Oriana Parks v. Wells Fargo Bank, National Association et al
| Oriana Parks |
| Does 1 through 10, America s Servicing Company, Wells Fargo Bank, N.A., Wells Fargo Bank, National Association, Xome Field Services, LLC and ServiceLink NLS, LLC |
| 2:2019cv00588 |
| January 25, 2019 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| John F Walter |
| Torts to Land |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and/or Motion to Strike Complaint #38 filed by Plaintiff Oriana Parks. (Buda, Tiffany) |
| Filing 45 DECLARATION of Stephen C. Grebing re Compliance with Local Rules Governing Electronic Filing filed by Defendant Xome Field Services, LLC. (Grebing, Stephen) |
| Filing 44 Joint STIPULATION to Amend Amended Complaint/Petition #18 filed by Plaintiff Oriana Parks.(Buda, Tiffany) |
Filing 43
ORDER GRANTING EXTENSION OF TIME FOR XOME FIELD SERVICES, LLC TO RESPOND TO FIRST AMENDED COMPLAINT BY TWO WEEKS #39 by Judge John F. Walter. Defendant Xome Field Services, LLC shall have until March 27, 2019 to respond to Plaintiff's First Amended Complaint. (iv)
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| Filing 42 Certification and NOTICE of Interested Parties filed by Defendant Xome Field Services, LLC, identifying Xome Field Services, LLC, a Delaware corporation. (Attachments: #1 Certificate of Service)(Grebing, Stephen) |
| Filing 41 CERTIFICATE of Interested Parties filed by Defendant ServiceLink NLS, LLC, (Ross, Alan) |
| Filing 40 ANSWER to Amended Complaint/Petition #18 with JURY DEMAND filed by Defendant ServiceLink NLS, LLC.(Attorney Alan G Ross added to party ServiceLink NLS, LLC(pty:dft))(Ross, Alan) |
| Filing 39 Joint STIPULATION Extending Time to Answer the complaint as to Xome Field Services, LLC answer now due 3/27/2019, re Amended Complaint/Petition #18 filed by Defendant Xome Field Services, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Attorney Stephen C Grebing added to party Xome Field Services, LLC(pty:dft))(Grebing, Stephen) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case and/or Motion to Strike Complaint filed by Defendant America s Servicing Company, Wells Fargo Bank, N.A.. Motion set for hearing on 4/15/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Notice of Lodgement, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Proposed Order) (Attorney Alejandro E Moreno added to party America s Servicing Company(pty:dft)) (Moreno, Alejandro) |
| Filing 37 DECLARATION of Alejandro Moreno re Text Only Scheduling Notice,,, 33 re In Person Meet and Confer Conference re Motion to Dismiss and/or Motion to Strike filed by Defendant Wells Fargo Bank, N.A.. (Moreno, Alejandro) |
| Filing 36 DECLARATION of Tiffany N. Buda re Text Only Scheduling Notice,,, 33 Re: March 4, 2019 Meet and Confer Conference Regarding Wells Fargo Bank, N.A.'s Motion to Dismiss and/or Strike filed by Plaintiff Oriana Parks. (Buda, Tiffany) |
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Filing 35
PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order #34 (dml)
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| Filing 34 STIPULATION for Protective Order filed by Defendant Wells Fargo Bank, N.A..(Moreno, Alejandro) |
| Filing 33 Text Entry Order: The Court concludes that the parties have failed to conduct a proper Local Rule 7-3 conference based on their failure to meaningfully describe their respective legal positions in the Joint Statement filed on February 28, 2019 (Docket No. #32 ). Accordingly, the Court orders the parties to conduct an additional conference in person by March 11, 2019. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion to Dismiss remains necessary, Defendant shall not file the Motion to Dismiss until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 32 STATEMENT Joint Statement re the Parties' Meet and Confer Pursuant to Local Rule 7-3 and this Court's Standing Order re Wells Fargo Bank, N.A.'s Motion to Dismiss and Motion to Strike the Amended Complaint [Fed. R. Civ. P. 12(b)(6), 12(f)] filed by Defendant Wells Fargo Bank, N.A. (Moreno, Alejandro) |
| Filing 31 MINUTES (IN CHAMBERS) by Judge John F. Walter DENYING AS MOOT #17 WELLS FARGO BANKS MOTION TO DISMISS AND OR MOTION TO STRIKE PLAINTIFFS COMPLAINT. (shb) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Oriana Parks, upon Defendant Xome Field Services, LLC served on 2/20/2019, answer due 3/13/2019. Service of the Summons and Complaint were executed upon Becky DeGeorge, Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Buda, Tiffany) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Oriana Parks, upon Defendant ServiceLink NLS, LLC served on 2/20/2019, answer due 3/13/2019. Service of the Summons and Complaint were executed upon Gabriela Sanchez, Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Buda, Tiffany) |
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Filing 28
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter.The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 11/15/2019 at 10:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 11/22/2019 at 10:00 AM. Jury Trial set for 12/3/2019 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 27
ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO PRIVATE MEDIATION by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on February 25, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: July 8, 2019. The Joint Report re: Results of Settlement Conference due on: July 12, 2019. (iv)
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| Filing 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Oriana Parks.. (Buda, Tiffany) |
| Filing 25 21 DAY Summons Issued re Amended Complaint/Petition #18 as to Defendant Xome Field Services, LLC. (iv) |
| Filing 24 21 DAY Summons Issued re Amended Complaint/Petition #18 as to Defendant Wells Fargo Bank, National Association. (iv) |
| Filing 23 21 DAY Summons Issued re Amended Complaint/Petition #18 as to Defendant America s Servicing Company. (iv) |
| Filing 22 21 DAY Summons Issued re Amended Complaint/Petition #18 as to Defendant ServiceLink NLS, LLC. (iv) |
| Filing 21 Request for Clerk to Issue Summons on Amended Complaint/Petition #18 filed by Plaintiff Oriana Parks. (Attachments: #1 Summons)(Habashy, John) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney John R Habashy counsel for Plaintiff Oriana Parks. Adding John R. Habashy as counsel of record for Oriana Parks for the reason indicated in the G-123 Notice. Filed by Plaintiff Oriana Parks. (Habashy, John) |
| Filing 19 Request for Clerk to Issue Summons on Amended Complaint/Petition #18 filed by Plaintiff Oriana Parks. (Attachments: #1 Summons)(Buda, Tiffany) |
| Filing 18 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Oriana Parks (Attachments: #1 Red-lined Complaint)(Buda, Tiffany) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 3/11/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Exhibit A to RJN, #4 Exhibit B to RJN, #5 Exhibit C to RJN, #6 Exhibit D to RJN, #7 Notice of Lodgment, #8 Exhibit 1 to NOL, #9 Exhibit 2 to NOL, #10 Exhibit 3 to NOL, #11 Proposed Order) (Moreno, Alejandro) |
| Filing 16 NOTICE OF SCHEDULING CONFERENCE filed by Plaintiff Oriana Parks. (Buda, Tiffany) |
| Filing 15 STATEMENT Joint Statement re Meet and Confer Pursuant to LR 7-3 filed by Defendant Wells Fargo Bank, N.A. (Moreno, Alejandro) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Wells Fargo Bank, N.A. answer now due 2/8/2019, re Complaint - (Discovery) filed by Defendant Wells Fargo Bank, N.A..(Moreno, Alejandro) |
| Filing 13 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Oriana Parks, (Buda, Tiffany) |
| Filing 12 DECLARATION of Alejandro Moreno re Compliance Governing Electronic Filing filed by Defendant Wells Fargo Bank, N.A.. (Moreno, Alejandro) |
| Filing 11 DECLARATION of TIFFANY N. BUDA LEAD COUNSEL RE: COMPLIANCE WITH STANDING ORDER AUTHORIZING ELECTRONIC FILING filed by Plaintiff Oriana Parks. (Buda, Tiffany) |
| Filing 10 PROOF OF SERVICE filed by Plaintiff Oriana Parks, re Initial Order upon Filing of Complaint - form only #7 OF STANDING ORDER served on 1/30/2019. (Buda, Tiffany) |
| Filing 9 PROOF OF SERVICE filed by defendant Wells Fargo Bank, N.A., re Initial Order upon Filing of Complaint - form only #7 [Standing Order Hon. John F. Walter] served on January 29, 2019. (Vogel, Edward) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for February 25, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before February 19, 2019. (iv)
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Filing 7
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 6 PROOF OF SERVICE filed by defendant Wells Fargo Bank, N.A., re Notice of Assignment to United States Judges(CV-18) - optional html form #4 served on January 25, 2019. (Vogel, Edward) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Rozella A. Oliver. (esa) |
| Filing 3 CERTIFICATE of Interested Parties filed by defendant Wells Fargo Bank, National Association, identifying Wells Fargo & Company. (Vogel, Edward) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Wells Fargo Bank, National Association. (Vogel, Edward) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 18VECV00353 Receipt No: 0973-23098928 - Fee: $400, filed by defendant Wells Fargo Bank, National Association. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Remaining State Court File, #3 Proof of Service) (Attorney Edward D Vogel added to party Wells Fargo Bank, National Association(pty:dft))(Vogel, Edward) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Oriana Parks, upon Defendant America s Servicing Company served on 12/27/2018. Service of the Summons and Complaint were executed upon CSC, Agent of Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Filed in state court 12/31/18, submitted as document 1, attachment 2, p. 13) (esa) |
| CONFORMED COPY OF COMPLAINT against defendants America s Servicing Company, Does 1 through 10, Wells Fargo Bank, National Association, filed by plaintiff Oriana Parks. (Filed in state court 12/21/18, submitted as document 1, attachment 1) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Oriana Parks, upon Defendant Wells Fargo Bank, National Association served on 12/27/2018. Service of the Summons and Complaint were executed upon CSC, Agent of Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Filed in state court 12/31/18, submitted as document 1, attachment 2, p. 14)(esa) |
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