Shirley Piatt et al v. The Money Store et al
Michael Cordes, Darrell Asberry and Shirley Piatt |
Wells Fargo Bank, N.A., The Money Store, HomEq Servicing Corporation and TMS Mortgage Inc |
2:2018cv01291 |
February 16, 2018 |
US District Court for the Central District of California |
Paul L Abrams |
Otis D Wright |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.
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Filing 62 JUDGMENT by Judge Otis D. Wright, II: The Court having granted Defendants Motion to Dismiss, and good cause appearing therefore, IT IS HEREBY ORDERED AND ADJUDGED that: Plaintiffs Second Amended Class Action Complaint is hereby DISMISSED with prejudice. Plaintiffs SHALL TAKE NOTHING by way of their Second Amended Class. Action Complaint in this action. This action is DISMISSED in its entirety. JUDGMENT is entered in favor of Defendants and against Plaintiffs. Defendants shall recover their costs of suit from Plaintiffs, pursuant to Federal.Rule of Civil Procedure 54..The Clerk of the Court shall close the case. (MD JS-6, Case Terminated). (lc) |
Filing 61 NOTICE OF LODGING filed of [Proposed] Judgment re Order on Motion to Dismiss, #60 (Attachments: #1 Exhibit 1 - Defendants' Proposed Judgment, #2 Exhibit 2 - Plaintiffs' Proposed Judgment)(Lohr, Jessica) |
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Filing 59 SUPPLEMENT Response to Defendants' Notice of Supplemental Authority filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
Filing 58 NOTICE filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. of Supplemental Authority (Attachments: #1 Exhibit A)(Lohr, Jessica) |
Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Business or Contact Information (G-06) #56 . The following error(s) was/were found: Incomplete docket text; missing name of event and text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) |
Filing 56 (Bengali, Omar) |
Filing 55 The hearing on the MOTION TO DISMISS SECOND AMEND COMPLAINT #50 , scheduled for January 14, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
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Filing 53 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint #50 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Williams, Amy) |
Filing 52 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint #50 filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
Filing 51 The hearing on the MOTION FOR RECONSIDERATION #45 , scheduled for October 15, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
Filing 50 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. Motion set for hearing on 1/14/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Law ISO Motion to Dismiss, #2 Declaration of Amy Williams ISO Motion to Dismiss, #3 Exhibit V to Williams Declaration ISO Motion to Dismiss, #4 Proposed Order) (Lohr, Jessica) |
Filing 49 REPLY in Support of Motion NOTICE OF MOTION AND MOTION for Reconsideration and Leave to Add a New Cause of Action #45 filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
Filing 48 OPPOSITION to Plaintiffs' re: NOTICE OF MOTION AND MOTION for Reconsideration and Leave to Add a New Cause of Action #45 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Lohr, Jessica) |
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Filing 46 Joint STIPULATION to Continue Briefing Deadlines Re: Order,,, #44 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Lohr, Jessica) |
Filing 45 NOTICE OF MOTION AND MOTION for Reconsideration and Leave to Add a New Cause of Action filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. Motion set for hearing on 10/15/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum for Reconsideration and Leave to Add New Cause of Action, #2 Proposed Order Granting Reconsideration and Leave to Add New Cause of Action) (Bengali, Omar) |
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Filing 43 Joint STIPULATION for Extension of Time to File Motion to Dismiss and Plaintiffs' Opposition, Joint STIPULATION to Exceed Page Limitation as to y, Joint STIPULATION for Hearing re Amended Complaint/Petition #42 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Williams, Amy) |
Filing 42 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #13 , filed by Plaintiffs Michael Cordes, Darrell Asberry(Bengali, Omar) |
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Filing 39 STIPULATION to Continue Scheduling Conference from 07/23/2018 to 09/21/2018 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Lohr, Jessica) |
Filing 38 RESPONSE filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.to Objection/Opposition (Motion related) #37 to Supplemental Request for Judicial Notice (Williams, Amy) |
Filing 37 OPPOSITION to Supplemental Request for Judicial Notice re: NOTICE OF MOTION AND MOTION to Dismiss Amended Class Action Complaint #23 filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
Filing 36 The hearing on the MOTION TO DISMISS #23 , scheduled for June 25, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: HomEq, etc defendants Reply (Motion related) #33 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Title page is missing. Other error(s) with document(s): Incomplete filing of one page of table of contents. Clerk finds filer refiled actual reply and complete table of contents thereto as docket no. 34. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
Filing 34 REPLY ISO NOTICE OF MOTION AND MOTION to Dismiss Amended Class Action Complaint #23 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Lohr, Jessica) |
Filing 33 REPLY ISO NOTICE OF MOTION AND MOTION to Dismiss Amended Class Action Complaint #23 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Lohr, Jessica) |
Filing 32 REQUEST FOR JUDICIAL NOTICE (Supplemental) filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Declaration of Amy Williams ISO RFN, #2 Exhibit M ISO of Declaration of Amy Williams ISO RFN, #3 Exhibit N ISO of Declaration of Amy Williams ISO RFN, #4 Exhibit O ISO of Declaration of Amy Williams ISO RFN, #5 Exhibit P ISO of Declaration of Amy Williams ISO RFN, #6 Exhibit Q ISO of Declaration of Amy Williams ISO RFN, #7 Exhibit R ISO of Declaration of Amy Williams ISO RFN, #8 Exhibit S ISO of Declaration of Amy Williams ISO RFN, #9 Exhibit T ISO of Declaration of Amy Williams ISO RFN, #10 Exhibit U ISO of Declaration of Amy Williams ISO RFN)(Lohr, Jessica) |
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Filing 30 Joint STIPULATION to Reschedule Class Certification Deadlines set by Local Rules filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Attachments: #1 Proposed Order to Reschedule Class Certification Deadlines Set by Local Rule)(Bengali, Omar) |
Filing 29 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Amended Class Action Complaint #23 filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
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Filing 27 RESPONSE TO PLAINTIFFS' re EX PARTE APPLICATION to Exceed Page Limitation on Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Class Action Complaint #26 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Lohr, Jessica) |
Filing 26 EX PARTE APPLICATION to Exceed Page Limitation on Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Class Action Complaint filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Attachments: #1 Proposed Order) (Bengali, Omar) |
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Filing 24 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Amended Class Action Complaint #23 filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Declaration Declaration of Amy Pritchard Williams ISO RFJN, #2 Exhibit A to Declaration of Amy Pritchard Williams ISO RFJN, #3 Exhibit B to Declaration of Amy Pritchard Williams ISO RFJN, #4 Exhibit C to Declaration of Amy Pritchard Williams ISO RFJN, #5 Exhibit D to Declaration of Amy Pritchard Williams ISO RFJN, #6 Exhibit E to Declaration of Amy Pritchard Williams ISO RFJN, #7 Exhibit F to Declaration of Amy Pritchard Williams ISO RFJN, #8 Exhibit G to Declaration of Amy Pritchard Williams ISO RFJN, #9 Exhibit H to Declaration of Amy Pritchard Williams ISO RFJN, #10 Exhibit I to Declaration of Amy Pritchard Williams ISO RFJN, #11 Exhibit J to Declaration of Amy Pritchard Williams ISO RFJN, #12 Exhibit K to Declaration of Amy Pritchard Williams ISO RFJN, #13 Exhibit L to Declaration of Amy Pritchard Williams ISO RFJN, #14 Proposed Order)(Lohr, Jessica) |
Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Amended Class Action Complaint filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. Motion set for hearing on 6/25/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Law ISO Motion to Dismiss the Amended Class Action Complaint, #2 Proposed Order) (Lohr, Jessica) |
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Filing 21 APPLICATION of Non-Resident Attorney Amy Pritchard Williams to Appear Pro Hac Vice on behalf of Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21 636090) filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order) (Lohr, Jessica) |
Filing 20 PROOF OF SERVICE Executed by Plaintiff Shirley Piatt, Michael Cordes, Darrell Asberry, upon Defendant Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers, Agent for Service of Process in compliance with statute not specified by personal service.Original Summons NOT returned. (Bengali, Omar) |
Filing 19 PROOF OF SERVICE Executed by Plaintiff Shirley Piatt, Michael Cordes, Darrell Asberry, upon Defendant Wells Fargo Bank, N.A. served on 3/21/2018, answer due 5/10/2018. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers, Agent for Service of Process in compliance with statute not specified by personal service.Original Summons NOT returned. (Bengali, Omar) |
Filing 18 PROOF OF SERVICE Executed by Plaintiff Shirley Piatt, Michael Cordes, Darrell Asberry, upon Defendant TMS Mortgage Inc served on 3/21/2018, answer due 5/10/2018. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers, Agent for Service of Process in compliance with statute not specified by personal service.Original Summons NOT returned. (Bengali, Omar) |
Filing 17 PROOF OF SERVICE Executed by Plaintiff Shirley Piatt, Michael Cordes, Darrell Asberry, upon Defendant The Money Store served on 3/21/2018, answer due 5/10/2018. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers, Agent for Service of Process in compliance with statute not specified by personal service.Original Summons NOT returned. (Bengali, Omar) |
Filing 16 PROOF OF SERVICE Executed by Plaintiff Shirley Piatt, Michael Cordes, Darrell Asberry, upon Defendant HomEq Servicing Corporation served on 3/21/2018, answer due 5/10/2018. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers, Agent for Service of Process in compliance with statute not specified by personal service.Original Summons NOT returned. (Bengali, Omar) |
Filing 15 Local Rule 7.1-1 CERTIFICATE of Interested Parties filed by Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, Wells Fargo Bank, N.A., identifying Wells Fargo & Co., Parent of Defendant Wells Fargo Bank, N.A.. (Lohr, Jessica) |
Filing 14 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Amended Complaint/Petition #13 filed by Defendant Wells Fargo Bank, N.A., The Money Store, HomEq Servicing Corporation, TMS Mortgage Inc.(Attorney Jessica Rose Ellis Lohr added to party HomEq Servicing Corporation(pty:dft), Attorney Jessica Rose Ellis Lohr added to party TMS Mortgage Inc(pty:dft), Attorney Jessica Rose Ellis Lohr added to party The Money Store(pty:dft), Attorney Jessica Rose Ellis Lohr added to party Wells Fargo Bank, N.A.(pty:dft))(Lohr, Jessica) |
Filing 13 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Shirley Piatt, Michael Cordes, Darrell Asberry(Bengali, Omar) |
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Filing 11 APPLICATION of Non-Resident Attorney Paul S. Grobman to Appear Pro Hac Vice on behalf of Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21390459) filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Attachments: #1 Proposed Order to Admit Paul Grobman Pro Hac Vice) (Bengali, Omar) |
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Filing 9 RESPONSE filed by Pro Hac Vice attorney on behalf of Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. RE: Notice of Filing Fee Due. PHV fee N/A. Awaiting Good Standing Certificate from New York Courts and this request extra time. Thank you. (lt) |
Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Paul Grobman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants HomEq Servicing Corporation, TMS Mortgage Inc, The Money Store, and Wells Fargo Bank, N.A. (jtil) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Paul L. Abrams. (jtil) |
Filing 4 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Bengali, Omar) |
Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
Filing 2 CIVIL COVER SHEET filed by Plaintiffs Darrell Asberry, Michael Cordes, Shirley Piatt. (Bengali, Omar) |
Filing 1 COMPLAINT Receipt No: 0973-21275607 - Fee: $400, filed by Plaintiff Shirley Piatt, Michael Cordes, Darrell Asberry. (Attorney Omar H Bengali added to party Darrell Asberry(pty:pla), Attorney Omar H Bengali added to party Michael Cordes(pty:pla), Attorney Omar H Bengali added to party Shirley Piatt(pty:pla))(Bengali, Omar) |
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