Gary Abrams et al v. BCMB1 Trust et al
| Gary Abrams |
| BCMB1 Trust, Planet Home Lending, LLC, Susan MiKhaela, Planet Home Lending, LLC a privately held mortgage banking firm, and all times herein mentined was a Delaware limited liability company, organized and existed under the laws of the State of California doing business as Los Angeles County, California and DOES 1-50 |
| 2:2024cv01681 |
| February 29, 2024 |
| US District Court for the Central District of California |
| Charles F Eick |
| Michael W Fitzgerald |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal - Fair Credit Reporting Act |
| Defendant |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 JUDGMENT by Judge Michael W. Fitzgerald. IT IS ADJUDGED that the action is dismissed with prejudice as to Defendants BCMB1 Trust and Planet Home Lending, LLC for failure to state a claim and dismissed without prejudice as to Defendant Susan Mikhaela for failure to prosecute. (MD JS-6, Case Terminated). (iv) |
Filing 18
MINUTE (IN CHAMBERS) ORDER DISMISSING ACTION by Judge Michael W. Fitzgerald. This action is DISMISSED as to all Defendants. A separate judgment shall issue. (iv)
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| Filing 17 MOTION TO DISMISS LACK OF SUBJECT MATTER JURISDICTION NOTICE AND MOTION REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Gary Abrams. (iv) |
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Filing 16
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND TO DESIGNATE PLAINTIFF A VEXATIOUS LITIGANT #12 ; ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Motion is GRANTED in part and DENIED in part as follows: With respect to Corporate Defendants' request to dismiss this action, the Motion is GRANTED without leave to amend on claim preclusion grounds. Accordingly, this action is DISMISSED as to BCMB1 Trust and Planet Home Lending, LLC. As to Corporate Defendants' request to designate Plaintiff as vexatious, the Motion is DENIED. Further, Plaintiff is ORDERED to show cause in writing, no later than April 15, 2024, why this action should not be dismissed for failure to state a claim against Defendant Susan Mikhaela, the sole remaining Defendant in this action. Failure to respond by the deadline will result in dismissal of the remaining Defendant and judgment will be entered accordingly. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 15
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT AND MOTION TO DESIGNATE PLAINTIFF AS VEXATIOUS LITIGANT SUBJECT TO PREFILING REQUIREMENT #12 suitable for submission on the papers without oral argument. Accordingly, the hearing set on this motion for April 8, 2024 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 14 CERTIFICATE OF SERVICE filed by Defendants BCMB1 Trust, Planet Home Lending, LLC, re Request for Judicial Notice, #13 , NOTICE OF MOTION AND MOTION to Dismiss Case and Designate Plaintiff as Vexatious Litigant #12 served on March 7, 2024. (Witcher, Rachel) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and Designate Plaintiff as Vexatious Litigant #12 filed by Defendants BCMB1 Trust, Planet Home Lending, LLC. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5)(Witcher, Rachel) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case and Designate Plaintiff as Vexatious Litigant filed by Defendants BCMB1 Trust, Planet Home Lending, LLC. Motion set for hearing on 4/8/2024 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Witcher, Rachel) |
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Filing 11
SELF-REPRESENTATION ORDER by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv)
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Filing 10
ORDER by Judge Michael W. Fitzgerald. On 3/5/2024, Plaintiff filed an Objection Federal Rule 12(h)(3) to Defendants' Notice and Motion of Removal Under 28 U.S.C. 1331 #9 (the "Objection"). The Objection is STRICKEN. Although the Objection includes Plaintiff's "Motion to Dismiss Defendants Notice of Removal for Lack of Subject Matter Jurisdiction" (p. 4), the Court does not construe this as a motion. To the extent that Plaintiff intends to move for remand, a timely, properly noticed motion, including compliance with the Local Rules, must be filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 9 ** STRICKEN per ORDER 10 ** PLAINTIFF'S OBJECTION FEDERAL RULE 12(h)(3) TO DEFENDANTS' NOTICE AND MOTION OF REMOVAL UNDER 28 U.S.C. 1331 filed by Plaintiff Gary Abrams. (iv) Modified on 3/7/2024 (smom). Modified on 3/7/2024 (smom). |
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Filing 8
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:21-cv-02906 MWF(Ex). Case transferred from Judge Consuelo B. Marshall and Magistrate Judge Alka Sagar to Judge Michael W. Fitzgerald and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-01681 MWF(Ex). Signed by Judge Michael W. Fitzgerald (rn)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alka Sagar. (jtil) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants Planet Home Lending, LLC, re Notice of Related Case(s) #4 , Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Civil Cover Sheet (CV-71) #2 served on February 29, 2023. (Witcher, Rachel) |
| Filing 4 NOTICE of Related Case(s) filed by Defendants Planet Home Lending, LLC. Related Case(s): 2:21-cv-02906- MWF; 2:22-cv-08052-MWF; 2:22-ap-01030- VZ; 2:22-ap-01004- VZ; 2:23-cv-06177-MWF; 2:23-cv-01740-MWF; 2:23-cv-01636-MWF (Witcher, Rachel) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Planet Home Lending, LLC, (Witcher, Rachel) |
| Filing 2 CIVIL COVER SHEET filed by Movant Planet Home Lending, LLC. (Witcher, Rachel) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 24SMCV00412 Receipt No: ACACDC-37010838 - Fee: $405, filed by Defendants Gary Abrams, Planet Home Lending, LLC. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 Order on Court Fee Waover, #3 Exhibit 3 Case Cover Sheets, #4 Exhibit 4 Summons, #5 Exhibit 5 ADR Info Package, #6 Exhibit 6 Notice of Case Assignment, #7 Exhibit 7 Voluntary Efficient Litigation Stipulations, #8 Exhibit 8 First Amended General Order, #9 Exhibit 9 Notice of CMC, #10 Exhibit 10 POS to Summons and Complaint, #11 Exhibit 11 RJN, #12 Exhibit 12 POS to RJN) (Attorney Rachel C Witcher added to party Gary Abrams(pty:pla), Attorney Rachel C Witcher added to party Planet Home Lending, LLC(pty:bkmov))(Witcher, Rachel) |
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