Aviv Harel v. Bank of America NA et al
| Aviv Harel |
| Bank of America NA, Select Portfolio Servicing, Inc., All Persons Unknown and Does 1-20 |
| 2:2015cv06390 |
| August 21, 2015 |
| US District Court for the Central District of California |
| Suzanne H Segal |
| Christina A Snyder |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 45 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #38 CCA # 16-55468. The judgment of the 9th Circuit Court, entered December 12, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order #44 AFFIRMED] (mat) |
Filing 44
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #38 filed by Aviv Harel. CCA # 16-55468. The decision of the District Court is AFFIRMED. (mat)
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| APPEAL FEE PAID:as to Plaintiff Aviv Harel; Receipt Number: LA135469 in the amount of $505. (rsm) |
| Filing 43 TRANSCRIPT ORDER as to Plaintiff Aviv Harel for Court Reporter. Court will contact Mark Ruiz at MarkRuizLaw@yahoo.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ruiz, Mark) |
| Filing 42 TRANSCRIPT ORDER as to Defendant Select Portfolio Servicing, Inc. for Court Reporter. Court will contact Marina Hegel at mhegel@mcglinchey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Chua, Allison) |
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Filing 41
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #38 filed by Aviv Harel. CCA # 16-55468. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: [See document] If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. [See document for all details] (mat)
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| Filing 40 FILING FEE LETTER issued as to plaintiff Aviv Harel, re Notice of Appeal to 9th Circuit Court of Appeals, #38 (mat) |
| Filing 39 NOTIFICATION by Circuit Court of Appellate Docket Number 16-55468, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #38 as to plaintiff Aviv Harel. (mat) |
| Filing 38 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Aviv Harel. Appeal of Order on Motion for Judgment on the Pleadings,, Motion Hearing,, Terminated Case, #37 . (Appeal Fee - In Forma Pauperis Request.) (Attachments: #1 Exhibit Exhibit A)(Ruiz, Mark) |
| Filing 37 MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendant's Motion for Judgment on the Pleadings #26 . The Court GRANTS WITH PREJUDICE Select Portfolio Servicing, Inc.'s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Made JS-6. Case Terminated.) Court Reporter: Laura Elias. (gk) |
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Filing 36
ORDER GRANTING REQUEST TO APPEAR BY TELEPHONE by Judge Christina A. Snyder: Plaintiff AVIV HAREL ("Plaintiff") has submitted a Request to Appear by Telephone at the Motion for Judgment on the Pleadings #31 , scheduled for February 29, 2016, at 10:00 a.m., before the Honorable Christina A. Snyder via telephone. After having considered the request, and GOOD CAUSE APPEARING THEREFOR, IT IS ORDERED THAT Plaintiffs Request to Appear by Telephone at its Motion to Dismiss, scheduled for February 29, 2016, at 10:00 a.m., is GRANTED. (iv)
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| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Request to Appear by Telephone filed 2/17/2016 #31 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. The filer set this Request for hearing on 2/29/2016 at 10:00 AM. Clerk has removed this Request, only, from the 2/29/2016 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. (gk) |
| Filing 34 SCHEDULING NOTICE VACATED AS MOOT by Judge Christina A. Snyder re: Order on Motion for Leave to Appear #33 , pursuant to defendant Select Portfolio Servicing, Inc.'s Notice of Withdrawal #32 filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
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Filing 33
ORDER GRANTING REQUEST TO APPEAR BY TELEPHONE by Judge Christina A. Snyder: IT IS ORDERED that Defendant Select Portfolio Servicing, Inc.'s Request to Appear by Telephone at its Motion for Judgment on the Pleadings, scheduled for 2/29/2016 at 10:00 AM #30 is GRANTED. The Court will contact counsel for the hearing. Counsel shall be available at least five minutes prior to the scheduled hearing, up to and including an hour thereafter, unless the Courtroom Deputy Clerk contacts counsel during and advises counsel otherwise. (gk)
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| Filing 32 Notice of Withdrawal of Motion for Leave to Appear, #30 filed by Defendant Select Portfolio Servicing, Inc.. (Chua, Allison) |
| Filing 31 REQUEST to Appear by telephone at the Motion for Judgment on the Pleadings filed by Plaintiff Aviv Harel. Request set for hearing on 2/29/2016 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order Proposed Order) (Ruiz, Mark) |
| Filing 30 REQUEST for Leave of Allison O. Chua to Appear for by telephone at the Motion for Judgment on the Pleadings filed by Defendant Select Portfolio Servicing, Inc.. Request set for hearing on 2/29/2016 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order) (Chua, Allison) |
| Filing 29 REPLY in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to as to all causes of Action in Plaintiff's First Amended Complaint #26 Defendant Select Portfolio Servicing, Inc.s Reply To Plaintiffs Opposition To Motion For Judgment On The Pleadings filed by Defendant Select Portfolio Servicing, Inc.. (Chua, Allison) |
| Filing 28 Opposition in opposition re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to as to all causes of Action in Plaintiff's First Amended Complaint #26 filed by Plaintiff Aviv Harel. (Ruiz, Mark) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to as to all causes of Action in Plaintiff's First Amended Complaint #26 filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Chua, Allison) |
| Filing 26 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to as to all causes of Action in Plaintiff's First Amended Complaint filed by Defendant Select Portfolio Servicing, Inc.. Motion set for hearing on 2/29/2016 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order) (Chua, Allison) |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder. Scheduling Conference set for 3/14/2016 at 11:00 AM before Judge Christina A. Snyder. (clee)
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| Filing 24 ANSWER to Amended Complaint/Petition #21 filed by Defendant Select Portfolio Servicing, Inc..(Chua, Allison) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #21 . The following error(s) was found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv) |
| Filing 22 NOTICE OF ERRATA filed by Plaintiff Aviv Harel. correcting Amended Complaint/Petition #21 (Ruiz, Mark) |
| Filing 21 First AMENDED COMPLAINT against Defendant Aviv Harel amending Complaint - (Discovery), (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Ruiz, Mark) |
| Filing 20 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court GRANTS Defendant Select Portfolio Servicing, Inc.'s motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) #8 without prejudice. Plaintiff is hereby granted thirty (30) days in which to file an amended complaint. Failure to file an amended complaint curing the defect identified herein may result in dismissal of plaintiff's complaint with prejudice. Court Reporter: Not Present. (gk) |
| Filing 19 NOTICE OF DISMISSAL filed by Plaintiff Aviv Harel pursuant to FRCP 41a(1) as to Bank of America NA. (Ruiz, Mark) |
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Filing 18
ORDER EXTENDING BANK OF AMERICA, N.A.'S TIME TO RESPOND TO COMPLAINT by Judge Christina A. Snyder: The Court, having considered the Joint Stipulation to Extend the Deadline for Responsive Pleading of defendant Bank of America, N.A. ("Bank of America") and plaintiff Aviv Harel ("Plaintiff"), and finding good cause therein, hereby orders as follows. 1. The time for Bank of America to answer, move, or otherwise respond to the complaint is extended by 21 days up to and including October 5, 2015. IT IS SO ORDERED. (cr)
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| Filing 17 STIPULATION Extending Time to Answer the complaint as to Bank of America NA answer now due 10/5/2015, filed by Defendant Bank of America NA. (Attachments: #1 Proposed Order)(Attorney Jeremy Scott Carr added to party Bank of America NA(pty:dft))(Carr, Jeremy) |
| Filing 16 SCHEDULING NOTICE HEARING VACATED by Judge Christina A. Snyder. MOTION TO DISMISS Complaint for Failure to State Claim Upon which Relief Can be granted #8 , previously scheduled for 9/28/2015 at 10:00 AM has been terminated. The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of 9/28/2015, is hereby vacated, and the matter is hereby taken under submission. The REQUESTS to Appear By Telephone #13 #14 #15 are hereby MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 15 REQUEST to Appear by telephone filed by Plaintiff Aviv Harel. Request set for hearing on 9/28/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order Proposed Order Granting Request to Appear by Telephone) (Ruiz, Mark) |
| Filing 14 REQUEST to Appear by telephone filed by Plaintiff Aviv Harel. Request set for hearing on 9/28/2015 at 10:00 AM before Judge Christina A. Snyder. (Ruiz, Mark) |
| Filing 13 REQUEST for Leave of Allison O Chua to Appear for by telephone at the Motion to Dismiss on 9/28/2015 filed by Defendant Select Portfolio Servicing, Inc.. Request set for hearing on 9/28/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order) (Chua, Allison) |
| Filing 12 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #8 Complaint filed by Defendant Select Portfolio Servicing, Inc.. (Chua, Allison) |
| Filing 11 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #8 filed by Plaintiff Aviv Harel. (Ruiz, Mark) |
| Filing 10 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
| Filing 9 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #8 filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Chua, Allison) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Select Portfolio Servicing, Inc.. Motion set for hearing on 9/28/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order, #2 Proof of Service) (Chua, Allison) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendant Select Portfolio Servicing, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 served on August 24, 2015. (Chua, Allison) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Suzanne H. Segal. (et) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Select Portfolio Servicing, Inc. identifying Credit Suisse AG and Credit Suisse Group AG as Corporate Parent. (Chua, Allison) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Select Portfolio Servicing, Inc., identifying Credit Suisse AG and Credit Suisse Group AG. (Chua, Allison) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Select Portfolio Servicing, Inc.. (Chua, Allison) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number SC124461 Receipt No: 0973-16308424 - Fee: $400, filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit 1 - Summons, Complaint, #2 Exhibit 2 - State Court Docket) (Attorney Allison Ocampo Chua added to party Select Portfolio Servicing, Inc.(pty:dft))(Chua, Allison) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants All Persons Unknown, Bank of America NA, Does 1-20, Select Portfolio Servicing, Inc., filed by Plaintiff Aviv Harel. [FILED IN STATE COURT ON 7/10/2015 SUBMITTED ATTACHED TO NOTICE OF REMOVAL.] (et) |
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