FL1, a series of Funlife, LLC v. J. Carol Duncan et al
| FL1, a series of Funlife, LLC |
| Trustee Whitney Duncan, Trustee Joanne Neubauer, Trustee David Hicks, Trustee Tyler Duncan, Trustee J. Carol Duncan, Trustee Cyndi Hicks, Bank of America, N.A., Pacific Premier Bancorp, Inc., Whitney Duncan, Joanne Neubauer, David Hicks, Tyler Duncan, Cyndi Hicks, DOES 1 through 10, inclusive and J. Carol Duncan |
| 2:2019cv01262 |
| February 20, 2019 |
| US District Court for the Central District of California |
| Steve Kim |
| Otis D Wright |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 46 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #39 filed by Plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joinder (Motion Related) #44 Joanne Neubauer. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice: Certificate/Notice of Interested Parties. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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 44 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #39 Certificate of Interested Parties filed by Defendant Joanne Neubauer. (Bailey, John) |
| Filing 43 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #39 filed by Defendant Joanne Neubauer. (Bailey, John) |
| Filing 42 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #39 by Clerk to Judge Otis D. Wright, II. The document is accepted as filed. (lc) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Duncan defendants' NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #39 . The following error(s) was/were found: Case number is incorrect or missing. Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Clarification of the above: 1) Case number has incorrect Judge's initials as "JAK", should be "ODW". 2) Missing formal LR 6.1 formal Notice of Motion text re hearing date, time, Judge Courtroom and Court street address, information(filer only has abbreviated information under case number). 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 41
ORDER APPROVING STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT #35 , by Judge Otis D. Wright, II:Defendant Pacific Premier Bank Bancorp, Inc.(sued herein as Pacific Premier Bancorp, Inc.) time to answer or otherwise respond to complaint extended by 14 days to 4/23/2019 (lc)
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| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure filed by Defendant J. Carol Duncan, Tyler Duncan, Whitney Duncan. Motion set for hearing on 5/6/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Kroes, R) |
| Filing 38 Certification and NOTICE of Interested Parties filed by Defendant J. Carol Duncan, identifying FL1, series of Funlife, LLC; Tyler J. Duncan and Whitney Duncan, Trustees of the Tyler and Whitney Duncan Family Trust; Cyndi Hicks and David Hicks, Trustees of the David and Cyndi Hicks Family Trust; Joanne Neubauer; Bank of America, N.A.; Pacific Premier Bancorp, Inc.. (Kroes, R) |
| Filing 37 Certification and NOTICE of Interested Parties filed by Defendant Tyler Duncan, Whitney Duncan, identifying FL1, series of Funlife, LLC; J. Carol Duncan, Trustee of J. Carol Duncan Revocable Trust; Cyndi Hicks and David Hicks, Trustees of the David and Cyndi Hicks Family Trust; Joanne Neubauer; Bank of America, N.A.; Pacific Premier Bancorp, Inc.. (Kroes, R) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #34 by Duncan defendants. 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. (lc) |
| Filing 35 Second STIPULATION for Extension of Time to File Response to Complaint as to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Pacific Premier Bancorp, Inc.. (Attachments: #1 Proposed Order)(Mauss, Byron) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure filed by Defendant J. Carol Duncan, Tyler Duncan, Whitney Duncan. Motion set for hearing on 5/6/2019 at 01:30 PM before Judge Otis D. Wright II. (Kroes, R) |
| Filing 33 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Verified Complaint Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure #19 filed by Defendant Joanne Neubauer. (Attorney John L Bailey added to party Joanne Neubauer(pty:dft))(Bailey, John) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant Whitney Duncan served on 2/28/2019, answer due 3/21/2019. Service of the Summons and Complaint were executed upon R. Chris Kroes, Attorney in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. 02/22/19 (Forouzandeh, Robert) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant Tyler Duncan served on 2/28/2019, answer due 3/21/2019. Service of the Summons and Complaint were executed upon R. Chris Kroes, Attorney in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. 02/22/19 (Forouzandeh, Robert) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant J. Carol Duncan served on 2/28/2019, answer due 3/21/2019. Service of the Summons and Complaint were executed upon R. Chris Kroes, Attorney in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. 02/22/19 (Forouzandeh, Robert) |
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Filing 29
ORDER APPROVING STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT #28 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: that the time for Defendant Pacific Premier Bancorp, Inc. to answer or otherwise respond Plaintiff's Complaint is extended by 14 days to April 9, 2019. (lom)
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| Filing 28 STIPULATION for Extension of Time to File Response to Complaint filed by Defendant Pacific Premier Bancorp, Inc.. (Attachments: #1 Proposed Order)(Attorney Byron B Mauss added to party Pacific Premier Bancorp, Inc.(pty:dft))(Mauss, Byron) |
| Filing 27 NOTICE Notice of Pendency of Action filed by plaintiff FL1, a series of Funlife, LLC. Neubauer Property (Forouzandeh, Robert) |
| Filing 26 NOTICE Notice of Pendency of Action filed by plaintiff FL1, a series of Funlife, LLC. Duncan Property (Forouzandeh, Robert) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant Pacific Premier Bancorp, Inc. served on 3/5/2019, answer due 3/26/2019. Service of the Summons and Complaint were executed upon Ami Boardman, Agent for Service in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. 02/22/19 (Attachments: #1 Declaration)(Forouzandeh, Robert) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant Bank of America, N.A. served on 3/5/2019, answer due 3/26/2019. Service of the Summons and Complaint were executed upon Carlos Paz, Authorized to accept service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. 02/22/19 (Forouzandeh, Robert) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant Cyndi Hicks served on 3/12/2019, answer due 4/2/2019. Service of the Summons and Complaint were executed upon Carol Duncan, mother in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. 02/22/19 (Attachments: #1 Affidavit)(Forouzandeh, Robert) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant David Hicks served on 3/12/2019, answer due 4/2/2019. Service of the Summons and Complaint were executed upon Carol Duncan, mother-in-law in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. 02/22/19 (Attachments: #1 Affidavit)(Forouzandeh, Robert) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff FL1, a series of Funlife, LLC, upon Defendant Joanne Neubauer served on 3/15/2019, answer due 4/5/2019. Service of the Summons and Complaint were executed upon Joanne Neubauer, defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. 02/22/19 (Forouzandeh, Robert) |
| Filing 20 MINUTES (In Chambers): by Judge Otis D. Wright, II. Defendants' Motion to Dismiss Verified Complaint filed on March 22, 2019 (Docket No. #19 ) is STRICKEN for failure to comply with Local Rule 7-3 which requires a conference of counsel to take place at least seven days prior to the filing of the Motion. Defendants may refile the Motion after complying with the Local Rules. (lom) |
| Filing 19 STRICKEN, see docket entry no. 20- NOTICE OF MOTION AND MOTION to Dismiss Verified Complaint Pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure filed by Defendant J. Carol Duncan, Tyler Duncan, Whitney Duncan. Motion set for hearing on 4/22/2019 at 01:30 PM before Judge Otis D. Wright II. (Attorney R Chris Kroes added to party J. Carol Duncan(pty:dft), Attorney R Chris Kroes added to party Tyler Duncan(pty:dft), Attorney R Chris Kroes added to party Whitney Duncan(pty:dft)) (Kroes, R) Modified on 3/25/2019 (lom). |
| Filing 18 NOTICE Notice of Scheduling Meeting of Counsel and Scheduling Conference filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
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Filing 17
ORDER that the Scheduling Conference is set for 6/3//19 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Bank of America, N.A. Answer to Complaint (Attorney Civil Case Opening) #15 . 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. (lc) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Bank of America, N.A..(Attorney William G Malcolm added to party Bank of America, N.A.(pty:dft))(Malcolm, William) |
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Filing 14
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central District's website for additional information. See document for other requirements. (lom)
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Filing 13
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 16-05 by Judge John A. Kronstadt. Case transferred from Judge John A. Kronstadt to the calendar of Judge Otis D. Wright, II for all further proceedings. Case number now reads as 2:19-cv-01262 ODW(SKx). (rn)
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| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Bank of America, N.A., J. Carol Duncan, Tyler Duncan, Whitney Duncan, Cyndi Hicks, David Hicks, Joanne Neubauer, and Pacific Premier Bancorp, Inc. (Attachments: #1 Duncan, #2 TDuncan, #3 Hicks, #4 Neubauer, #5 Pacific) (jtil) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Steve Kim. (jtil) |
| Filing 9 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Summons Request, #8 , Summons Request, #7 , Summons Request #5 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #6 , Summons Request #4 , Miscellaneous Document #3 filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 8 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Summons Request, #7 , Summons Request #5 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #6 , Summons Request #4 , Miscellaneous Document #3 filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 7 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #6 , Summons Request #4 , Miscellaneous Document #3 filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 6 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #4 , Miscellaneous Document #3 filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 5 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Miscellaneous Document #3 filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Miscellaneous Document #3 filed by plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES [filed by counsel as Complaint ] (Forouzandeh, Robert) Modified on 2/22/2019 (jtil). |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff FL1, a series of Funlife, LLC. (Forouzandeh, Robert) |
| Filing 1 COMPLAINT Receipt No: 0973-23245013 - Fee: $400, filed by plaintiff FL1, a series of Funlife, LLC. (Attachments: #1 Exhibit) (Attorney Robert Behrooz Forouzandeh added to party FL1, a series of Funlife, LLC(pty:pla))(Forouzandeh, Robert) |
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