John Akrabian et al v. West Coast Servicing, Inc. et al
| Marine Akrabian and John Akrabian |
| Mr. Cooper, Nationstar Mortgage, LLC, Bank of America, N.A., West Coast Servicing, Inc., Countrywide Home Loans Inc. and Veripro Solutions |
| 2:2020cv11223 |
| December 8, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jacqueline Chooljian |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 |
| None |
Docket Report
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.
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Filing 16
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #14 PETITION to Amend/Correct NOTICE OF MOTION AND MOTION to #14 . The Court therefore dismisses Petitioners' 2nd Amended Petition for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. See 28 U.S.C. 1653; Trentacosta v. Frontier Pacific Aircraft Industries, Inc., 813 F.2d 1553, 1555 (9th Cir. 1987). Therefore, the Court grants Petitioners leave to file a Third Amended Petition to Confirm Arbitration Award to establish federal subject matter jurisdiction. Petitioners' Third Amended Petition to Confirm Arbitration Award, if any, is to be filed by February 22, 2021. (SEE DOCUMENT FOR DETAILS) (mrgo)
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Filing 15
SELF-REPRESENTATION ORDER by Judge Percy Anderson. (See document for details) (mrgo)
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| Filing 14 AMENDED MOTION TO CONFIRM ARBITRATION AWARD filed by petitioners John Akrabian, Marine Akrabian. (Attachments: #1 Proposed Order) (mrgo) |
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Filing 13
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #12 MOTION for Reconsideration. For all of the foregoing reasons, the Court denies Petitioners' Motion for Reconsideration. The Court will not consider any future Motions for Reconsideration seeking review of this Order, or the Court's December 11, 2020, and December 30, 2020 Orders. Nor will the Court consider any future Motions or Ex Parte Applications that do not satisfy the requirements of the Local Rules and applicable Federal Rules of Civil Procedure. Any such non-compliant Motions or Ex Parte Applications will be summarily denied or rejected. Petitioners' Second Amended Petition to Confirm Arbitration Award, if any, is to be filed by February 1, 2021. The failure to file a Second Amended Petition to Confirm Arbitration Award by that date or to adequately allege the Court's jurisdiction may result in the dismissal of this action without prejudice. (See document for details) (mrgo)
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| Filing 12 MOTION TO RECONSIDER ARBITRATION AWARD EX PARTE BASED ON COURT'S ERROR #11 filed by Petitioners John Akrabian, Marine Akrabian. (lom) |
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Filing 11
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson: On December 11, 2020, the Court entered an order denying the Motion to Confirm Arbitration Award and Motion for Emergency Preliminary Injunctive Relief filed by petitioners John and Marine Akrabian ("Petitioners"). On December 23, 2020, Petitioners filed an "Amended Motion to Confirm Arbitration Award Ex Parte" (Docket No. 8), a document titled "Objection to the Minute Order" (Docket No. 9), and a Notice of Errata (Docket No. 10). For all of the foregoing reasons, the Court denies Petitioners' Motion for Reconsideration. [SEE DOCUMENT FOR DETAILS.] (es)
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| Filing 10 NOTICE OF ERRATA filed by Petitioners John Akrabian, Marine Akrabian correcting Amendment (Motion related) #8 . (mrgo) |
| Filing 9 OBJECTIONS to Minute Order on Motion to Compel Arbitration, Order on Motion for Preliminary Injunction, #5 filed by Petitioners John Akrabian, Marine Akrabian. (mrgo) |
| Filing 8 AMENDED MOTION to Compel Arbitration Award Ex Parte, NOTICE OF MOTION AND MOTION for Preliminary Injunction #1 filed by Petitioners John Akrabian, Marine Akrabian. (mrgo) |
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Filing 7
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (gga)
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Filing 6
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-11223-PA-JCx. (aco)
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Filing 5
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #1 MOTION to Compel Arbitration; #1 MOTION for Preliminary Injunction. For all of the foregoing reasons, the Court concludes that Petitioners have failed to notify Respondents of this Motion or to serve them with the initiating documents, and have failed to satisfy their burden to establish entitlement to injunctive relief they seek. Specifically, Petitioners have not established a likelihood of success on the merits, have not raised serious questions going to the merits, have failed to establish irreparable harm, and the public interest factors do not weigh in favor of the relief they seek. The Court therefore denies Petitioners' Motion. The Court additionally concludes that Petitioners have failed to satisfy the requirements for maintaining this action under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-1180 (9th Cir. 2006) (explaining the "strong presumption" of public access to court documents and the requirements for the party seeking to file documents under seal to provide "compelling reasons"). The Court therefore orders that the documents not be filed under seal, and for the Clerk to lift the seal on this action. (SEE DOCUMENT FOR DETAILS) (mrgo)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Maria A. Audero. (ghap) |
| Filing 2 AFFIDAVIT by affiant: John Akrabian and Marine Akrabian filed by Petitioners John Akrabian, Marine Akrabian (ghap) |
| Filing 1 MOTION TO CONFIRM ARBITRATION AWARD; MOTION FOR EMERGENCY PRELIMINARY INJUNCTIVE RELIEF; SETTLED BY ARBITRATION; AFFIDAVIT OF PETITIONER IN SUPPORT THEREOF; NOTICE AND MEMORANDUM OF LAW BY AFFIDAVIT. John Akrabian, Marine Akrabian. (Attachments: #1 CV-71, #2 Lodged Proposed Order for Preliminary Injuctive Relief, #3 Proposed Confirmation Order) (ghap) |
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