Clifton Kerr v. Kevin McCarthy et al
| Clifton Kerr |
| Kevin McCarthy doing business as A McCarthy and Holthus, LLP, Quality Loan Services Corporation and The California State Bar Court |
| 2:2021cv09128 |
| November 22, 2021 |
| US District Court for the Central District of California |
| John E McDermott |
| Alka Sagar |
| Stephen V Wilson |
| Otis D Wright |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order Vacating Hearing on MOTION for Preliminary Injunction #10 . The hearing on the MOTION for Preliminary Injunction #10 scheduled for January 24, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. Anorder will issue. (lc) |
Filing 28
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order REMOVING Plaintiff's Motion for Preliminary Injunction from Submission and REINSTATING January 24, 2022 Hearing #10 . Plaintiff retains the right to file a Reply brief by January 17, 2022. For clarity, the Motion to Dismiss filed by Defendants Kevin McCarthy and Quality Loan Services Corporation remains under submission. No opposition brief was filed by the January 10, 2022 deadline, so the Court assumes that briefing on the Motion to Dismiss is complete. (lc)
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| Filing 27 The hearing on the MOTION FOR PRELIM INJUNC #10 ; and the MOTION to Dismiss Complaint #17 , scheduled for January 24, 2022 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 26 Opposition Defendant's Opposition re: APPLICATION for Temporary Restraining Order APPLICATION for Permanent Injunction #10 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Respondents Kevin McCarthy, Quality Loan Services Corporation. (Coutts, Melissa) |
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Filing 25
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order STRIKING Notice of Automatic Stay #23 ; Order SETTING Hearing on Motions for January 24, 2022 at 1:30 p.m. and SETTING Special Briefing Schedule for Motions. Plaintiffs Notice of Automatic Stay is STRICKEN (SEE DOCUMENT FOR SPECIFICS). The Court ORDERS that the hearings on Plaintiffs Motion for Preliminary Injunction #10 , and Defendants' Motion to Dismiss #17 are hereby SET to be heard on January 24, 2022 at 2:30 p.m. Furthermore, the Court SETS a special briefing schedule for both motions. Any prior missed briefing deadlines for these two motions are hereby WAIVED. Opposition briefs for both motions are due January 10, 2022. Reply briefs for both motions are due January 17, 2022. (lc)
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| Filing 24 PROOF OF MAIL SERVICE ON 12/29/2021 OF NOTICE OF AUTOMATIC STAY AND NOTICE OF VIOLATION OF BANKRUPTCY AUTOMATIC STAY PROTECTION #23 filed by plaintiff Clifton Kerr9/21. (lc) |
| Filing 23 NOTICE OF AUTOMATIC STAY AND NOTICE OF VIOLATION OF BANKRUPTCY AUTOMATIC STAY PROTECTION : Wife of Clifton Kerr, Maritza Escoto Kerr, filed Bankruptcy, case number 2:21-bk-18919 -SK filed by Petitioner Clifton Kerr. (lc) |
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Filing 22
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-04762 ODW(JEMx). Case transferred from Magistrate Judge Alka Sagar and Judge Stephen V. Wilson to Judge Otis D. Wright, II and Magistrate Judge John E. McDermott for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-09128 ODW(JEMx). Signed by Judge Otis D. Wright, II (rn)
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| Filing 21 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Kevin McCarthy, Quality Loan Services Corporation, (Coutts, Melissa) |
| Filing 20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Rule 8 and Rule 12(b)(6) #17 by Clerk of Court. Counsel are directed to file their Notice of Interested Parties within 7 days of today's date. (mrgo) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Rule 8 and Rule 12(b)(6) #17 . 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. (mrgo) |
| Filing 18 NOTICE of Related Case(s) filed by Defendants Kevin McCarthy, Quality Loan Services Corporation. Notice of Related Case(s): 2:21-cv-04762 (Coutts, Melissa) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Rule 8 and Rule 12(b)(6) filed by Defendants Kevin McCarthy, Quality Loan Services Corporation. Motion set for hearing on 1/24/2022 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Dismiss Complaint Pursuant to Rule 8 and Rule 12(b)(6), #2 Request for Judicial Notice in Support of Motion to Dismiss Complaint Pursuant to Rule 8 and rule 12(b)(6), #3 Proof of Service) (Attorney Melissa Robbins Coutts added to party Kevin McCarthy(pty:res), Attorney Melissa Robbins Coutts added to party Quality Loan Services Corporation(pty:res)) (Coutts, Melissa) |
| Filing 16 PROOF OF SERVICE filed by petitioner Clifton Kerr, Notice of Rule 41. Dismissal of Actions served on 12/6/2021. (mrgo) |
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Filing 15
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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Filing 14
MINUTES (IN CHAMBERS): ORDER DENYING PLAINTIFF'S REQUEST FOR A TEMPORARY RESTRAINING ORDER #10 by Judge Stephen V. Wilson: denying #10 REQUEST for TRO. Plaintiff's request for preliminary injunction will be heard Monday January 10, 2022 at 1:30 p.m. (See minute order for details) (mrgo)
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| Filing 13 PROOF OF SERVICE Executed by Plaintiff Clifton Kerr, upon Defendant Kevin McCarthy served on 11/23/2021, answer due 12/14/2021. Service of the Summons and Complaint were executed upon Melissa Coutts, Partner, authorized to accept in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (mrgo) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Clifton Kerr, upon Defendant Quality Loan Services Corporation served on 11/23/2021, answer due 12/14/2021. Service of the Summons and Complaint were executed upon Bounlet Louvan, Agent for Service in compliance with statute not specified by personal service. Original Summons NOT returned. (mrgo) |
| Filing 11 NOTICE OF FILING filed by petitioner Clifton Kerr. (mrgo) |
| Filing 10 JUDICIAL TEMPORARY RESTRAINING ORDER - PERMANENT INJUNCTION AND DEMAND FOR AN EMERGENCY HEARING DUE TO THE PENDING LAWSUIT IN THIS FEDERAL COURT filed by petitioner Clifton Kerr. (mrgo) |
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Filing 9
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 8 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) filed by plaintiff Clifton Kerr. (Attachments: #1 Proposed Order)(mrgo) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Alka Sagar. (et) |
| Filing 4 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) filed by Petitioner Clifton Kerr. (et) |
| Filing 3 NOTICE OF FILING filed by Petitioner Clifton Kerr. (et) |
| Filing 2 21 DAY Summons Issued re Petition (case opening) #1 as to Respondents Kevin McCarthy, Quality Loan Services Corporation, The California State Bar Court. (et) |
| Filing 1 PETITION filed against Kevin McCarthy, Quality Loan Services Corporation, The California State Bar Court 9 Million Dollar Lawsuit for. (Filing fee $ 402 PAID.), filed by Petitioner Clifton Kerr. (et) |
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