Corey Sells v. Vijay Fadia et al
| Corey Sells |
| David Carranza, Michaelangelo Vertiz, SBS Trust Deed Network, Maryam Hassani, Vijay Fadia and Does 1 to 10, inclusive |
| Craig R. Breitman |
| 2:2020cv04175 |
| May 7, 2020 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dale S Fischer |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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Filing 64
ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION (Not Held)before Judge Dale S. Fischer: The Court orders the case dismissed for failure to prosecute and comply with Court orders. (Made JS-6. Case Terminated.) Court Reporter: Pat Cuneo. (jp)
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Filing 63
ORDER by Judge Dale S. Fischer to Show Cause re Dismissal for Lack of Prosecution and Failure to Comply with Court Orders and Order Vacating Pretrial Conference and Trial Date. Plaintiff is ordered to show cause on 5/2/2022 at 3:00 PM. See Order for specifics. (jp)
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Filing 62
ORDER by Judge Dale S. Fischer GRANTING Request for Approval of Substitution of Attorney Steffanie Danielle Stelnick for Defendant Vijay Fadia in place and stead of attorney Reshma Kamath #61 . (jp)
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| Filing 61 Request for Approval of Substitution or Withdrawal of Counsel (Stelnick, Steffanie) |
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Filing 60
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Dale S. Fischer. The Court hereby orders that Defendant's Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney #57 is stricken for failure to comply with the Local Rules, General Order 10-07 and/or the Courts Case Management Order as indicated: There is no Request for Approval of Substitution or Withdrawal of Counsel (Steffanie Stilnick) filed on behalf of defendant Vijay Fadia. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #57 . The following error(s) was/were found: There is no REQUEST TO SUBSTITUTE ATTORNEY efiled. See court's website for form. 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) |
| Filing 58 MEDIATION REPORT Filed by Mediator (ADR Panel) Craig R. Breitman: Mediation held on 02.03.2022. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Breitman, Craig) |
| Filing 57 [STRICKEN REFER TO DOCUMENT NUMBER 60](Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney filed by Defendant Vijay Fadia (Stelnick, Steffanie) Modified on 2/6/2022 (vv). |
| Filing 56 NOTICE OF MEDIATION DATE filed. Mediation set for 02.03.2022-Second Amended.(Breitman, Craig) |
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Filing 55
ORDER by Judge Dale S. Fische GRANTING Request for Approval of Substitution of Attorney Reshma Kamath for Defendant defendant SBS Trust Deed Network in place and stead of Michael Wallin #53 . (jp)
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Filing 54
ORDER by Judge Dale S. Fische GRANTING Request for Approval of Substitution of Attorney Reshma Kamath for Defendant Vijay Fadia in place and stead of Michael Wallin #52 . (jp)
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| Filing 53 REQUEST TO SUBSTITUTE ATTORNEY Reshma Kamath in place of attorney Michael Wallin filed by defendant SBS Trust Deed Network. (Attachments: #1 Proposed Order) (Attorney Reshma Kamath added to party SBS Trust Deed Network(pty:dft)) (Kamath, Reshma) |
| Filing 52 First REQUEST TO SUBSTITUTE ATTORNEY Reshma Kamath in place of attorney Michael Wallin Substitution of Attorney Form for Reshma Kamath, and Proposed Order filed by plaintiff Vijay Fadia. (Attachments: #1 Proposed Order PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY FORM.) (Attorney Reshma Kamath added to party Vijay Fadia(pty:dft)) (Kamath, Reshma) |
| Filing 51 NOTICE OF MEDIATION DATE filed. Mediation set for 09.09.2021 (Amended/New Date)Dat.(Breitman, Craig) |
| Filing 50 NOTICE OF MEDIATION DATE filed. Mediation set for 08.26.2021.(Breitman, Craig) |
| Filing 49 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Craig R. Breitman has been assigned to serve as Panel Mediator. (lst) |
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Filing 48
ORDER by Judge Dale S. Fischer GRANTING Request for Approval of Substitution of Attorney Michael Wallin for Defendant SBS Trust Deed Network in place and stead of Martin T McGuinn #47 . (jp)
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| Filing 47 REQUEST TO SUBSTITUTE ATTORNEY Michael Wallin in place of attorney Martin T. McGuinn filed by Defendant SBS Trust Deed Network. (Attachments: #1 Proposed Order, #2 Proof of Service) (McGuinn, Martin) |
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Filing 46
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Dale S. Fischer: granting #45 REQUEST to Substitute Attorney Michael Wallin for Vijay Fadia. (lom)
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| Filing 45 REQUEST to Substitute attorney Michael Wallin filed by defendant Vijay Fadia. (Wallin, Michael) |
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Filing 44
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: The Court strikes docket entry #43 . The application is filled out incorrectly. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 43 **STRICKEN** REQUEST to Substitute attorney Michael Wallin filed by defendant Vijay Fadia. (Attorney Michael Wallin added to party Vijay Fadia(pty:dft)) (Wallin, Michael) Modified on 3/16/2021 (rfi). |
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Filing 41
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dale S. Fischer. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 2/21/22. (rfi)
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Filing 40
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 4/18/2022 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 5/17/2022 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 39 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 42 UNITARY RULE 26(f) STATUS REPORT (DEFENDANT FADIA ONLY) filed by Defendant Vijay Fadia. (jp) |
| Filing 38 JOINT REPORT of SCHEDULING CONFERENCE filed by Defendant SBS Trust Deed Network. (Attachments: #1 Schedule of Trial and Pre-trial Dates, #2 Proof of Service)(McGuinn, Martin) |
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Filing 36
ORDER by Judge Dale S. Fischer GRANTING Request for Approval of Substitution of Attorney Martin T McGuinn for Defendant SBS Trust Deed Network in place and stead of Attorneys Edward Thomas Weber and Kristi M Wells #34 . (jp)
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| Filing 37 DECLARATION of VIJAY FADIA filed by Defendant Vijay Fadia. (jp) |
| Filing 35 CERTIFICATE OF SERVICE filed by Defendant SBS Trust Deed Network, re REQUEST TO SUBSTITUTE ATTORNEY Martin T. McGuinn in place of attorney Edward T. Weber #34 served on February 18, 2021. (McGuinn, Martin) |
| Filing 34 REQUEST TO SUBSTITUTE ATTORNEY Martin T. McGuinn in place of attorney Edward T. Weber filed by Defendant SBS Trust Deed Network. (Attachments: #1 Proposed Order) (Attorney Martin T McGuinn added to party SBS Trust Deed Network(pty:dft)) (McGuinn, Martin) |
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Filing 33
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Dale S. Fischer: granting #32 Request to Substitute Vijay Fadia in Pro Se instead of Attorneys Edward Thomas Weber and Kristi M Wells. (lom)
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| Filing 32 REQUEST TO SUBSTITUTE ATTORNEY Vijay Fadia in place of attorney Edward T. Weber filed by Defendant Vijay Fadia. (Attachments: #1 Proposed Order) (Weber, Edward) |
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Filing 31
ORDER by Judge Dale S. Fischer Imposing Sanctions and Advising of Potential Additional Sanctions Including Dismissal. See Order for specifics. (jp)
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Filing 30
Order to Show Cause re Sanctions by Judge Dale S. Fischer. See order for specifics. (lom)
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Filing 29
Order re Joint Report by Judge Dale S. Fischer. See order for specifics. (lom)
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| Filing 28 DECLARATION of Edward Thomas Weber re Text Only Scheduling Notice,,,,,,,,,,, 24 filed by Defendants Vijay Fadia, SBS Trust Deed Network. (Weber, Edward) |
| Filing 27 DECLARATION of Edward T. Weber re Declaration #25 , Text Only Scheduling Notice,,,,,,,,,,, 24 (Supplemental Declaration) filed by Defendants Vijay Fadia, SBS Trust Deed Network. (Weber, Edward) |
| Filing 25 DECLARATION of Edward T. Weber re Text Only Scheduling Notice,,,,,,,,,,, 24 filed by Defendants Vijay Fadia, SBS Trust Deed Network. (Weber, Edward) |
| Filing 26 DECLARATION of COREY SELLS in Response to this Court's Order to Show Cause, Dated October 15, 2020 24 filed by Plaintiff Corey Sells. (jp) |
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Filing 24
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state that persons name (only if the person is an attorney) and the person's position (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the "weeks before trial" column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this court's rules and orders, including the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 23 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendants Vijay Fadia, SBS Trust Deed Network #22 . The Clerk cannot enter the requested relief as: Answer on file dated 10/9/2020 (Dkt. #21 ). (jp) |
| Filing 21 ANSWER to Complaint - (Discovery), #1 filed by Defendants Vijay Fadia, SBS Trust Deed Network.(Weber, Edward) |
| Filing 22 REQUEST for Entry of Default against defendants Vijay Fadia, SBS Trust Deed Network filed by plaintiff Corey Sells. (jp) |
| Filing 20 NOTICE of Interested Parties filed by Defendant Vijay Fadia, SBS Trust Deed Network, identifying Corey Sells, Vijay Fadia, SBS Trust Deed Network. (Weber, Edward) |
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Filing 19
Order DENYING Defendants' Motion to Dismiss (Dkt. #11 ) by Judge Dale S. Fischer. See order for specifics. (lom)
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Filing 18
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 10/19/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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Filing 17
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: The Court previously ordered Defendants Vijay Fadia and SBS Trust Deed Network to file a Notice of Interested Parties by August 20. [Dkt. 16 ] They have not done so. Failure to file the Notice by September 8, 2020 will result in sanctions in the amount of $150. Further failures to comply with this Court's rules and order will result in escalating sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 08/26/2020)
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Filing 16
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: The Court strikes its Order at dkt. #13 . Defendants Vijay Fadia and SBS Trust Deed Network have until August 20, 2020 to file a reply in support of their motion to dismiss [Dkt. #11 ]. Defendants Vijay Fadia and SBS Trust Deed Network are further ordered to file a Notice of Interested Parties by that date. The motion will be under submission as of September 3, 2020 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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Filing 13
** STRICKEN**ORDER by Judge Dale S. Fischer GRANTING Defendants' Motion to Dismiss (Dkt #11 ). An amended complaint must be filed no later than 8/31/2020. See Order for specifics. (jp) Modified on 8/13/2020 (rfi).
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| Filing 15 PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Corey Sells, upon Defendant SBS Trust Deed Network served on 6/4/2020, answer due 6/25/2020. Service of the Summons and Complaint were executed upon Mitch Willet, agent for service via Vicky, secretary for SBS Trust Deed Network, a California Corporation on 6/24/2020 in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (et) |
| Filing 14 MEMORANDUM OF POINTS AND AUTHORITES IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #11 filed by Plaintiff Corey Sells. (et) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #11 . 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. (et) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Vijay Fadia, SBS Trust Deed Network. Motion set for hearing on 8/17/2020 at 01:30 PM before Judge Dale S. Fischer. (Attorney Edward Thomas Weber added to party Vijay Fadia(pty:dft), Attorney Edward Thomas Weber added to party SBS Trust Deed Network(pty:dft)) (Weber, Edward) Modified on 8/13/2020 (rfi). |
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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. (rfi)
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| Filing 9 21 DAY Summons Issued re Complaint #1 as to Defendant SBS Trust Deed Network. (hr) |
| Filing 8 21 DAY Summons Issued re Complaint #1 as to Defendant Vijay Fadia. (hr) |
| Filing 7 21 DAY Summons Issued re Complaint #1 as to Defendants David Carranza, Maryam Hassani, Michaelangelo Vertiz. (hr) |
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Filing 6
ORDER by Magistrate Judge Pedro V. Castillo: granting #2 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). (hr)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Pedro V. Castillo. (car) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Corey Sells (car) |
| Filing 2 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Corey Sells. (car) |
| Filing 1 COMPLAINT against Defendants David Carranza, Does 1 to 10, inclusive, Vijay Fadia, Maryam Hassani, SBS Trust Deed Network, Michaelangelo Vertiz. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Pedro V. Castillo. Jury Demanded, filed by Plaintiff Corey Sells. (Attachments: #1 Civil Cover Sheet) (car) (Additional attachment(s) added on 5/8/2020: #2 Summons, #4 Summons 1, #5 Summons 2) (car). |
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