Stephen and Melinda Dreher v. The PNC Financial Services Group, Inc. et al
Plaintiff: Melinda Dreher and Stephen Dreher
Defendant: DOES 1-50, Dreambuilder Investments, LLC, THe PNC Financial Services Group, Inc., Does 1-10, inclusive, American Servicing and Recovery Group LLC, PNC Bank, National Association and US Bank National Assocation
Case Number: 2:2018cv07827
Filed: September 7, 2018
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Frederick F Mumm
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2022 Opinion or Order Filing 196 ORDER APPROVING JOINT STIPULATION TO FURTHER MODIFY DISCOVERY CUT-OFF AND DISPOSITIVE MOTION DEADLINES #195 by Judge Michael W. Fitzgerald. The deadline for the Parties to file oppositions to any dispositive motions shall be extended to March 2, 2022. The deadline for the Parties to file reply briefs in support of any dispositive motions shall be extended to March 14, 2022. The Parties agree that any dispositive motions shall be set for hearing on March 28, 2022, or a later date convenient to the Court. (iv)
February 23, 2022 Filing 195 STIPULATION for Extension of Time to File Opposition to Dispositive Motions filed by Plaintiff Stephen Dreher. (Attachments: #1 Proposed Order)(Windust, Paul)
February 8, 2022 Filing 194 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion for Summary Judgment #188 by Judge Michael W. Fitzgerald. The document is accepted as filed. A proposed Judgment and/or Order shall be lodged (with a Notice of Lodging linking to the Motion), and emailed to chambers as required by the Local Rules. The Clerk is requested to correct the docket entry to reflect the hearing on 3/28/2022 at 10:00am, as reflected on the filed Motion (iv)
February 7, 2022 Filing 193 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Summary Judgment #188 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Pursuant to L.R 56-1- A party seeking summary judgment shall lodge a proposed Judgment; a party seeking partial summary judgment shall lodge a proposed Order. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv)
February 4, 2022 Filing 192 PROOF OF SERVICE filed by Defendant American Servicing and Recovery Group LLC, re Statement (Motion related) #190 , NOTICE OF MOTION AND MOTION for Summary Judgment #188 , Request for Judicial Notice #191 , Declaration (Motion related) #189 (Landsberg, Ian)
February 4, 2022 Filing 191 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #188 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
February 4, 2022 Filing 190 STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Judgment #188 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
February 4, 2022 Filing 189 DECLARATION of Molly K. Madden in support NOTICE OF MOTION AND MOTION for Summary Judgment #188 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
February 4, 2022 Filing 188 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant American Servicing and Recovery Group LLC. Motion set for hearing on 3/28/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Landsberg, Ian) Modified on 2/8/2022 (iv).
February 4, 2022 Filing 187 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant The PNC Financial Services Group, Inc.. Motion set for hearing on 3/28/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Separate Statement of Uncontroverted Facts and Conclusions of Law ISO MSJ, #2 Declaration of Thomas W. Morris ISO MSJ, #3 Declaration of Jianyuan (Gary) Cui ISO MSJ, #4 Declaration of Helen Mosothoane ISO MSJ, #5 Request for Judicial Notice ISO MSJ, #6 Proposed Judgment) (Paino, Brian)
January 19, 2022 Opinion or Order Filing 186 ORDER APPROVING JOINT STIPULATION TO FURTHER MODIFY DISCOVERY CUT-OFF AND DISPOSITIVE MOTION DEADLINES #185 by Judge Michael W. Fitzgerald. The deadline for the Parties to conduct fact discovery and file discovery motions is extended to February 4, 2022. SEE ORDER FOR DETAILS. (iv)
January 18, 2022 Filing 185 Joint STIPULATION for Order to Further Modify Discovery Cut-Off and Dispositive Motion Deadlines filed by Defendant PNC Bank, National Association. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
January 3, 2022 Opinion or Order Filing 184 ORDER APPROVING JOINT STIPULATION TO MODIFY DISCOVERY CUT-OFF AND DISPOSITIVE MOTION DEADLINES #183 by Judge Michael W. Fitzgerald. IT IS FURTHER ORDERED that: 1. The deadline for the Parties to conduct fact discovery and file discovery motions is extended to January 21, 2022. 2. The deadline for the Parties to file dispositive motions is extended to January 21, 2022. 3. The deadline for the Parties to file oppositions to any dispositive motions is extended to February 11, 2022. 4. The deadline for the Parties to file reply briefs in support of any dispositive motions is extended to February 18, 2022. 5. Any dispositive motions filed by the Parties will be heard on March 14, 2022, or a later date convenient to the Court. 6. The deadline for the Parties to conduct expert discovery, including depositions, is extended to February 4, 2022. (lom)
December 30, 2021 Filing 183 Joint STIPULATION to Modify Order,, Set/Reset Deadlines/Hearings, #182 filed by defendant PNC Bank, National Association. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
December 17, 2021 Opinion or Order Filing 182 ORDER APPROVING JOINT STIPULATION TO FURTHER MODIFY SCHEDULING ORDER #181 by Judge Michael W. Fitzgerald. The Final Pre- trial Conference and Hearing on Motions in Limine is continued to May 9, 2022, at 11:00 a.m. The Jury Trial is continued to May 31, 2022, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
December 16, 2021 Filing 181 Joint STIPULATION to FURTHER MODIFY Order,, Set/Reset Deadlines/Hearings, #180 filed by defendant PNC Bank, National Association. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
November 12, 2021 Opinion or Order Filing 180 ORDER APPROVING JOINT STIPULATION TO MODIFY DISCOVERY AND DISPOSITION MOTION DEADLINES #179 by Judge Michael W. Fitzgerald. The deadline for the Parties to conduct fact discovery and file discovery motions is hereby extended to December 17, 2021. The deadline for the Parties to file dispositive motions is hereby extended to December 17, 2021. SEE ORDER FOR DETAILS. (iv)
November 10, 2021 Filing 179 Joint STIPULATION to Modify Order,, Set/Reset Deadlines/Hearings, #178 filed by Defendant PNC Bank, National Association. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
June 15, 2021 Opinion or Order Filing 178 ORDER GRANTING JOINT STIPULATION TO MODIFY SCHEDULING ORDER #177 by Judge Michael W. Fitzgerald. The Final Pre-trial Conference and Hearing on Motions in Limine shall be continued from September 27, 2021, to March 7, 2022, at 11:00 a.m. The Jury Trial shall be continued from October 12, 2021, to March 29, 2022, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
June 14, 2021 Filing 177 Joint STIPULATION to Modify Order,, Set/Reset Deadlines/Hearings, #115 filed by defendant PNC Bank, National Association. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
June 1, 2021 Opinion or Order Filing 176 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT PNC'S MOTION TO MODIFY THE AMENDED SCHEDULING ORDER #170 by Judge Michael W. Fitzgerald. The Motion is GRANTED. The parties shall meet and confer regarding new global deadlines for expert disclosure and discovery, fact discovery, and dispositive motions. The parties are ORDERED to file, on or before June 14, 2021, a stipulation proposing new deadlines, or if a consensus cannot be reached, a joint status report stating each partys proposed dates. (iv)
May 24, 2021 Filing 175 MINUTES OF TELEPHONIC MOTION TO MODIFY THE AMENDED ORDER (Dkt No. 115) #170 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
May 19, 2021 Opinion or Order Filing 174 SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-07, the MOTION TO MODIFY THE AMENDED ORDER (Dkt No. 115) #170 set for May 24, 2021 will be held telephonically at 10:30 a.m. Counsel shall use the following conference call information: Number: (888) 363-4734; Access Code: 5200572. Counsel are ordered to remain available from 10:30 a.m. - 11:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
May 10, 2021 Filing 173 REPLY in support of NOTICE OF MOTION AND MOTION to AMEND Order,, Set/Reset Deadlines/Hearings, #115 #170 filed by Defendant PNC Bank, National Association. (Attachments: #1 Declaration)(Paino, Brian)
May 3, 2021 Filing 172 OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Order,, Set/Reset Deadlines/Hearings, #115 #170 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Declaration, #2 Proof of Service)(Kadaba, Seema)
May 3, 2021 Filing 171 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to AMEND Order,, Set/Reset Deadlines/Hearings, #115 #170 filed by Defendant American Servicing and Recovery Group LLC. (Attachments: #1 Declaration Declaration of Molly K. Madden)(Landsberg, Ian)
April 21, 2021 Filing 170 NOTICE OF MOTION AND MOTION to AMEND Order,, Set/Reset Deadlines/Hearings, #115 filed by Defendant PNC Bank, National Association. Motion set for hearing on 5/24/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit, #2 Proposed Order) (Paino, Brian)
March 29, 2021 Opinion or Order Filing 169 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Patrick Voke to Appear Pro Hac Vice on behalf of Defendant PNC,Bank, N.A, designating Brian A. Paino as local counsel #168 . (iv)
March 26, 2021 Filing 168 Amended APPLICATION of Non-Resident Attorney Patrick T. Voke to Appear Pro Hac Vice on behalf of Defendant PNC Bank, National Association (Pro Hac Vice Fee - $500.00 Previously Paid on 3/10/2021, Receipt No. 30890882) filed by Defendant PNC Bank, National Association. (Attachments: #1 Proposed Order) (Paino, Brian)
March 11, 2021 Filing 167 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice (P. Voke) by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 3/19/2021. The Court also requires compliance with Local Rule 5-4.4. The word-processing version of the proposed Order is available on the Court's website. (iv)
March 11, 2021 Filing 166 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Patrick T. Voke to Appear Pro Hac Vice on behalf of Defendant PNC Bank, National Association (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30890882) #165 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. (lt)
March 10, 2021 Filing 165 **STRICKEN** APPLICATION of Non-Resident Attorney Patrick T. Voke to Appear Pro Hac Vice on behalf of Defendant PNC Bank, National Association (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30890882) filed by defendant PNC Bank, National Association. (Attachments: #1 Proposed Order) (Paino, Brian) Modified on 3/12/2021 Per Response #167 (iv).
January 5, 2021 Opinion or Order Filing 164 ORDER RE PRETRIAL AND TRIAL DATES #163 by Judge Michael W. Fitzgerald. Jury Trial is now scheduled for October 12, 2021, at 8:30 a.m. The Final Pretrial Conference and Hearing on Motions in Limine is September 27, 2021, at 11:00 a.m. SEE ORDER FOR DETAILS. (iv)
January 4, 2021 Filing 163 STIPULATION for Jury Trial on October 12, 2021 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Proposed Order)(Kadaba, Seema)
December 15, 2020 Opinion or Order Filing 162 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT AMERICAN SERVICING AND RECOVERY GROUP LLC'S MOTION FOR SUMMARY JUDGMENT #136 ; DEFENDANT US BANK NATIONAL ASSOCIATION'S MOTION FOR SUMMARY JUDGMENT #142 by Judge Michael W. Fitzgerald. The ASRG Motion is DENIED as to Plaintiffs' slander of title and declaratory relief claims but is GRANTED as to Plaintiffs' remaining claims against ASRG. The US Bank Motion is GRANTED in its entirety. Judgment in favor of US Bank will be entered at the conclusion of this action. (iv)
December 14, 2020 Opinion or Order Filing 161 MINUTES (IN CHAMBERS) ORDER VACATING PRETRIAL CONFERENCE AND TRIAL DATES DUE TO COVID-19; ORDER DENYING DEFENDANT PNC'S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER #159 by Judge Michael W. Fitzgerald. The pretrial conference and trial dates are VACATED. On or before January 4, 2021, the parties are ORDERED to propose, in writing, new pretrial conference and trial dates. The trial date should be no earlier than April 6, 2021. Also before the Court is Defendant PNC Bank, N.A.'s Ex Parte Application to Modify the Scheduling Order, filed on December 11, 2020. The Application is DENIED without prejudice. (iv)
December 14, 2020 Filing 160 TELEPHONIC MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY PARTIAL SUMMARY JUDGMENT #136 ; MOTION OF U.S. BANK NATIONAL ASSOC. IN SUPPORT OF SUMMARY JUDGMENT #142 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
December 11, 2020 Filing 159 EX PARTE APPLICATION to Amend Order,, Set/Reset Deadlines/Hearings, #115 filed by Defendant PNC Bank, National Association. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service) (Mosothoane, Helen)
December 10, 2020 Opinion or Order Filing 158 SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09, the MOTIONS FOR SUMMARY JUDGMENT [136, 142] set for December 14, 2020 will be held telephonically at 10:00 a.m. Counsel shall use the following conference call information: Number: (888) 278-0296; Access Code: 4787194. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
December 4, 2020 Filing 157 PROOF OF SERVICE filed by Defendant American Servicing and Recovery Group LLC, re Reply (Motion related), #155 , Statement (Motion related) #156 served on 12/04/2020. (Landsberg, Ian)
December 4, 2020 Filing 156 STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Judgment #142 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
December 4, 2020 Filing 155 REPLY in Support NOTICE OF MOTION AND MOTION for Summary Judgment #142 filed by Defendant American Servicing and Recovery Group LLC. (Attachments: #1 Supplement Declaration of Molly K. Madden, #2 Supplement Declaration of ASRG)(Landsberg, Ian)
December 4, 2020 Filing 154 REPLY In Support of NOTICE OF MOTION AND MOTION for Summary Judgment #142 filed by Defendant US Bank National Assocation. (Simonetti, Lisa)
November 23, 2020 Filing 153 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #142 , NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Supplement Response to U.S. Bank's Separate Statement, #2 Supplement Response to ASRG's Separate Statement, #3 Supplement Proof of serivce, #4 Declaration Fredrick Hagen Declaration, #5 Declaration Stephen Dreher Declaration)(Kadaba, Seema)
October 30, 2020 Filing 152 NOTICE of Taking Deposition of PMK for U.S. Bank National Association on November 13, 2020 filed by Plaintiff Stephen Dreher. (Kadaba, Seema)
October 30, 2020 Filing 151 NOTICE of Taking Deposition of PMK for American Servicing and Recovery Group on November 6, 2020 filed by Plaintiff Stephen Dreher. (Kadaba, Seema)
October 16, 2020 Opinion or Order Filing 150 MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING DATE FOR MOTION FOR SUMMARY JUDGMENT PURSUANT TO FRCP 56(d) #146 by Judge Michael W. Fitzgerald. The Application is GRANTED. The hearing date on the Motion is continued until December 14, 2020. Plaintiffs shall have until November 23, 2020 to file their Opposition to the Motions. Because of the Thanksgiving holiday, U.S. Bank and ASRG shall have until December 4, 2020 to file their Replies. (iv)
October 16, 2020 Filing 149 DECLARATION of Fredrick A. Hagen In Support of Ex Parte Application EX PARTE APPLICATION to Continue Motion for Summary Judgment from November 9, 2020 to December 14, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #142 , NOTICE OF MOTION AND MOTION for Summary Judgment or in the Altern #146 Supplemental Declaration of Fredrick A. Hagen filed by Plaintiff Stephen Dreher. (Kadaba, Seema)
October 16, 2020 Filing 148 RESPONSE filed by Defendant US Bank National Assocationto EX PARTE APPLICATION to Continue Motion for Summary Judgment from November 9, 2020 to December 14, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #142 , NOTICE OF MOTION AND MOTION for Summary Judgment or in the Altern #146 (Simonetti, Lisa)
October 16, 2020 Filing 147 OPPOSITION in Opposition re: EX PARTE APPLICATION to Continue Motion for Summary Judgment from November 9, 2020 to December 14, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #142 , NOTICE OF MOTION AND MOTION for Summary Judgment or in the Altern #146 filed by Defendant American Servicing and Recovery Group LLC. (Attachments: #1 Declaration DECLARATION OF MOLLY K. MADDEN, #2 Proof of Service)(Landsberg, Ian)
October 15, 2020 Filing 146 EX PARTE APPLICATION to Continue Motion for Summary Judgment from November 9, 2020 to December 14, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #142 , NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 filed by Plaintiffs Stephen Dreher. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order, #4 Proof of Service) (Kadaba, Seema)
October 15, 2020 Filing 145 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #142 (Attachments: #1 Proposed Order on Motion for Summary Judgment)(Simonetti, Lisa)
October 14, 2020 Filing 144 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Summary Judgment #142 , #136 . The following error(s) was/were found: Pursuant to L.R 56-1- A party seeking summary judgment shall lodge a proposed Judgment; a party seeking partial summary judgment shall lodge a proposed Order. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv)
October 9, 2020 Filing 143 STATEMENT of Uncontroverted Facts and Conclusion of Law NOTICE OF MOTION AND MOTION for Summary Judgment #142 filed by Defendant US Bank National Assocation. (Simonetti, Lisa)
October 9, 2020 Filing 142 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant US Bank National Assocation. Motion set for hearing on 11/9/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Lisa M. Simonetti, #2 Declaration Michael J. Wang) (Simonetti, Lisa)
October 9, 2020 Filing 141 PROOF OF SERVICE filed by Defendant American Servicing and Recovery Group LLC, re Request for Judicial Notice, #140 , Statement, #137 , NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 , Declaration (Motion related), #139 , Declaration (Motion related), #138 served on 10/09/2020. (Landsberg, Ian)
October 9, 2020 Filing 140 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
October 9, 2020 Filing 139 DECLARATION of MOLLY K. MADDEN In Support NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
October 9, 2020 Filing 138 DECLARATION of WILLIAM S. BUCHANAN, SR In Support NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 filed by Defendant American Servicing and Recovery Group LLC. (Landsberg, Ian)
October 9, 2020 Filing 137 STATEMENT of Uncontroverted Facts and Conclusions of Law filed by Defendant American Servicing and Recovery Group LLC re: NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities #136 . (Landsberg, Ian)
October 9, 2020 Filing 136 NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment;Memorandum of Points and Authorities filed by Defendant American Servicing and Recovery Group LLC. Motion set for hearing on 11/9/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Landsberg, Ian)
September 23, 2020 Opinion or Order Filing 135 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO SECOND AMENDED COMPLAINT #129 by Judge Michael W. Fitzgerald. The Motion is DENIED. (iv)
September 14, 2020 Filing 134 MINUTES OF TELEPHONIC MOTION FOR SUMMARY JUDGMENT AS TO SECOND AMENDED COMPLAINT #129 before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
September 9, 2020 Filing 133 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP), the MOTION FOR SUMMARY JUDGMENT AS TO SECOND AMENDED COMPLAINT #129 set for September 14, 2020 will be held telephonically at 10:00 a.m. Counsel shall use the following conference call information: Number: (888) 363-4734; Access Code: 5200572. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
August 31, 2020 Filing 132 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #129 filed by Defendant PNC Bank, National Association. (Attachments: #1 Evidentiary Objections, #2 Supplemental Declaration of Helen Mosothoane, #3 Supplemental Request for Judicial Notice, #4 Proof of Service)(Mosothoane, Helen)
August 24, 2020 Filing 131 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #129 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Supplement Separate Statement, #2 Declaration Kadaba Declaration, #3 Declaration Dreher Declaration, #4 Declaration Hagen Declaration, #5 Affidavit Proof of Service)(Kadaba, Seema)
August 11, 2020 Filing 130 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #129 filed by Defendant PNC Bank, National Association. (Mosothoane, Helen)
August 11, 2020 Filing 129 NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint filed by Defendant PNC Bank, National Association. Motion set for hearing on 9/14/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Statement of Uncontroverted Facts and Conclusions, #2 Declaration of Helen Mosothoane, #3 Declaration of PNC Bank, #4 Proposed Judgment, #5 Proof of Service) (Mosothoane, Helen)
June 22, 2020 Filing 128 Certification and NOTICE of Interested Parties filed by Defendant US Bank National Assocation, identifying U.S. Bancorp, Berkshire Hathaway Inc.. (Simonetti, Lisa)
June 22, 2020 Filing 127 ANSWER to Amended Complaint/Petition, #118 filed by Defendant US Bank National Assocation.(Attorney Lisa M Simonetti added to party US Bank National Assocation(pty:dft))(Simonetti, Lisa)
May 6, 2020 Filing 126 ANSWER to Amended Complaint/Petition, #118 JURY DEMAND. Defendant American Servicing And Recovery Group LLC'S Answer To Plaintiffs Second Amended Complaint filed by Defendant American Servicing and Recovery Group LLC.(Landsberg, Ian)
May 5, 2020 Filing 125 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #124 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lom)
May 5, 2020 Filing 124 ANSWER to Amended Complaint/Petition, #118 filed by Defendant PNC Bank, National Association.(Mosothoane, Helen)
April 24, 2020 Filing 123 21 DAY Summons Issued re Amended Complaint/Petition, #118 as to Defendant US Bank National Assocation. (iv)
April 24, 2020 Filing 122 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Plaintiffs' Second Amended Complaint #118 by Judge Michael W. Fitzgerald. The document is accepted as filed. (iv)
April 24, 2020 Opinion or Order Filing 121 ORDER by Judge Michael W. Fitzgerald: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Plaintiffs' Second Amended Complaint #116 , for the following reasons: Docket No. 116 appearrs to have been filed in error and was corrected with Docket No. 118. (iv)
April 23, 2020 Filing 120 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #118 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Errata. To add additional parties or make changes after the Second Amended Complaint has been efiled requires a Judge's order. Other error(s) with document(s): To add additional parties or make changes after the Second Amended Complaint has been efiled requires a Judge's order.. 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. (lom)
April 23, 2020 Filing 119 Request for Clerk to Issue Summons on Amended Complaint/Petition, #118 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Rottinghaus, Daniel)
April 22, 2020 Filing 118 SECOND AMENDED COMPLAINT re AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #116 , filed by Plaintiffs Stephen Dreher, Melinda Dreher (Attachments: #1 Exhibit Proof of Claim, #2 Exhibit Chapter 11 Plan, #3 Exhibit Confirmation Order, #4 Exhibit Discharge Order, #5 Exhibit Closing Order, #6 Exhibit Assignment of Deed of Trust, #7 Exhibit Demand to Release Lien)(Rottinghaus, Daniel) Modified on 4/24/2020 (iv).
April 22, 2020 Filing 117 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #116 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv)
April 21, 2020 Filing 116 **STRICKEN** SECOND AMENDED COMPLAINT against Plaintiffs All Defendants amending Amended Complaint/Petition, #92 , filed by Attorney Stephen Dreher, Melinda Dreher (Attachments: #1 Exhibit Proof of Claim, #2 Exhibit Chapter 11 Plan, #3 Exhibit Confirmation Order, #4 Exhibit Discharge Order, #5 Exhibit Closing Order, #6 Exhibit Assignment of Deed of Trust, #7 Exhibit Demand for Lien Release)(Rottinghaus, Daniel) Modified on 4/24/2020 Per Order #121 (iv).
April 8, 2020 Opinion or Order Filing 115 AMENDED ORDER RE LEAVE FOR PLAINTIFFS TO FILE AN AMENDMENT TO THE FIRST AMENDED COMPLAINT AND TO EXTEND CERTAIN DEADLINES Re: Order #114 by Judge Michael W. Fitzgerald. The Final Pretrial Conference and Hearing on Motions in Limine is continued to January 11, 2021, at 11:00 a.m. The trial date, currently scheduled for September 1, 2020, at 8:30 a.m., is continued to January 26, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
March 24, 2020 Opinion or Order Filing 114 ORDER GRANTING STIPULATION RE LEAVE FOR PLAINTIFFS TO FILE AN AMENDMENT TO THE FIRST AMENDED COMPLAINT AND TO EXTEND CERTAIN DEADLINES #112 by Judge Michael W. Fitzgerald. The Final Pretrial Conference and Hearing on Motions in Limine set for 1/11/2021 at 11:00 AM. Jury Trial set for 1/26/2021 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
March 24, 2020 Filing 113 NOTICE by Judge Michael W. Fitzgerald. The Court has not received the mandatory word-processing version of the proposed Order that was lodged with the parties' Stipulation Re Leave for Plaintiffs to File an Amendment to the First Amended Complaint and to Extend Certain Deadlines (the "Stipulation") #112 . While the Court has waived the mandatory chambers copy requirement during its Continuity of Operations Plan (COOP), the word-processing version of any proposed Order is still required. The Order must be emailed to mwf_chambers@cacd.uscourts.gov within 24 hours, or the Stipulation will be stricken. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
March 23, 2020 Filing 112 STIPULATION to Amend Amended Complaint/Petition, #92 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Proposed Order, #2 [Proposed] Order)(Attorney Paul W Windust added to party Melinda Dreher(pty:pla), Attorney Paul W Windust added to party Stephen Dreher(pty:pla))(Windust, Paul)
March 19, 2020 Filing 111 ANSWER to Amended Complaint/Petition, #92 filed by Defendant PNC Bank, National Association.(Mosothoane, Helen)
March 5, 2020 Opinion or Order Filing 110 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT #100 ; DEFENDANTS MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT #101 by Judge Michael W. Fitzgerald. The MTD is DENIED and the Motion to Strike is GRANTED in part. (iv)
February 24, 2020 Filing 109 MINUTES OF MOTION TO DISMISS FIRST AMENDED COMPLAINT #100 ; MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT #101 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Gaye L. Limon. (iv)
February 24, 2020 Filing 108 CERTIFICATE of Interested Parties filed by Defendant American Servicing and Recovery Group LLC, identifying American Servicing & Recovery Group Investment Partners LP and ASRG Partners LLC. (Landsberg, Ian)
February 24, 2020 Filing 107 ANSWER to Amended Complaint/Petition, #92 with JURY DEMAND filed by DEFENDANT American Servicing and Recovery Group LLC.(Attorney Ian Scott Landsberg added to party American Servicing and Recovery Group LLC(pty:dft))(Landsberg, Ian)
February 10, 2020 Filing 106 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #100 , NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition, #92 #101 filed by Defendant PNC Bank, National Association. (Mosothoane, Helen)
February 3, 2020 Filing 105 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #100 , NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition, #92 #101 JOINTLY filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Affidavit Proof of Service)(Rottinghaus, Daniel)
January 27, 2020 Opinion or Order Filing 104 ORDER RE CONTINUANCE OF TRIAL AND PRETRIAL DEADLINES #103 by Judge Michael W. Fitzgerald. The trial date, currently scheduled for March 3, 2020, shall be continued to: September 1, 2020 at 8:30 a.m. The Final Pretrial Conference and Hearing on Motions in Limine, currently scheduled for February 10, 2020, shall be continued to: August 17, 2020 at 11:00 a.m. SEE ORDER FOR DETAILS. (iv)
January 27, 2020 Filing 103 STIPULATION to Continue Trial Date from March 2, 2020 to 120 days filed by Plaintiffs Stephen Dreher. (Attachments: #1 Declaration Declaration of Fredrick A. Hagen, #2 Proposed Order Proposed Order, #3 Proof of Service)(Rottinghaus, Daniel)
January 21, 2020 Filing 102 NOTICE filed by Plaintiff Melinda Dreher, Stephen Dreher. Pending Stipulation to Continue (Attachments: #1 Proof of Service)(Rottinghaus, Daniel)
January 17, 2020 Filing 101 NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition, #92 filed by Defendant PNC Bank, National Association. Motion set for hearing on 2/24/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order, #2 Proof of Service) (Mosothoane, Helen)
January 17, 2020 Filing 100 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant PNC Bank, National Association. Motion set for hearing on 2/24/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Proof of Service) (Attorney Helen G Mosothoane added to party PNC Bank, National Association(pty:dft)) (Mosothoane, Helen)
January 14, 2020 Opinion or Order Filing 99 ORDER RE WITHDRAWAL AND REFILING OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #98 by Judge Michael W. Fitzgerald. PNC'S motion for summary judgment is withdrawn and taken off calendar. PNC may refile the motion for summary judgment by the following date: on or before April 13, 2020. (iv)
January 13, 2020 Filing 98 STIPULATION to Reschedule Motion for Summary Judgment filed by Plaintiffs Stephen Dreher. (Attachments: #1 Proposed Order [Proposed] Order re Withdrawal and Refiling, or in the Alternative, Continuance of Defendant's Motion for Summary Judgment)(Rottinghaus, Daniel)
January 9, 2020 Filing 97 21 DAY Summons Issued re First Amended Complaint #92 as to Defendant American Servicing and Recovery Group LLC, Dreambuilder Investments, LLC, PNC Bank, National Association. (iv)
January 9, 2020 Filing 96 Certification and Notice of Interested Parties re: Amended Complaint/Petition, #92 (Rottinghaus, Daniel)
January 9, 2020 Filing 95 Summons in a Civil Action - First Amended Complaint re: Amended Complaint/Petition, #92 (Rottinghaus, Daniel)
January 9, 2020 Filing 94 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #93 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached."Next, attach a face page of the complaint or a second page addendum to the Summons. Certification and Notice of Interested Parties should be filed as a separate document. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv)
January 8, 2020 Filing 93 Request for Clerk to Issue Summons on Amended Complaint/Petition, #92 filed by Plaintiffs Stephen Dreher. (Attachments: #1 Certification and Notice of Interested Parties)(Rottinghaus, Daniel)
January 3, 2020 Filing 92 FIRST AMENDED COMPLAINT against Defendant PNC BANK, N.A. The PNC Financial Services Group, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Stephen C. Dreher and Melinda Dreher Stephen Dreher (Attachments: #1 Exhibit Exhibits to First Amended Complaint, #2 Proof of Service)(Rottinghaus, Daniel)
December 20, 2019 Opinion or Order Filing 91 MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' MOTION TO AMEND COMPLAINT #74 by Judge Michael W. Fitzgerald. The Motion is GRANTED with respect to the FAC's claims against ASRG, but is DENIED with respect to the claims against PNC. Plaintiffs shall file a First Amended Complaint by no later than January 6, 2020. Defendants, including ASRG, shall file a response to the FAC by no later than 14 days after ASRG is served with the FAC. If Plaintiffs do not file the FAC by January 6, 2020, the Complaint will be deemed the operative complaint. (iv)
December 16, 2019 Filing 90 MINUTES OF re Motion for Leave to File An Amended Complaint #74 Hearing held before Judge Michael W. Fitzgerald. The motion is taken under submission.The Court's ruling will issue. Court Reporter: Amy Diaz. (lom)
December 12, 2019 Opinion or Order Filing 89 MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING DATE FOR MOTION FOR SUMMARY JUDGMENT PURSUANT TO FRCP 56(d) #87 by Judge Michael W. Fitzgerald. The Application is GRANTED. The hearing date on the Motion is continued until February 10, 2020. Plaintiffs shall have until January 13, 2020 to file their Opposition to the Motion, and PNC shall have until January 27, 2020 to file its Reply. (iv)
December 5, 2019 Filing 88 OPPOSITION re: EX PARTE APPLICATION to Continue Motion for Summary Judgment from December 16, 2019 to February 10, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 #87 filed by Defendant The PNC Financial Services Group, Inc.. (Mosothoane, Helen)
December 4, 2019 Filing 87 EX PARTE APPLICATION to Continue Motion for Summary Judgment from December 16, 2019 to February 10, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 filed by Plaintiffs Stephen Dreher. (Attachments: #1 Memorandum Memorandum in Support, #2 Declaration Declaration of Seema N. Kadaba in Support, #3 Proposed Order [Proposed] Order, #4 Proof of Service) (Rottinghaus, Daniel)
December 2, 2019 Filing 86 REPLY In Support Of NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening), #1 #74 filed by Plaintiff Stephen Dreher. (Attachments: #1 Declaration Kadaba re Reply Brief iso Motion for Leave to Amend, #2 Declaration Rottinghaus re Reply Brief Motion for Leave to Amend, #3 Proof of Service)(Kadaba, Seema)
December 2, 2019 Filing 85 OPPOSITION TO PLAINTIFFS' REQUEST TO CONTINUE HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Declaration of Brian A. Paino, #2 Declaration of Helen Mosothoane, #3 Proof of Service)(Mosothoane, Helen)
December 2, 2019 Filing 84 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Declaration of Brian A. Paino, #2 Declaration of Helen Mosothoane, #3 Proof of Service)(Mosothoane, Helen)
November 26, 2019 Filing 83 EXHIBIT 80-3 to NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 EXHIBITS TO FILED DECLARATION OF SEEMA N. KADABA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION filed by Plaintiff Stephen Dreher. (Rottinghaus, Daniel)
November 25, 2019 Filing 82 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Plaintiffs' Motion for Leave to Amend Complaint #81 filed by Defendant The PNC Financial Services Group, Inc.. (Mosothoane, Helen)
November 25, 2019 Filing 81 Opposition re: NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening), #1 #74 filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Declaration of Brian Paino, #2 Declaration of Helen Mosothoane, #3 Proof of Service)(Mosothoane, Helen)
November 25, 2019 Filing 80 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 filed by Plaintiff Stephen Dreher. (Attachments: #1 PLAINTIFFS OPPOSITION TO DEFENDANT PNC BANK N.A.S STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT/ADJUDICATION, #2 Declaration DECLARATION OF STEPHEN DREHER, #3 Declaration DECLARATION OF SEEMA N. KADABA IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT/ADJUDICATION, #4 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT/ADJUDICATION, #5 PROOF OF SERVICE)(Rottinghaus, Daniel)
November 19, 2019 Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Taking Deposition #77 . The following error(s) was/were found: 1. F.R.C.P. 5(d): Discovery documents must not be filed until they are used in the proceeding or the court orders filing. 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. (hr)
November 19, 2019 Filing 78 DECLARATION of Seema N. Kadaba In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 and Continue the Hearing on Motion for Summary Judgment filed by Plaintiff Stephen Dreher. (Rottinghaus, Daniel)
November 19, 2019 Filing 77 NOTICE of Taking Deposition filed by Plaintiff Stephen Dreher.. (Rottinghaus, Daniel)
November 18, 2019 Filing 76 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims #75 filed by Defendant The PNC Financial Services Group, Inc.. (Mosothoane, Helen)
November 18, 2019 Filing 75 NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims filed by Defendant The PNC Financial Services Group, Inc.. Motion set for hearing on 12/16/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration of PNC Bank, N.A. in Support of MSJ, #3 Declaration of Helen Mosothoane in Support of MSJ, #4 Proposed Order, #5 Proof of Service) (Mosothoane, Helen)
November 13, 2019 Filing 74 NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening), #1 filed by Stephen C. Dreher and Melinda Dreher Stephen Dreher. Motion set for hearing on 12/16/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum Memorandum in Support, #2 Declaration Declaration of Seema N. Kadaba in Support, #3 Proposed Order [Proposed] Order and Proof of Service) (Rottinghaus, Daniel)
November 11, 2019 Filing 73 Initial DISCLOSURE of Expert Witnesses filed by Plaintiffs Melinda Dreher, Stephen Dreher (Attachments: #1 Proof of Service)(Kadaba, Seema)
October 30, 2019 Filing 72 MINUTES OF (IN CHAMBERS) ORDER RE: SETTLEMENT CONFERENCEheld before Magistrate Judge Frederick F. Mumm. The Court convened a settlement conference in this matter. The parties did not reach a settlement. (hr)
October 8, 2019 Opinion or Order Filing 71 ORDER GRANTING STIPULATION TO EXTEND DISCOVERY CUTOFF AND RELATED DEADLINES #70 by Judge Michael W. Fitzgerald. The Stipulation is GRANTED. SEE ORDER FOR DETAILS. (iv)
October 8, 2019 Filing 70 STIPULATION to Extend Discovery Cut-Off Date to 01/10/2020 and Related Deadlines filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
September 27, 2019 Opinion or Order Filing 69 MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN #56 by Judge Michael W. Fitzgerald. The Motion is GRANTED. (iv)
September 25, 2019 Opinion or Order Filing 68 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Frederick F. Mumm. PLEASE READ THIS ORDER CAREFULLY! This case has been referred to Magistrate Judge Frederick F. Mumm for settlement proceedings. A Settlement Conference will be held on October 30, 2019, at 1:30 p.m. No later than October 23, 2019, each party shall submit a Confidential Settlement Conference Statement directly to the chambers of Magistrate Judge Mumm. (see document for further details) (hr)
September 17, 2019 Opinion or Order Filing 67 ORDER GRANTING PLAINTIFF AND DEFENDANT'S REQUEST TO CHANGE ADR ELECTION TO ADR PROCEDURE NO. 1 #66 by Judge Michael W. Fitzgerald. This case is hereby referred to ADR Procedure No. 1. IT IS FURTHER ORDERED that the ADR proceeding is to be completed no later than December 9, 2019. (iv)
September 16, 2019 Filing 66 STIPULATION to Change ADR Election Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12) #35 filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
September 12, 2019 Opinion or Order Filing 65 MINUTES (IN CHAMBERS) COURT ORDER TAKING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT #56 OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. The Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for September 16, 2019, is vacated and taken off calendar. An order will issue. (iv)
September 12, 2019 Filing 64 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Request to Appear Telephonically is denied as moot. The hearing set for September 16, 2019 is vacated and taken under submission. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
September 9, 2019 Filing 63 REQUEST for Leave of Attorney Helen Mosothoane to Appear for Defendant by Telephone at Hearing on Motion for Partial Summary Judgment filed by Defendant The PNC Financial Services Group, Inc.. Request set for hearing on 9/16/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Mosothoane, Helen)
September 6, 2019 Opinion or Order Filing 62 PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order #60 . (see document for details) (hr)
August 29, 2019 Filing 61 REPLY In support of motion NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to Enforce Bankruptcy Order and Expunge Lien #56 and Non-Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiff Stephen Dreher. (Rottinghaus, Daniel)
August 29, 2019 Filing 60 Joint STIPULATION for Protective Order filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Proposed Order)(Mosothoane, Helen)
August 26, 2019 Filing 59 NOTICE of Appearance filed by attorney Helen G Mosothoane on behalf of Defendant The PNC Financial Services Group, Inc. (Attorney Helen G Mosothoane added to party The PNC Financial Services Group, Inc.(pty:dft))(Mosothoane, Helen)
August 23, 2019 Filing 58 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to Enforce Bankruptcy Order and Expunge Lien #56 filed by Defendant The PNC Financial Services Group, Inc.. (Attorney Brian Andrew Paino added to party The PNC Financial Services Group, Inc.(pty:dft))(Paino, Brian)
August 6, 2019 Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #55 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Pro Hac Vice. 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)
August 6, 2019 Filing 56 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to to Enforce Bankruptcy Order and Expunge Lien filed by Stephen C. Dreher and Melinda Dreher Melinda Dreher, Stephen Dreher. Motion set for hearing on 9/16/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Partial Summary Judgment, #2 Plaintiffs' Statement of Uncontroverted Facts and Conclusions in Support, #3 Declaration Declaration of Stephen Dreher in Support of Plaintiffs' Motion for Partial Summary Judgment, #4 Declaration Declaration of Seema N. Kadaba in Support of Plaintiffs' Motion for Partial Summary Judgment, #5 Request for Judicial Notice in Support of Plaintiffs' Motion for Partial Summary Judgment, #6 Proposed Order, #7 Proof of Service of Plaintiffs' Motion for Partial Summary Judgment) (Rottinghaus, Daniel)
August 5, 2019 Filing 55 Notice of Appearance or Withdrawal of Counsel: for attorney Peter J Van Zandt counsel for Defendant The PNC Financial Services Group, Inc.. Peter Van Zandt is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The PNC Financial Services Group, Inc.. (Van Zandt, Peter)
July 11, 2019 Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Robert June-Yong Im counsel for Defendant The PNC Financial Services Group, Inc.. Adding Robert June-Yong Im as counsel of record for The PNC Financial Services Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant The PNC Financial Services Group, Inc.. (Attorney Robert June-Yong Im added to party The PNC Financial Services Group, Inc.(pty:dft))(Im, Robert)
July 10, 2019 Filing 53 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Michael W. Fitzgerald. In accordance with the Court's Order issued on July 1, 2019, the Court directed Plaintiffs to file on the public docket a registered judgment from the United States Bankruptcy Court for the District of Idaho. Court Reporter: Pat Cuneo. (iv)
July 10, 2019 Filing 52 Notice of Appearance or Withdrawal of Counsel: for attorney Robert J Emanuel counsel for Defendant The PNC Financial Services Group, Inc.. Robert J. Emanuel is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The PNC Financial Services Group, Inc.. (Emanuel, Robert)
July 10, 2019 Filing 51 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer L Gray counsel for Defendant The PNC Financial Services Group, Inc.. Jennifer L. Gray is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The PNC Financial Services Group, Inc.. (Gray, Jennifer)
July 9, 2019 Filing 50 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Counsel's request to appear telephonically at the Show Cause Hearing on July 10, 2019 at 11:30 a.m. is granted. Number: (877) 848-7030; Access Code: 4573404. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
July 1, 2019 Opinion or Order Filing 49 MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN #42 by Judge Michael W. Fitzgerald. The Motion is DENIED without prejudice. (iv)
June 28, 2019 Filing 48 DECLARATION of Seema N. Kadaba in Response to Order to Show Cause Re: Default Judgment filed by Plaintiff Stephen Dreher. (Rottinghaus, Daniel)
May 30, 2019 Opinion or Order Filing 47 MINUTES (IN CHAMBERS) COURT ORDER TAKING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT #42 OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. 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 submission on the papers without oral argument. Accordingly, the hearing set on this motion for June 3, 2019, is vacated and taken off calendar. (iv)
May 17, 2019 Filing 46 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to PLAINTIFFS NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN #42 filed by Plaintiff Stephen Dreher. (Rottinghaus, Daniel)
May 13, 2019 Filing 45 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to PLAINTIFFS NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN #42 filed by Defendant The PNC Financial Services Group, Inc.. (Emanuel, Robert)
April 26, 2019 Filing 44 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. At the request of counsel and with the Court's approval, the Motion for Partial Summary Judgment is continued to June 3, 2019 at 10:00 AM before Judge Michael W. Fitzgerald. The Opposition is due May 13, 2019; Reply is due May 20, 2019. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
April 22, 2019 Filing 43 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to PLAINTIFFS NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN #42 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Attachments: #1 Exhibit Exhibits A-E, #2 Declaration Exhibits F-K, #3 Proof of Service)(Rottinghaus, Daniel)
April 22, 2019 Filing 42 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to PLAINTIFFS NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN filed by Plaintiff Melinda Dreher, Stephen Dreher. Motion set for hearing on 5/20/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 PLAINTIFFS STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN, #2 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE BANKRUPTCY ORDER AND EXPUNGE LIEN, #3 Declaration DECLARATION OF STEPHEN DREHER IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE THE BANKRUPTCY ORDER AND EXPUNGE LIEN, #4 Declaration DECLARATION OF SEEMA N. KADABA IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 56 TO ENFORCE THE BANKRUPTCY ORDER AND EXPUNGE LIEN, #5 Proposed Order [PROPOSED ORDER, #6 PROOF OF SERVICE) (Rottinghaus, Daniel)
April 11, 2019 Filing 41 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Michael W. Fitzgerald. Case called and counsel make their appearance. The Status Conference is held. The Court continues the Order To Show Cause Re Default Judgment as to Dreambuilder Investments to July 10, 2019 at 11:30 a.m. Court Reporter: Amy Diaz. (iv)
April 11, 2019 Opinion or Order Filing 40 MINUTES (IN CHAMBERS) ORDER RE: ORDER TO SHOW CAUSE RE: DEFAULT JUDGMENT by Judge Michael W. Fitzgerald. The Court, however, declines to order such relief pursuant to counsel's declaration and instead directs Plaintiffs to file a motion requesting such relief noticed to be heard by no later than May 20, 2019. The OSC is CONTINUED until July 10, 2019. (iv)
April 9, 2019 Filing 39 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Status Conference is set for 4/11/2019 at 11:00 AM before Judge Michael W. Fitzgerald. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 4573404. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
April 4, 2019 Opinion or Order Filing 38 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Robert J. Emanuel to Appear Pro Hac Vice on behalf of Defendant The PNC Financial Services Group, Inc, designating Jennifer L. Gray as local counsel #37 . (iv)
April 3, 2019 Filing 37 APPLICATION of Non-Resident Attorney Robert J. Emanuel to Appear Pro Hac Vice on behalf of Defendant The PNC Financial Services Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23491180) filed by Defendant The PNC Financial Services Group, Inc.. (Attachments: #1 Proposed Order) (Gray, Jennifer)
April 1, 2019 Opinion or Order Filing 36 ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 6/17/2019. Non-expert Discovery Cut-off 10/25/2019. Last Day to Hear Motions 11/25/2019. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 1/21/2020. Final Pretrial Conference and Hearing on Motions in Limine 2/10/2020 at 11:00 AM. Trial Date (Est. 3-4 Days) 3/3/2020 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
April 1, 2019 Opinion or Order Filing 35 ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 12/9/2019. (iv)
April 1, 2019 Filing 34 MINUTES OF SCHEDULING CONFERENCE held before Judge Michael W. Fitzgerald. Case called and counsel make their appearance. The Scheduling Conference held. The Court sets dates. Please see separate Order Re Jury Trial, also filed today. Court Reporter: Amy Diaz. (iv)
March 29, 2019 Filing 33 DECLARATION of Seema N. Kadaba re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #31 Declaration of Seema N. Kadaba in Response to Order to Show Cause re Default Judgment filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Rottinghaus, Daniel)
March 18, 2019 Filing 32 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Plaintiffs Melinda Dreher, Stephen Dreher.. (Rottinghaus, Daniel)
March 14, 2019 Opinion or Order Filing 31 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT by Judge Michael W. Fitzgerald. In light of the Default By Clerk #26 entered on February 26, 2019, the Court sets a hearing for Order To Show Cause Re Default Judgment as to Dreambuilder Investments, LLC, for April 1, 2019 at 11:00 a.m. (iv)
March 11, 2019 Filing 30 INITIAL DISCLOSURE of Rule 26(a)(1) filed by Plaintiff Stephen Dreher (Rottinghaus, Daniel)
March 1, 2019 Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #28 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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)
February 28, 2019 Filing 28 NOTICE of Appearance filed by attorney Jennifer L Gray on behalf of Defendant The PNC Financial Services Group, Inc. (Gray, Jennifer)
February 28, 2019 Filing 27 CERTIFICATE of Interested Parties filed by Defendant The PNC Financial Services Group, Inc., identifying PNC Bank, NA is a wholly owned subsidiary of PNC Financial Services, Group, Inc.. (Attorney Jennifer L Gray added to party The PNC Financial Services Group, Inc.(pty:dft))(Gray, Jennifer)
February 26, 2019 Filing 26 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Dreambuilder Investments, LLC. (iv)
February 22, 2019 Opinion or Order Filing 25 ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 4/1/2019 at 11:00 AM. (iv)
February 22, 2019 Opinion or Order Filing 23 DISCHARGE OF ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: On 02/08/2019, the Court issued an Order to Show Cause Re Dismissal for Lack of Prosecution ("OSC") #18 . In response to that OSC, Defendant The PNC Financial Services Group, Inc. filed an Answer to Complaint on 02/12/2019 #19 , and Plaintiff filed a Declaration of Scott M. Mackey on 02/21/2019 #22 . The Court deems those filings satisfactory responses. The OSC is DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
February 21, 2019 Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint #19 by Judge Michael W. Fitzgerald. A Notice of Interested Parties, as required by Local Rule 7.1-1, shall be filed no later than February 28, 2019. (iv)
February 21, 2019 Filing 22 DECLARATION of Scott M. Mackey re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #18 Declaration of Scott M. Mackey in Response to OSC re Dismissal for Lack of Prosecution filed by Plaintiff Melinda Dreher. (Rottinghaus, Daniel)
February 20, 2019 Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #19 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (iv)
February 20, 2019 Filing 20 Plaintiffs' Application for Entry of Default Against Defendant Dreambuilder Investments, LLC filed by Plaintiff Melinda Dreher and Plaintiff Stephen Dreher re: Service of Summons and Complaint Returned Executed (21 days), #17 (Attachments: #1 Declaration Declaration of Scott M. Mackey in Support of Plaintiffs' Application for Entry of Default Against Defendant Dreambuilder Investments, LLC)(Rottinghaus, Daniel)
February 12, 2019 Filing 19 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant The PNC Financial Services Group, Inc..(Attorney Peter J Van Zandt added to party The PNC Financial Services Group, Inc.(pty:dft))(Van Zandt, Peter)
February 8, 2019 Opinion or Order Filing 18 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald. Plaintiffs are ordered to show cause, in writing, why this action should not be dismissed for lack of prosecution. The Court will consider the filing of at least one of the following no later than February 22, 2019 as an appropriate response to this Order to Show Cause: Responses to Complaint by Defendants, or applications for entry of default pursuant to Federal Rule of Civil Procedure 55(a). Failure to respond to the Order to Show Cause will result in the dismissal of this action. (iv)
January 31, 2019 Filing 17 PROOF OF SERVICE Executed by Plaintiff Stephen Dreher, Melinda Dreher, upon Defendant Dreambuilder Investments, LLC served on 1/17/2019, answer due 2/7/2019. Service of the Summons and Complaint were executed upon Peter J. Andrews, President of Dreambuilder Investments, LLC in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Rottinghaus, Daniel)
January 17, 2019 Filing 16 DECLARATION of Scott M. Mackey re Service on Defendants The PNC Financial Services Group, Inc. and Dream Builder Investments LLC filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Rottinghaus, Daniel)
January 3, 2019 Filing 15 PROOF OF SERVICE Executed by Plaintiff Stephen Dreher, Melinda Dreher, upon Defendant Service of the Summons and Complaint were executed upon William S.Demchak, President of PNC.; George Long, Secretary of PNC; Wiliam Parsley, Treasurer of PNC; Joseph Guyaux, Vice President PNC. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Rottinghaus, Daniel)
December 31, 2018 Filing 14 PROOF OF SERVICE Executed by Plaintiff Stephen Dreher, Melinda Dreher, upon Defendant The PNC Financial Services Group, Inc. served on 12/4/2018, answer due 2/4/2019. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to THe PNC Financial Services Group, Inc.. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. , SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Stephen Dreher; Melinda Dreher, upon Defendant The PNC Financial Services Group, Inc. served on 12/4/2018, answer due 2/4/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. in compliance with California Code of Civil Procedure.Due diligence declaration NOT attached.Original Summons returned. (Rottinghaus, Daniel)
December 7, 2018 Opinion or Order Filing 13 MINUTES (IN CHAMBERS) ORDER RE: REQUEST TO EXTEND RULE 4(M) DEADLINE by Judge Michael W. Fitzgerald. The Court determines that there is good cause to extend the deadline under Rule 4(m) by which Plaintiffs must serve Defendants PNC and Dreambuilder. Plaintiffs shall file proofs of services by no later than January 22, 2018. (iv)
December 3, 2018 Filing 12 DECLARATION of Scott M. Mackey re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #9 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Rottinghaus, Daniel)
November 29, 2018 Opinion or Order Filing 11 MINUTES (IN CHAMBERS) ORDER RE: NON-DISCHARGE OF ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. Plaintiffs' proof of service as to PNC is stricken, and the OSC for lack of prosecution as to both PNC and Dreambuilder remains pending. (iv)
November 27, 2018 Filing 10 **STRICKEN** PROOF OF SERVICE Executed by Plaintiff Stephen Dreher, Melinda Dreher, upon Defendant The PNC Financial Services Group, Inc. served on 9/17/2018, answer due 10/9/2018. Service of the Summons and Complaint were executed upon Steven Fuselman in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Rottinghaus, Daniel) Modified on 11/30/2018 Per Order #11 (iv).
November 19, 2018 Opinion or Order Filing 9 MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: Plaintiff is ordered to show cause, in writing, why this action should not be dismissed for lack of prosecution. The Court will consider the filing of at least one of the following no later than December 6, 2018 as an appropriate response to this Order to Show Cause: Proof of service of summons and complaint or a Response to Complaint by the defendant or an application for entry of default pursuant to Federal Rule of Civil Procedure 55(a). (See minute order for further details) (yl)
September 10, 2018 Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Dreambuilder Investments, LLC, The PNC Financial Services Group, Inc.. (esa)
September 10, 2018 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
September 10, 2018 Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Frederick F. Mumm. (esa)
September 7, 2018 Filing 5 NOTICE of Interested Parties filed by Plaintiffs Melinda Dreher, Stephen Dreher, (Rottinghaus, Daniel)
September 7, 2018 Filing 4 ** FILED AS REQUEST FOR SUMMONS ** FILED AS NOTICE of Interested Parties filed by Plaintiffs Melinda Dreher, Stephen Dreher, (Rottinghaus, Daniel) Modified on 9/10/2018 (esa).
September 7, 2018 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Rottinghaus, Daniel)
September 7, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Melinda Dreher, Stephen Dreher. (Rottinghaus, Daniel)
September 7, 2018 Filing 1 COMPLAINT Receipt No: 0973-22386315 - Fee: $400, filed by Plaintiffs Stephen Dreher, Melinda Dreher. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G) (Attorney Daniel Louis Rottinghaus added to party Melinda Dreher(pty:pla), Attorney Daniel Louis Rottinghaus added to party Stephen Dreher(pty:pla))(Rottinghaus, Daniel)

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Search for this case: Stephen and Melinda Dreher v. The PNC Financial Services Group, Inc. et al
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Defendant: DOES 1-50
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Defendant: Dreambuilder Investments, LLC
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Defendant: THe PNC Financial Services Group, Inc.
Represented By: Robert June-Yong Im
Represented By: Brian Andrew Paino
Represented By: Helen G. Mosothoane
Represented By: Jennifer L Gray
Represented By: Peter J Van Zandt
Represented By: Robert J Emanuel
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Defendant: Does 1-10, inclusive
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Defendant: American Servicing and Recovery Group LLC
Represented By: Ian Scott Landsberg
Represented By: Molly K Madden
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Defendant: PNC Bank, National Association
Represented By: Brian Andrew Paino
Represented By: Helen G. Mosothoane
Represented By: Patrick T. Voke
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Defendant: US Bank National Assocation
Represented By: Lisa M Simonetti
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Plaintiff: Melinda Dreher
Represented By: Daniel Louis Rottinghaus
Represented By: Scott Michael Mackey
Represented By: Seema Nikila Kadaba
Represented By: Paul W Windust
Represented By: Frederick A Hagen
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Plaintiff: Stephen Dreher
Represented By: Daniel Louis Rottinghaus
Represented By: Scott Michael Mackey
Represented By: Seema Nikila Kadaba
Represented By: Frederick A Hagen
Represented By: Paul W Windust
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