 40 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendants U S Bank National Association, Wells Fargo Bank NA. Motion set for hearing on 6/17/2013 at 10:00 AM before Judge Margaret M. Morrow. (McCullah, Tanya) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant To Federal Rule Of Civil Procedure 12(b)(6) filed by defendant NDeX West LLC. Motion set for hearing on 6/10/2013 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum in Support of Motion, #2 Proposed Order Granting Motion)(Gray, John) |
| Filing 37 OBJECTIONS to Notice of Lodging #36 Objection to Proposed Judgment; Declaration of Taylor F. Williams (with proof of service) filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 38 FIRST AMENDED COMPLAINT against Defendants Does, NDeX West LLC, U S Bank National Association, Wells Fargo Bank NA; Party S Stewart Title Insurance Company (a California Corporation All persons unknown claiming any legal or equitable right title estate lien or interest in the property described in the complaint adverse to plaintiffs title or any cloud on plaintiffs title thereto) terminated amending Notice of Removal, #1 ,filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman (bp) |
| Filing 36 NOTICE OF LODGING filed [Proposed] Judgment re Order on Motion to Dismiss,,,,,,, #30 (Attachments: #1 [Proposed] Judgment)(Gray, John) |
| Filing 35 STIPULATION for Extension of Time to File Rule 26 Initial Disclosures filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman.(Young, Mark) |
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Filing 34
TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING AMENDED COMPLAINT #33 : The Amended Complaint filed on is stricken for failure to comply with Local Rule 3-2 which requires the document to be manually filed by Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY
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| Filing 33 [STRICKEN] AMENDED DOCUMENT filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. First Amended Complaint (Young, Mark) Modified on 3/15/2013 (ah). |
| Filing 32 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Mark Loeterman has been assigned to serve as Panel Mediator. (mb) |
| Filing 31 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Mark Loeterman may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman(Young, Mark) |
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Filing 30
ORDER RE: DEFENDANT WELLS FARGO BANK, N.A. DBA AMERICAS SERVICING COMPANY AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST 2004-AC7 ASSET BACKED CERTIFICATES, SERIES 2004 AC7'S MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MOTION OF DEFENDANT NDEX WEST, LLC TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) #5 #10 by Judge Margaret M. Morrow: The court grants the bank defendants motion to dismiss plaintiffs third, fifth, and fourteenth causes of action. The court dismisses plaintiffs fourth cause of action with prejudice. The court dismisses plaintiffs first, second, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth causes of action with leave to amend. Any amended complaint must be filed within twenty days of the date of this order. (ah)
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| Filing 29 REPLY In Support Of MOTION to Dismiss Plaintiffs' Complaint #10 filed by Defendant NDeX West LLC. (Gray, John) |
| Filing 28 NOTICE of Change of Attorney Information for attorney Arsineh Aghakhani counsel for Defendants U S Bank National Association, Wells Fargo Bank NA.Arsineh Aghakhani is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Wells Fargo Bank and U.S. Bank National Association (Aghakhani, Arsineh) |
| Filing 27 NOTICE of Change of Attorney Information for attorney Tanya C McCullah counsel for Defendants U S Bank National Association, Wells Fargo Bank NA. Adding Tanya C. McCullah as attorney as counsel of record for Wells Fargo and U.S. Bank for the reason indicated in the G-06 Notice. Filed by Defendants Wells Fargo Bank N.A. and U.S. Bank National Association (McCullah, Tanya) |
| Filing 26 NOTICE of Errata filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (Attachments: #1 Exhibit A)(McCullah, Tanya) |
| Filing 25 REPLY in support of MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can be Granted; Memorandum of Points and Authorities in Support Thereof #5 filed by Defendant Wells Fargo Bank NA. (McCullah, Tanya) |
| Filing 24 OPPOSITION OPPOSITION re: MOTION to Dismiss Plaintiffs' Complaint #10 filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 23 OPPOSITION OPPOSITION re: MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can be Granted; Memorandum of Points and Authorities in Support Thereof #5 filed by Plaintiffs David Barry Toneman, Kelly Kristene Toneman. (Young, Mark) |
| Filing 22 STIPULATION for Extension of Time to File Rule 26 Initial Disclosures filed by Defendants U S Bank National Association, Wells Fargo Bank NA.(Aghakhani, Arsineh) |
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Filing 21
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Margaret M. Morrow: The Court hereby orders that the request of: KELLY KRISTENE TONEMAN, to substitute Mark T. Young of Donahoe & Young LLP, as attorney of record instead of Kelly Kristene Toneman, in Propria Persona #20 Request to Substitute Attorney. (bp)
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Filing 19
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Margaret M. Morrow: The Court hereby orders that the request of: DAVID BARRY TONEMAN, Plaintiff to substitute Mark T. Young of Donahoe & Young LP as attorney of record instead of DAVID BARRY TONEMAN, in Propria Persona #18 Request to Substitute Attorney. (bp)
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| Filing 20 REQUEST to Substitute attorney Mark T. Young in place of attorney Kelly Kristene Toneman, in Propria Persona filed by Plaintiff Kelly Kristene Toneman. (bp) |
| Filing 18 REQUEST to Substitute attorney Mark T. Young in place of David Barry Toneman, in Propria Persona filed by Plaintiff David Barry Toneman. (bp) |
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Filing 17
ORDER/REFERRAL to ADR Procedure No 2 by Judge Margaret M. Morrow. Case ordered to Court Mediation Panel for mediation. Completion deadline 09/09/2013. (ah)
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Filing 16
MINUTES OF SCHEDULING CONFERENCE held before Judge Margaret M. Morrow, ORDER by Judge Margaret M. Morrow Set hearings Final Pretrial Conference set for 10/21/2013 09:00 AM before Judge Margaret M. Morrow. Jury Trial set for 11/12/2013 08:30 AM before Judge Margaret M. Morrow. Telephone Conference set for 6/12/2013 05:45 PM. Court Reporter: C. Nirenberg. (ah)
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| Filing 15 RULE 26 REPORT filed by Defendant NDeX West LLC. (Gray, John) |
| Filing 14 RULE 26(F) REPORT filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (Aghakhani, Arsineh) |
| Filing 13 SCHEDULING NOTICE ADVANCING MOTION TO DISMISS #10 by Judge Margaret M. Morrow re: MOTION to Dismiss Plaintiffs' Complaint #10 previously scheduled for 3/25/13 10:00 AM has been rescheduled. Motion set for hearing on 2/25/2013 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY |
| Filing 12 Certificate of Interested Parties filed by Defendant NDeX West LLC, identifying National Default Exchange Holdings, LP. (Gray, John) |
| Filing 11 TEXT ONLY ENTRY IN CHAMBERS by Judge Margaret M. Morrow. Defendant NDeX West LLC must file its Certification of Interested Parties no later than 12/10/2012. See Local Rule 7.1-1.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vdr) TEXT ONLY ENTRY |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint filed by Defendant NDeX West LLC. Motion set for hearing on 3/25/2013 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum of Points and Authorties in Support of Motion of NDEX West to Dismiss Plaintiffs' Complaint Pursuant to Fed. Rule of Civ. Proc. 12(B)(6), #2 Proposed Order Granting Motion of Defendant NDEX West to Dismiss Plaintiffs' Complaint)(Gray, John) |
| Filing 9 Mail Returned addressed to Kelly Kristene Toneman Re: Order Setting Scheduling Conference #4 . (vdr) |
| Filing 8 Mail Returned addressed to David Barry Toneman Re: Order Setting Scheduling Conference #4 . (vdr) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendant Wells Fargo Bank NA, re MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can be Granted; Memorandum of Points and Authorities in Support Thereof #5 , Request for Judicial Notice, Request for Relief,, #6 served on 11/8/12. (Aghakhani, Arsineh) |
| Filing 6 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can be Granted; Memorandum of Points and Authorities in Support Thereof #5 filed by Defendants U S Bank National Association, Wells Fargo Bank NA. (Aghakhani, Arsineh) |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can be Granted; Memorandum of Points and Authorities in Support Thereof filed by Defendants U S Bank National Association, Wells Fargo Bank NA. Motion set for hearing on 2/25/2013 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Aghakhani, Arsineh) |
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Filing 4
ORDER SETTING SCHEDULING CONFERENCE by Judge Margaret M. Morrow. Rule 26 Meeting Report due by 12/28/2012. Scheduling Conference set for 1/7/2013 at 9:00 AM before Judge Margaret M. Morrow. (vdr)
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Filing 3
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 08-05 by Judge Stephen V. Wilson. Case transferred from Judge Stephen V. Wilson to the calendar of Judge Margaret M. Morrow for all further proceedings. Case number now reads as CV12-09369 MMM (MRWx). (at)
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| Filing 2 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendants U S Bank National Association, Wells Fargo Bank NA. (esa) (mg). |
| Filing 1 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number PC053800 with CONFORMED copies of summons and complaint. Case assigned to Judge Stephen V. Wilson, discovery to Magistrate Judge Michael R. Wilner; (Filing fee $ 350 PAID ); filed by defendants Wells Fargo Bank NA, U S Bank National Association.(esa) (Additional attachment(s) added on 11/2/2012: #1 Part 2, #2 Ntc of Asgmt) (mg). |
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