John K. Reed v. Ohio Savings Bank et al
| John K. Reed |
| Clear Recon Copr., Ohio Savings Bank, New York Community Bank, Cal-Western Reconveyance Corp., Does 1 to 10, U.S. Bank National Association, Mortgage Electronic Registration Systems, Inc., Select Portfolio Servicing and Aldridge Pite, LLP |
| 2:2019cv03019 |
| April 18, 2019 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Philip S Gutierrez |
| Alka Sagar |
| Michael R Wilner |
| Real Property: Other |
| Plaintiff |
Docket Report
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Filing 66
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #64 filed by John K. Reed. CCA # 20-55217. Because the notice of appeal was not filed within 30 days after the judgment entered on October 2, 2019, this Court lacks jurisdiction to review that judgment. However, this Court does have jurisdiction to review the district court's denial of appellant's Rule 60 motion because appellants notice of appeal is timely as to that order. Accordingly, appellees' motion to dismiss (Docket Entry No. 2) is denied. However, the scope of this appeal is limited to review of the February 25, 2020 order denying the Rule 60 motion. Appellant's motion for lis pendens is denied. (mat)
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| Filing 65 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55217 assigned to Notice of Appeal to 9th Circuit Court of Appeals #64 as to Plaintiff John K. Reed. (bm) |
| Filing 64 NOTICE OF APPEAL to the 9th CCA filed by plaintiff John K. Reed. Appeal of Minutes of In Chambers Order #61 Filed On: 1/24/20; Entered On: 1/24/20; Filing fee $505 PAID, receipt number LA202872. (mat) |
| Filing 63 FINANCIAL ENTRY: Appeal Fee Paid Received $505.00 into the registry of the Court from John K. Reed. Receipt number LA202872. (chs) |
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Filing 62
MINUTE ORDER(In Chambers): Order regarding filings by Judge Philip S. Gutierrez: This case was closed on September 26, 2019. The clerk is ORDERED not to accept any further filings in this action other than a notice of appeal. (bm)
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Filing 61
MINUTE ORDER (In Chambers): The Court DENIES Plaintiff's motion by Judge Philip S. Gutierrez: On September 26, 2019 this Court dismissed the remaining Defendant from this action, closing the case. See Dkt. no. 57. Subsequently, on November 12, 2019, pro se Plaintiff John K. Reed ("Plaintiff") filed "Plaintiff's Opposition to Defendants' Opposition to Plaintiff's Second Motion for Plaintiff's for Relief under Federal Rules of Civil Procedure Rule 60." See Dkt. no. 60. The Court construes this filing as a motion for reconsideration. The Court finds the matter appropriate for decision without oral argument. Accordingly, Plaintiff's motion is DENIED. (see document for further details) (bm)
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| Filing 60 PLAINTIFF'S OPPOSITION TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S SECOND MOTION FOR PLAINTIFF'S FOR RELIEF UNDER FEDERAL RULES OF CIVIL PROCEDURE RULE 60 filed by Plaintiff John K. Reed. (Attachments: #1 Proposed Order)(bm) |
| Filing 59 JUDGMENT OF DISMISSAL by Judge Philip S. Gutierrez, in favor of U.S. Bank National Association against John K. Reed. Plaintiff is awarded nothing in this action against U.S.Bank. Related to: Order on Motion to Dismiss Case, #57 . (twdb) |
| Filing 58 NOTICE OF LODGING filed re Order on Motion to Dismiss Case, #57 , NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #47 (Attachments: #1 Proposed Judgment of Dismissal, #2 Proof of Service)(Dailey, Steven) |
| Filing 57 MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez granting #47 MOTION to Dismiss Case: For the foregoing reasons, the Court GRANTS Defendant U.S. Bank's motion to dismiss. All of Plaintiff's claims, except for his cause of action based on his purported offer of tender that went unanswered, are DISMISSED WITH PREJUDICE. Plaintiff's motions, Dkts. no. 51, no. 52,no. 56, are RENDERED MOOT. This order closes the case. (see document for further details) (bm) |
| Filing 55 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's motion, Plaintiff's Notice of Request to Record Release of Financial Obligation Under Deed of Trust filed on September 23, 2019 is set for hearing on 09/30/2019 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 56 PLAINTIFF'S NOTICE OF REQUEST TO RECORD RELEASE OF FINANCIAL OBLIGATION UNDER DEED OF TRUST filed by plaintiff John K. Reed. (bm) |
| Filing 54 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #47 filed by Defendant U.S. Bank National Association. (Attorney Rebecca L Wilson added to party U.S. Bank National Association(pty:dft))(Wilson, Rebecca) |
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Filing 53
MINUTE ORDER (IN CHAMBERS) SETTING HEARING DATE by Judge Philip S. Gutierrez. On the Court's motion, Plaintiff's motions #51 and #52 are set for hearing on 9/30/19 at 1:30 p.m. (wm)
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| Filing 52 MOTION TO APPLY CALIFORNIA CIVIL CODE OF PROCEDURE Sections 2074, 2075, 2076, 2077; United States Supreme Court Syllabus 13 - 684; Letters Of Tender to All Herein Named Defendant By Attorney Dennis Geselowitz And Proof Of Publication Regarding Plaintiff's Offer Of Tender In filed by plaintiff John K. Reed. (bm) |
| Filing 51 ALL OF THE ACCOMPANYING EXHIBITS FROM ATTORNEY STEVEN M. DAILEY OF KUTAK ROCK Do Not Apply To This Matter Because This Is A Case Of An Unanswered Notice of Tender filed by Plaintiff John K. Reed. (bm) (Additional attachment(s) added on 9/5/2019: #1 Exhibits Part 2) (bm). (Additional attachment(s) added on 9/5/2019: #2 Exhibits Part 3) (bm). (Additional attachment(s) added on 9/5/2019: #3 Exhibits Part 4) (bm). (Additional attachment(s) added on 9/5/2019: #4 Exhibits Part 5) (bm). (Additional attachment(s) added on 9/5/2019: #5 Exhibits Part 6, #6 Exhibits Part 7) (bm). Modified on 9/13/2019 (bm). |
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Filing 50
MINUTE ORDER IN CHAMBERS The Court DISMISSES Defendants Cal-Western Reconveyance Corp., Clear Recon Corp., and Aldridge Pite, LLP by Judge Philip S. Gutierrez: As Plaintiff has failed to file proper proofs of service for Defendants Cal-Western, Clear Recon, and Aldridge Pite, those Defendants are DISMISSED without prejudice. (see document for further details) (bm)
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| Filing 49 NOTICE of Interested Parties filed by Defendant U.S. Bank National Association, (Dailey, Steven) |
| Filing 48 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #47 filed by Defendant U.S. Bank National Association. (Attachments: #1 Exhibit A through V, #2 Exhibit W through EE, #3 Exhibit FF through II, #4 Proof of Service)(Dailey, Steven) |
| Filing 47 NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof filed by Defendant U.S. Bank National Association. Motion set for hearing on 9/30/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Steven M. Dailey, #2 Exhibit A through C to Declaration of Steven M. Dailey, #3 Proposed Order, #4 Proof of Service) (Dailey, Steven) |
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Filing 46
MINUTE ORDER IN CHAMBERS - REOPENING/CLOSING by Judge Philip S. Gutierrez: Case previously closed in error. Make JS-5. (Case reopened. MD JS-5.) (bm)
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| Filing 45 PROOF OF SERVICE AS PER ORDER OF THE HONORABLE PHILIP GUTIERREZ,UNITED STATES DISTRICT COURT JUDGE Executed by Plaintiff John K. Reed, upon Defendant Aldridge Pite, LLP; Cal-Western Reconveyance Corp.; Clear Recon Copr.; Mortgage Electronic Registration Systems, Inc.; New York Community Bank; Ohio Savings Bank; Select Portfolio Servicing; U.S. Bank National Association served on 7/22/2019, answer due 8/12/2019 in compliance with statute not specified by substituted service by mail. Original Summons NOT returned.(bm) |
| Filing 44 PROOF OF SERVICE AS PER ORDER OF THE HONORABLE PHILIP GUTIERREZ,UNITED STATES DISTRICT COURT JUDGE Executed by Plaintiff John K. Reed, upon Defendant Aldridge Pite, LLP; Cal-Western Reconveyance Corp.; Clear Recon Copr.; Mortgage Electronic Registration Systems, Inc.; New York Community Bank; Ohio Savings Bank; Select Portfolio Servicing; U.S. Bank National Association served on 7/22/2019, answer due 8/12/2019 in compliance with statute not specified by substituted service by mail. Original Summons NOT returned. (bm) |
| Filing 43 PROOF OF SERVICE AS PER ORDER OF THE HONORABLE PHILIP GUTIERREZ,UNITED STATES DISTRICT COURT JUDGE Executed by Plaintiff John K. Reed, upon Defendant Aldridge Pite, LLP; Cal-Western Reconveyance Corp.; Clear Recon Copr.; Mortgage Electronic Registration Systems, Inc.; New York Community Bank; Ohio Savings Bank; Select Portfolio Servicing; U.S. Bank National Association served on 7/22/2019, answer due 8/12/2019 in compliance with statute not specified by substituted service by mail. Original Summons NOT returned. (bm) |
| Filing 42 PROOF OF SERVICE AS PER ORDER OF THE HONORABLE PHILIP GUTIERREZ, UNITED STATES DISTRICT COURT JUDGE Executed by Plaintiff John K. Reed, upon Defendant Aldridge Pite, LLP; Cal-Western Reconveyance Corp.; Clear Recon Copr.; Mortgage Electronic Registration Systems, Inc.; New York Community Bank; Ohio Savings Bank; Select Portfolio Servicing; U.S. Bank National Association served on 7/22/2019, answer due 8/12/2019 in compliance with statute not specified by substituted service by mail. Original Summons NOT returned. (bm) |
| Filing 41 PROOF OF SERVICE AS PER ORDER OF THE HONORABLE PHILIP GUTIERREZ, UNITED STATES DISTRICT JUDGE Executed by Plaintiff John K. Reed, upon Defendant Aldridge Pite, LLP; Cal-Western Reconveyance Corp.; Clear Recon Copr.; Mortgage Electronic Registration Systems, Inc.; New York Community Bank; Ohio Savings Bank; Select Portfolio Servicing; U.S. Bank National Association served on 7/22/2019, answer due 8/12/2019 in compliance with statute not specified by substituted service by mail. Original Summons NOT returned. (bm) Modified on 7/29/2019 (bm). |
| Filing 40 PROOF OF SERVICE AS PER ORDER OF THE HONORABLE PHILIP GUTIERREZ, UNITED STATES DISTRICT JUDGE Executed by Plaintiff John K. Reed, upon Defendant Aldridge Pite, LLP; Cal-Western Reconveyance Corp.; Clear Recon Copr.; Mortgage Electronic Registration Systems, Inc.; New York Community Bank; Ohio Savings Bank; Select Portfolio Servicing; U.S. Bank National Association served on 7/22/2019, answer due 8/12/2019 in compliance with statute not specified by substituted service by mail. Original Summons NOT returned. (bm) Modified on 7/29/2019 (bm). |
| Filing 39 JUDGMENT OF DISMISSAL #30 by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is dismissed, with prejudice, as to Moving Defendants, and each of them, and that a Judgment of Dismissal be entered in favor of Moving Defendants and against Plaintiff. Plaintiff is awarded nothing in this action against Moving Defendants, or any of them. (MD JS-6, Case Terminated). (lom) |
| Filing 38 NOTICE OF LODGING filed Re Proposed Judgment of Dismissal re Order on Motion to Dismiss Case,,, Order on Motion for Order,,,,, #30 (Attachments: #1 Proposed Judgment, #2 Proof of Service)(Dailey, Steven) |
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Filing 37
ORDER by Judge Philip S. Gutierrez, re NOTICE OF RELEASE OF FINANCIAL OBLIGATION UNDER DEED OF TRUST #33 : DENIED. (bm)
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| Filing 33 NOTICE OF RELEASE OF FINANCIAL OBLIGATION UNDER DEED OF TRUST filed by plaintiff John K. Reed. (Attachments: #1 Proposed Order)(bm) |
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Filing 32
NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Motion to Enter California Civil Code of Procedure, etc. submitted by Plaintiff John K. Reed received on 7/2/19 is not to be filed but instead rejected. Denial based on: Local Rule 6-1: Written notice of motion lacking or timeliness of notice incorrect. (bm)
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Filing 31
MINUTE ORDER IN CHAMBERS re OSC re: proof of service by Judge Philip S. Gutierrez: Therefore, the Court ORDERS Plaintiff to file a proof of service of Defendants Cal-Western, AP, Clear Recon, and U.S. Bank no later than July 22, 2019. Failure to file a proof of service by this date will result in his claims against these Defendants being dismissed without prejudice. (see document for further details) (bm)
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| Filing 30 MINUTES (IN CHAMBERS) The Court GRANTS Defendants' motion to dismiss by Judge Philip S. Gutierrez granting #11 REQUEST to Dismiss Case; finding as moot #17 REQUEST for Order; finding as moot #25 REQUEST: Having considered the moving papers, the Court GRANTS Defendants' motion to dismiss. Plaintiff's Request for Mandatory ADR Conference, see Dkt. no. 17, and Plaintiff's Request to Present Testimony by Attorney Dennis Geselowitz, see Dkt. no. 25, are RENDERED MOOT. (see document for further details) (bm) |
| Filing 29 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: DEFENDANTS' MOTION TO DISMISS #11 and DEFENDANTS' AMENDED MOTION TO DISMISS #19 set for hearing on 07/08/19 are taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 28 "These are the Issues to be Covered on 7/8/2019 at 1:30 PM in Courtroom 6A of the Honorable Philip S. Gutierrez..." re #11 filed by Plaintiff John K. Reed. (gk) |
| Filing 27 OPPOSITION to REQUEST for Order #25 filed by Defendants Mortgage Electronic Registration Systems, Inc., New York Community Bank, Ohio Savings Bank, Select Portfolio Servicing. (Attachments: #1 Proof of Service)(Dailey, Steven) |
| Filing 26 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #11 Proof of Service filed by Defendants Mortgage Electronic Registration Systems, Inc., New York Community Bank, Ohio Savings Bank, Select Portfolio Servicing. (Attachments: #1 Proof of Service)(Dailey, Steven) |
| Filing 25 REQUEST For Testimony By Attorney Dennis Geselowitiz Regarding Twenty Day, Ten Day And Three Day Offers Of Tender To All Herein Named Defendants Plus Six Weeks Publication filed by plaintiff John K. Reed. (Attachments: #1 Proposed Order) (bm) |
| Filing 24 OPPOSITION TO DEFENDANT'S 12(b)(6) MOTION TO DISMISS PLAINTIFF'S COMPLAINT #11 filed by Plaintiff John K. Reed. (bm) |
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Filing 23
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Michael R. Wilner. ORDERING Request, Proposed Order submitted by Plaintiff John K. Reed received on May 24, 2019 is not to be filed but instead rejected. Denial based on: Plaintiff submitted discovery materials. Judicial review required. Failure to comply with Local Rules from noticing motions. (vm) (Main Document 23 replaced on 6/3/2019) (vm).
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Filing 22
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Michael R. Wilner. ORDERING Discovery materials for consideration submitted by Plaintiff John K. Reed received on May 20, 2019 is not to be filed but instead rejected. Denial based on: Unintelligible submission. Failure to comply with Local Rules for noticing motions. (vm)
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| Filing 21 NOTICE of Interested Parties filed by Defendants Mortgage Electronic Registration Systems, Inc., New York Community Bank, Ohio Savings Bank, Select Portfolio Servicing, U.S. Bank National Association, (Attachments: #1 Proof of Service)(Dailey, Steven) |
| Filing 20 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #11 [Amended] filed by Defendants Mortgage Electronic Registration Systems, Inc., New York Community Bank, Ohio Savings Bank, Select Portfolio Servicing, U.S. Bank National Association. (Attachments: #1 Exhibit A - V, #2 Exhibit W - EE, #3 Exhibit FF - II, #4 Proof of Service)(Dailey, Steven) |
| Filing 19 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #11 filed by Defendants Mortgage Electronic Registration Systems, Inc., New York Community Bank, Ohio Savings Bank, Select Portfolio Servicing, U.S. Bank National Association. (Attachments: #1 Declaration of Steven M. Dailey, #2 Proposed Order, #3 Proof of Service)(Attorney Steven M Dailey added to party New York Community Bank(pty:dft), Attorney Steven M Dailey added to party Ohio Savings Bank(pty:dft), Attorney Steven M Dailey added to party U.S. Bank National Association(pty:dft))(Dailey, Steven) |
| Filing 18 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: On the Court's own motion, the Defendants' motion to dismiss #11 is reset to 07/08/19 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
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Filing 16
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Filing 15
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:16-cv-01965 PSG(MRWx). Case transferred from Judge Dale S. Fischer and Magistrate Judge Alka Sagar to Judge Philip S. Gutierrez and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-03019 PSG(MRWx). Signed by Judge Philip S. Gutierrez (rn)
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| Filing 17 REQUEST for Order for MANDATORY ALTERNATIVE DISPUTE RESOLUTION CONFERENCE FOR FAIL BY ALL DEFENDANTS TO TIMELY RESPOND TO PLAINTIFF'S 21 DAY, 10 DAY AND 3 DAY OFFER OF TENDER filed by Plaintiff John K. Reed. (Attachments: #1 [Prop] Order) (lom) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof #11 filed by Defendants Mortgage Electronic Registration Systems, Inc., Select Portfolio Servicing. (Attachments: #1 Exhibit A - V, #2 Exhibit W - EE, #3 Exhibit FF - II, #4 Proof of Service)(Dailey, Steven) |
| Filing 13 NOTICE of Interested Parties filed by Defendants Mortgage Electronic Registration Systems, Inc., Select Portfolio Servicing, (Attachments: #1 Proof of Service)(Dailey, Steven) |
| Filing 12 NOTICE of Related Case(s) filed by Defendants Mortgage Electronic Registration Systems, Inc., Select Portfolio Servicing. Related Case(s): 16CV00419; 16CV03313; 17CV6637; 18CV9771 (Attachments: #1 Proof of Service)(Dailey, Steven) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities in Support Thereof filed by Defendants Mortgage Electronic Registration Systems, Inc., Select Portfolio Servicing. Motion set for hearing on 6/17/2019 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Steven M. Dailey, #2 Proposed Order, #3 Proof of Service) (Attorney Steven M Dailey added to party Mortgage Electronic Registration Systems, Inc.(pty:dft), Attorney Steven M Dailey added to party Select Portfolio Servicing(pty:dft)) (Dailey, Steven) |
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Filing 10
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pg)
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Dale S. Fischer for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-03019 DSF(ASx). (rn)
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Filing 8
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to the calendar of Judge Ronald S.W. Lew for all further proceedings. Case number now reads as 2:19-cv-03019 RSWL(ASx). (rn)
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (lh) |
| Filing 5 REQUEST FOR JUDICIAL NOTICE, filed by Plaintiff John K. Reed. (Attachments: #1 Proposed Order)(lh) |
| Filing 4 DECLARATION of Plaintiff John K. Reed Under Penalty of Perjury Regarding Plaintiff's Loan History, filed by Plaintiff John K. Reed. (lh) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff John K. Reed, (lh) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants Aldridge Pite, LLP, Cal-Western Reconveyance Corp., Clear Recon Copr., Mortgage Electronic Registration Systems, Inc., Ohio Savings Bank, Select Portfolio Servicing, U.S. Bank National Association. (lh) |
| Filing 1 COMPLAINT against Defendants Aldridge Pite, LLP, Cal-Western Reconveyance Corp., Clear Recon Copr., Mortgage Electronic Registration Systems, Inc., New York Community Bank, Ohio Savings Bank, Select Portfolio Servicing, U.S. Bank National Association, Does 1-10. Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Alka Sagar. (Filing Fee $ 400 Paid) Jury Demanded, filed by Plaintiff John K. Reed. (Attachments: #1 Civil Cover Sheet) (lh) |
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