Ben Zakarya v. Wells Fargo Bank, N.A. et al
| Ben Zakarya |
| Wells Fargo Bank, N.A. and Does 1-10 inclusive |
| 2:2023cv08699 |
| October 16, 2023 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| Alicia G Rosenberg |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Notice of Removal - Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 14
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge Sherilyn Peace Garnett: On 10/23/2023, Defendant filed a motion to dismiss Plaintiffs complaint. (ECF No. #10 ). Defendant represents that it complied with the Local Rule 7-3 requirement to meet and confer because it sent an email to Plaintiff with its bases for its motion and an "offer" to discuss, but that they did not discuss on the phone. (ECF No. 10-1 at 3). On November 21, 2023, Plaintiff filed a First Amended Complaint (FAC). (ECF No. #11 ). The FAC lacks a signature required under Local Rule 11-1. Furthermore, because the FAC was filed more than 21 days after Defendants 12(b)(6) motion, under Federal Rule of Civil Procedure 15, Plaintiff needed to either seek leave of court or seek a stipulation with Defendant to file an amended pleading prior to filing the FAC. See Fed. R. Civ. P. 15(a)(2). Accordingly, the Court orders as follows: The Court STRIKES Defendant's motion to dismiss (ECF No. #10 ) for a failure to meet and confer pursuant to L.R. 7-3 and in accordance with this Court's Standing Order for Newly Assigned Civil Cases; and STRIKES Plaintiff's FAC as untimely per Fed. R. Civ. P. 15. (ECF No. #11 ). Within fourteen (14) calendar days of this Order, Plaintiff may file, after meeting and conferring, either a stipulation agreeing to an amended pleading, or a motion for leave to amend the complaint. In the future both parties are advised to comply with the Federal Rules of Civil Procedure, the Local Rules, and this Courts standing orders. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 15 FIRST AMENDED COMPLAINT amending Notice of Removal (Attorney Civil Case Opening), #1 ; JURY DEMAND, filed by Plaintiff Ben Zakarya. (iv) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Amended Complaint #11 by Judge Sherilyn Peace Garnett. As indicated by the Notice to Filer of Deficiencies filed at Dkt. No. 12, First Amended Complaint lacks signature. The plaintiff shall make the necessary corrections by December 1, 2023. (iv) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Amended Complaint #11 . The following error(s) was/were found: Document lacks required signature. 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. (iv) |
| Filing 11 (DOCUMENT STRICKEN PER ORDER AT DOCKET ENTRY 14) - FIRST AMENDED COMPLAINT amending Notice of Removal (Attorney Civil Case Opening), #1 , filed by Plaintiff Ben Zakarya. (iv) Modified on 12/1/2023 (jre). |
| Filing 10 (DOCUMENT STRICKEN PER ORDER AT DOCKET ENTRY 14) - NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 12/13/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Declaration of Katherine Figueroa, #2 Proposed Order) (Figueroa, Katherine) Modified on 12/1/2023 (jre). |
| Filing 9 CERTIFICATE OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Initial Order upon Filing of Complaint - form only #7 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #6 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 , Notice of Assignment to United States Judges(CV-18) - optional html form #4 served on October 18, 2023. (Figueroa, Katherine) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 served on October 16, 2023. (Figueroa, Katherine) |
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Alicia G. Rosenberg. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Wells Fargo Bank, N.A., filed by Plaintiff Ben Zakarya. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 9/06/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, N.A., (Figueroa, Katherine) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Wells Fargo Bank, N.A.. (Figueroa, Katherine) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23VECV03909 Receipt No: ACACDC-36228296 - Fee: $402, filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit "A") (Attorney Katherine Figueroa added to party Wells Fargo Bank, N.A.(pty:dft))(Figueroa, Katherine) |
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