Washington Federal Bank v. Mark Garold et al
| Washington Federal Bank |
| Lori Herbst and Mark Garold |
| 2:2020cv00659 |
| January 22, 2020 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Patrick J Walsh |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.
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Filing 37
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 5/11/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 36 Mark Gerold's NOTICE of Interested Parties filed by Defendant Mark Garold, (Stadtler, Joshua) |
| Filing 35 ANSWER to Complaint - (Discovery), #1 with JURY DEMAND and AFFIRMATIVE DEFENSES, COUNTERCLAIM against Washington Federal Bank filed by Defendant Mark Garold.(Stadtler, Joshua) |
| Filing 34 RESPONSE filed by Plaintiff Washington Federal Bankto Order to Show Cause #32 Re Dismissal of Defendant Lori Herbst for Lack of Prosecution (Attachments: #1 Affidavit of James Ramos, #2 Exhibit A&B re Declarations of Diligence)(Allen, Marlene) |
| Filing 33 RESPONSE filed by Plaintiff Washington Federal Bankto Order to Show Cause #31 Re Dismissal of Defendant Mark Garold for Lack of Prosecution (Allen, Marlene) |
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Filing 32
ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution by Judge Dale S. Fischer. Response to Order to Show Cause due by 3/19/2020. (rfi)
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Filing 31
ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution by Judge Dale S. Fischer. Response to Order to Show Cause due by 3/19/2020. (rfi)
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Filing 30
ORDER by Judge Dale S. Fischer GRANTING Request for Approval of Substitution of Attorney Marlene L Allen for Plaintiff Washington Federal Bank in place and stead of Brian Michael Muchinsky, Nafees Uddin #29 . (jp)
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| Filing 29 REQUEST TO SUBSTITUTE ATTORNEY Marlene L. Allen in place of attorney Brian Michael Muchinsky filed by Plaintiff Washington Federal Bank. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Attorney Marlene L Allen added to party Washington Federal Bank(pty:pla)) (Allen, Marlene) |
| Filing 28 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian Michael Muchinsky. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 27 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nafees Uddin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
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Filing 23
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. (pbl)
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| Filing 22 ORIGINAL file, certified copy of transfer order and docket sheet received from Washington Western |
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Filing 21
ORDER granting in part and denying in part Defendant Mark Garold's #8 MOTION to Dismiss. This matter is TRANSFERRED to the Central District of California, Western Division at Los Angeles for all further proceedings. Signed by Judge Ricardo S. Martinez. This case will be transferred by electronic case transfer 14 days following the date of this filing, on 1/21/2020, per LCR 3(i). [Transferred from Washington Western on 1/23/2020.]
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| Filing 20 SURREPLY filed by Defendant Mark Garold re #18 Stipulated MOTION Continuing Hearing, and Allowing Consideration of Nold Declaration and Defendant Gerold's Supplemental Reply Thereto, #8 MOTION to Dismiss [Supplemental Reply in Support of Motion to Dismiss] (Stadtler, Joshua) [Transferred from Washington Western on 1/23/2020.] |
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Filing 19
STIPULATION AND ORDER Continuing Hearing, and Allowing Consideration of Nold Declaration and Defendant Mark Gerold's Supplemental Reply Thereto. The Parties' Stipulation, Dkt. #18 , and Plaintiff's Motion, Dkt. #16 , are GRANTED. Defendant Gerold's Motion to Dismiss, Dkt. #8 , is re-noted for consideration on December 13, 2019. The Court will consider the Nold Declaration, which Plaintiff inadvertently neglected to file along with its Response to Gerold's Motion to Dismiss (Dkt. #15 ). Defendant Gerold will have until December 13, 2019, to file a Supplemental Reply addressing the contents of the Nold Declaration, at which point Defendant Gerold's Motion to Dismiss (Dkt. #8 ) will have been fully briefed by the parties. Signed by Judge Ricardo S. Martinez. (TH) [Transferred from Washington Western on 1/23/2020.]
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| Filing 18 Stipulated MOTION Continuing Hearing, and Allowing Consideration of Nold Declaration and Defendant Gerold's Supplemental Reply Thereto, filed by Plaintiff Washington Federal Bank. Noting Date 11/26/2019, (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 17 DECLARATION of Thomas W. Stone filed by Plaintiff Washington Federal Bank re #16 MOTION to Continue Defendant's Motion to Dismiss and to Allow Consideration of Unintentionally Omitted Nold Declaration (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 16 MOTION to Continue Defendant's Motion to Dismiss and to Allow Consideration of Unintentionally Omitted Nold Declaration, filed by Plaintiff Washington Federal Bank. (Attachments: #1 Proposed Order Granting Motion to Continue and Allow Consideration of Unintentionally Omitted Nold Declaration) Noting Date 12/6/2019, (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 15 DECLARATION of David Nold filed by Plaintiff Washington Federal Bank re #8 MOTION to Dismiss (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 14 REPLY, filed by Defendant Mark Garold, TO RESPONSE to #8 MOTION to Dismiss (Stadtler, Joshua) [Transferred from Washington Western on 1/23/2020.] |
| Filing 13 DECLARATION of Thomas W. Stone filed by Plaintiff Washington Federal Bank re #8 MOTION to Dismiss (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 12 DECLARATION of Justin Monroe filed by Plaintiff Washington Federal Bank re #8 MOTION to Dismiss (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 11 RESPONSE, by Plaintiff Washington Federal Bank, to #8 MOTION to Dismiss . (Attachments: #1 Proposed Order Denying Motion to Dismiss)(Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 10 NOTICE of Appearance by attorney Joshua D Stadtler on behalf of Defendant Mark Garold. (Stadtler, Joshua) [Transferred from Washington Western on 1/23/2020.] |
| Filing 9 DECLARATION of Mark Gerold filed by Defendant Mark Garold re #8 MOTION to Dismiss (Attachments: #1 Exhibit 1)(Stadtler, Joshua) [Transferred from Washington Western on 1/23/2020.] |
| Filing 8 MOTION to Dismiss , filed by Defendant Mark Garold. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 11/22/2019, (Stadtler, Joshua) [Transferred from Washington Western on 1/23/2020.] |
| Filing 7 ACCEPTANCE OF SERVICE of Summons and Complaint by Counsel Joshua D. Stadtler, on behalf of Mark Gerold, on 8/23/2019. (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 6 JOINT STATUS REPORT signed by all parties estimated Trial Days: 4. (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 5 INITIAL DISCLOSURES Filed by Plaintiff Washington Federal Bank.(Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
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Filing 4
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/14/2019, FRCP 26f Conference Deadline is 7/31/2019, Initial Disclosure Deadline is 8/7/2019, by Judge Ricardo S. Martinez. (LW) [Transferred from Washington Western on 1/23/2020.]
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| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Washington Federal, Inc. for Washington Federal Bank. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Washington Federal Bank (Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
| Filing 2 Summonses Electronically Issued as to defendants Mark Garold and Lori Herbst. (Attachments: #1 Summons)(GT) [Transferred from Washington Western on 1/23/2020.] |
| Judge Ricardo S. Martinez added. (GT) [Transferred from Washington Western on 1/23/2020.] |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Washington Federal Bank must file a Corporate Disclosure Statement by 7/5/2019. (GT) [Transferred from Washington Western on 1/23/2020.] |
| Filing 1 COMPLAINT against All Defendants (Receipt # 0981-5823116) Attorney Brian Michael Muchinsky added to party Washington Federal Bank(pty:pla), filed by Washington Federal Bank. (Attachments: #1 Civil Cover Sheet, #2 Summons Mark Garold, #3 Summons Lori Herbst)(Muchinsky, Brian) [Transferred from Washington Western on 1/23/2020.] |
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