Michael Lebow v. Bank of America N.A. et al
| Michael Lebow |
| Bank of America N.A. and Does 1-10, inclusive |
| 2:2021cv06979 |
| August 30, 2021 |
| US District Court for the Central District of California |
| Maria A Audero |
| Pedro V Castillo |
| John F Walter |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 33 DECLARATION of Whitney D. Ackerman Re: COMPLAINCE WITH LOCAL RULE 7-3 CONFERENCE filed by Plaintiff Michael Lebow. (Ackerman, Whitney) |
| Filing 32 DECLARATION of Salwa Kamal re: Compliance with Local Rule 7-3 Conference re Bank of America, N.A.s intended motion to dismiss filed by Defendant Bank of America N.A.. (Kamal, Salwa) |
| Filing 31 Text Entry Order: Defendant Bank of America, N.A.s Motion to Dismiss Plaintiff Michael Lebows First Amended Complaint, filed on October 15, 2021 (Docket No. #30 ), is STRICKEN for failure to comply with Local Rule 7-3, which requires the conference of counsel to take place at least seven days prior to the filing of the Motion, and paragraph 5(b) of the Courts Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. In addition, the Court concludes that the parties have failed to conduct a proper Local Rule 7-3 conference based on their failure to meaningfully describe their respective legal positions in the Joint Statement re: Local Rule 7-3 Conference, filed on October 15, 2021 (Docket No. #29 ). Accordingly, the Court orders the parties to conduct an additional conference in person or by video by October 25, 2021. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion remains necessary, counsel shall not file the motion until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 30 *STRICKEN* NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Bank of America N.A.. Motion set for hearing on 11/15/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Kamal, Salwa) Modified on 10/19/2021 (sr). |
| Filing 29 STATEMENT [Joint] re Local Rule 7-3 Conference re Bank of America, N.As intended motion to dismiss first amended complaint filed by Defendant Bank of America N.A. (Kamal, Salwa) |
| Filing 28 Text Entry Order: Defendant Bank of America, N.A.s Motion to Dismiss Plaintiff Michael Lebows First Amended Complaint filed on October 14, 2021 (Docket No. #27 ) is STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 27 *STRICKEN* NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Bank of America N.A.. Motion set for hearing on 11/15/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Kamal, Salwa) Modified on 10/15/2021 (sr). |
| Filing 26 Text Entry Order re: Stipulation to Dismiss Case #25 . Filing is STRICKEN - document filed in wrong action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 25 [*STRICKEN filed in wrong case*] Joint STIPULATION to Dismiss Case pursuant to Settlement filed by Plaintiff Michael Lebow. (Attachments: #1 Proposed Order)(Ackerman, Whitney) Modified on 10/12/2021 (sr). |
| Filing 24 First AMENDED COMPLAINT against Defendant Michael Lebow amending Complaint - (Discovery), filed by Plaintiff Michael Lebow(Ackerman, Whitney) |
Filing 23
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 5/6/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 5/13/2022 at 8:00 AM. Jury Trial set for 5/17/2022 at 8:30 AM. (iv)
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Filing 22
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on October 4, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: December 13, 2021. The Joint Report re: Results of Settlement Conference due on: December 17, 2021. (iv)
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| Filing 21 RESPONSE filed by Defendant Bank of America N.A.to Order to Show Cause, #14 (Kamal, Salwa) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander J Gershen counsel for Defendant Bank of America N.A.. Alexander J. Gershen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Bank of America, N.A.. (Gershen, Alexander) |
| Filing 19 DECLARATION of Deleyla A. Lawrence re Order #8 filed by Defendant Bank of America N.A.. (Lawrence, Deleyla) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Deleyla Assefa Lawrence counsel for Defendant Bank of America N.A.. Adding Deleyla A. Lawrence as counsel of record for Bank of America, N.A. for the reason indicated in the G-123 Notice. Filed by Defendant Bank of America, N.A.. (Attorney Deleyla Assefa Lawrence added to party Bank of America N.A.(pty:dft))(Lawrence, Deleyla) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Bank of America N.A. answer now due 10/6/2021, re Complaint - (Discovery) filed by Defendant Bank of America N.A..(Kamal, Salwa) |
| Filing 16 DECLARATION of Whitney D. Ackerman Esq. re Order to Show Cause, #14 ; [PROPOSED] Order filed by Plaintiff Michael Lebow. (Ackerman, Whitney) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; [PROPOSED] Order ; estimated length of trial 1-3 days, filed by Plaintiff Michael Lebow.. (Ackerman, Whitney) |
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Filing 14
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: STANDING ORDER by Judge John F. Walter. Counsel are ordered to show cause in writing by September 20, 2021 why the Court should not impose sanctions in the amount of $750.00 for violating the Court's Standing Order. (iv)
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| Filing 13 STATEMENT [Joint] re Local Rule 7-3 Conference re Bank of America, N.A.s intended Motion to Dismiss filed by Defendant Bank of America N.A. (Kamal, Salwa) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Bank of America N.A. answer now due 9/20/2021, filed by Defendant Bank of America N.A..(Kamal, Salwa) |
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment for Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Pedro V. Castillo for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-06979-JFW-PVCx. (aco)
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case DECLINED by Judge Fernando L. Aenlle-Rocha, for the reasons set forth on this order. Related Case No. 2:21-cv-04619 FLA(JCx). (aco)
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Filing 9
MINUTE ORDER (IN CHAMBERS): COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for October 4, 2021 at 1:15 p.m. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before September 20, 2021. The title page of the Joint Report must state the date and time of the Scheduling Conference. See minute order for details. (lom)
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Filing 8
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Maria A. Audero. (lh) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant BANK OF AMERICA, N.A.,. Related Case(s): 2:21-cv-04619-FLA-JC (Kamal, Salwa) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant BANK OF AMERICA, N.A.,, identifying Bank of America Corporation. (Kamal, Salwa) |
| Filing 2 CIVIL COVER SHEET filed by Defendant BANK OF AMERICA, N.A.,. (Kamal, Salwa) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, Los Angeles County, case number 21STCV27898 Receipt No: ACACDC-31895354 - Fee: $402, filed by Defendant BANK OF AMERICA, N.A.,. (Attachments: #1 Exhibit A Compliant, #2 Exhibit B Civil Coversheet, #3 Exhibit C Summons, #4 Exhibit D Notice Case Assignment, #5 Exhibit E Order on Court Fee Waiver, #6 Exhibit F Notice of Case Management Conference, #7 Exhibit G Proof of Personal Service) (Attorney Salwa Syeda Kamal added to party BANK OF AMERICA, N.A.,(pty:dft))(Kamal, Salwa) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Bank of America N.A., Does. Jury Demanded, filed by Plaintiff Michael Lebow. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/29/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Michael Lebow, upon Defendant Bank of America N.A. served on 7/30/2021, answer due 8/20/2021. Service of the Summons and Complaint were executed upon Bank of America N.A. in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 8/4/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
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