Morgan Chikosi v. Wells Fargo Home Mortgage et al
Morgan Chikosi |
Michael T Gallagher, Wells Fargo Home Mortgage, Tami Crooks, Denise Housatchenko and Donald Joseph Wansten |
John R DiCaro |
5:2011cv00964 |
June 17, 2011 |
US District Court for the Central District of California |
Jesus G Bernal |
David T Bristow |
Truth in Lending |
28 U.S.C. § 1441 |
Both |
Docket Report
This docket was last retrieved on December 30, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 164 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #156 ,, CCA # 13-56031. The judgment of the 9th Circuit Court, entered July 30, 2015, takes effect this date.This constitutes the formal mandate of the 9th CCA Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #162 AFFIRMED] (mat) |
Filing 163 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #156 filed by Morgan Chikosi. CCA # 13-56031. Chikosi's petition for panel rehearing and petition for rehearing en banc are denied. No further filings will be entertained in this closed case. (mat) |
Filing 162 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #156 filed by Morgan Chikosi. CCA # 13-56031. The decision of the District Court is Affirmed. (car) |
Filing 161 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #156 filed by Morgan Chikosi CCA # 13-56031. The parties have requested clarification as to which parties are appellees inthis appeal. For the reasons set forth below, Wells Fargo Home Mortgage, DonaldJoseph Wansten, and Tami Crooks (collectively ("Wells Fargo defendants") areparties to this appeal as appellees. The Clerk shall amend the docket to reflect thatthese parties are appelles. See the order for all of the details. Order received in this district on 3/18/2014. (dmap) |
Filing 160 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #156 as to Plaintiff Morgan Chikosi; Receipt Number: RS004618 in the amount of $455. (dmap) |
Filing 159 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #156 filed by Morgan Chikosi, CCA # 13-56031. Appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $455.00 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. [See document for further details]. Order received in this district on 6/18/13. (car) |
Filing 158 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56031 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #156 as to Plaintiff Morgan Chikosi. (dmap) |
Filing 157 FILING FEE LETTER issued as to Plaintiff Morgan Chikosi re Notice of Appeal to 9th Circuit Court of Appeals #156 . (dmap) |
Filing 156 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Morgan Chikosi. Appeal of Order on Request for Leave, Order on Motion for Summary Judgment #154 , Judgment #155 . Filed On: 5/15/2013; Entered On: 5/16/2013; Filing fee $ 455 billed. (dmap) |
Filing 155 JUDGMENT by Judge Jesus G. Bernal: Pursuant to the Order filed herewith #154 , IT IS ORDERED AND ADJUDGED that Plaintiffs First Amended Complaint is DISMISSED WITH PREJUDICE. (MD JS-6, Case Terminated). (ad) |
Filing 154 ORDER by Judge Jesus G. Bernal GRANTING Defendant Michael T Gallagher's #141 Motion for Summary Judgment and DENYING Plaintiff's #136 Request to Add Defendants: (see document image for specifics). For the reasons set forth above, the Court GRANTS Gallaghers Motion for Summary Judgment on Plaintiffs Third, Eighth, and Ninth Causes of Action in the First Amended Complaint. The Court DENIES Plaintiffs Request to Add Defendants filed on December 19, 2012. (ad) |
Filing 153 MINUTES (IN CHAMBERS) ORDER VACATING FEBRUARY 25, 2013 HEARING by Judge Jesus G. Bernal re: #141 Motion for Summary Judgment. This matter is appropriate for resolution without a hearing pursuant to Local Rule 7-15 and will stand submitted on the papers timely filed. (mrgo) |
Filing 152 REPLY support MOTION for Summary Judgment as to Plaintiff's Complaint #141 filed by Defendant Michael T Gallagher. (Gentile, Daniel) |
Filing 151 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related) #150 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): The correct time is 9:00 am. Also, the document reflects the incorrect Judge in the case number. The correct case number is EDCV11-00964-JGB(DTBx). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (adu) |
Filing 150 REPLY MOTION for Summary Judgment as to Plaintiff's Complaint #141 filed by Defendant Michael T Gallagher. (Gentile, Daniel) |
Filing 149 ADDENDUM TO OPPOSITION TO STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION for Summary Judgment #142 filed by Plaintiff Morgan Chikosi. (am) |
Filing 148 PLAINTIFF'S EXHIBIT LIST; PLAINTIFF'S EXHIBITS 1-12 in opposition to MOTION for Summary Judgment as to Plaintiff's Complaint #142 , MOTION for Summary Judgment as to Plaintiff's Complaint #141 filed by Plaintiff Morgan Chikosi. (mrgo) |
Filing 147 OPPOSITION to Defendant's Memorandum of Points and Authorities in support of MOTION for Summary Judgment as to Plaintiff's Complaint #142 , MOTION for Summary Judgment as to Plaintiff's Complaint #141 filed by Plaintiff Morgan Chikosi. Declaration of Morgan Chikosi. (mrgo) |
Filing 146 RESPONSE TO DEFENDANT'S EXHIBIT LIST IN PPOSITION to MOTION for Summary Judgment as to Plaintiff's Complaint #142 , MOTION for Summary Judgment as to Plaintiff's Complaint #141 filed by Plaintiff Morgan Chikosi. (mrgo) |
Filing 145 OPPOSITION to Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment re: MOTION for Summary Judgment as to Plaintiff's Complaint #142 , MOTION for Summary Judgment as to Plaintiff's Complaint #141 filed by Plaintiff Morgan Chikosi. (mrgo) |
Filing 144 ORDER OF THE CHIEF JUDGE (#13-025) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Jesus G. Bernal, this case is transferred from Judge Dale S. Fischer to the calendar of Judge Jesus G Bernal for all further proceedings. The case number will now reflect the initials of the transferee Judge EDCV 11-00964 JGB(DTBx). (rn) |
Filing 143 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Summary Judgment as to Plaintiff's Complaint #142 . The following error(s) was found: Proposed Document was not submitted as a separate attachment.Local Rule 56-1 Statement of Uncontroverted Facts and or proposed Judgment lacking. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb) |
Filing 142 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint filed by Defendant Michael T Gallagher. Motion set for hearing on 2/25/2013 at 01:30 PM before Judge Dale S. Fischer. (Gentile, Daniel) |
Filing 141 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint filed by Defendant Michael T Gallagher. Motion set for hearing on 2/26/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum Points and Authorities in Support of Motion for Summary Judgment, #2 Statement of Uncontroverted Facts in Support of Motion for Summary Judgment, #3 Exhibit Exhibit List in Support of Motion for Summary Judgment, #4 Proposed Order Proposed Order Granting Motion for Summary Judgment)(Gentile, Daniel) |
Filing 140 NOTICE OF FILING TRANSCRIPT filed for proceedings 12-17-12, 3:06 p.m re Transcript #139 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dc) TEXT ONLY ENTRY |
Filing 139 TRANSCRIPT for proceedings held on 12-17-12, 3:06 p.m.. Court Reporter/Electronic Court Recorder: Karen E. Kay, CSR 3862, phone number 310.500.6838. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/22/2013. Redacted Transcript Deadline set for 2/1/2013. Release of Transcript Restriction set for 4/1/2013. (Kay, Karen) |
Filing 137 TRANSCRIPT ORDER as to plaintiff Morgan Chikosi Court Reporter. Court will contact Morgan Chikosi at mrgchik@aol.com with any questions regarding this order. Transcript portion requested: Other: 12/17/12. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (mw) |
Filing 138 NOTICE OF ERRATA filed by Plaintiff Morgan Chikosi. correcting REQUEST for Leave to Add Defendants #136 (shb) |
Filing 136 REQUEST to Defendants to add two defendants filed by Plaintiff Morgan Chikosi. (ir) |
Filing 135 MINUTES OF Pretrial Conference held before Judge Dale S. Fischer: Morgan Chikosi, pro per plaintiff, is also present. The Court and the plaintiff discuss the plaintiff's claims as set forth on the record. Neither plaintiff nor defendant have provided jury instructions. The Court will allow defense counsel to file a motion for summary judgment. Counsel and plaintiff should confer to work out a briefing schedule to allow plaintiff sufficient time to respond to the motion. The trial date is vacated.Court Reporter: Karen Kay. (bp) |
Filing 134 ORDER by Judge Dale S. Fischer: Request to Substitute Attorney Daniel K Gentile, Pope & Gentile in place and stead of Defendant Michael T Gallagher, Pro Se #131 GRANTED. (ir) |
Filing 133 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Substitute of attorney #131 . The following error was found: Proposed Document was not submitted as a separate attachment. Proposed order is not attached. See GO 08-02 regarding electronically filing proposed documents. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ir) |
Filing 132 MEDIATION REPORT Filed by Mediator (ADR Panel) John R DiCaro: Mediation held on December 12, 2012. The parties are unable to reach an agreement at this time.(DiCaro, John) |
Filing 131 First REQUEST to Substitute attorney Daniel K. Gentile in place of attorney Michael T. Gallagher filed by defendant Michael T Gallagher. (Gentile, Daniel) |
Filing 130 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Lodging Proposed Pretrial Conference Order #128 . Document was scanned with Exhibit D (2 pages) missing. Document will be deleted and replaced with a completed version (47 pages). (ir) Modified on 12/12/2012 (ir). |
Filing 129 NOTICE OF MEDIATION DATE filed. Mediation set for December 13, 2012 at 10:00am.3090 Bristol Street Suite 190, Costa Mesa, Ca 92626(mb) |
Filing 128 NOTICE OF LODGING of Proposed Pretrial Conference Order filed by Plaintiff Morgan Chikosi. (ir) (Main Document 128 replaced on 12/12/2012) (ir). |
Filing 127 NOTICE OF MEDIATION DATE filed. Mediation set for December 12, 2012.(DiCaro, John) |
Filing 126 NOTICE OF MEDIATION DATE filed. Mediation set for December 13, 2012.(DiCaro, John) |
Filing 125 JOINT EXHIBIT LIST AS AN EXHIBIT-DEFENDANT FAILED TO ENDORSE AND FILE THE DOCUMENT filed by Plaintiff Morgan Chikosi.. (bp) |
Filing 124 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT : Document No. 115 filed on 11/26/12 is stricken for failure to comply with this Courts standing order and Local Rules 5-4.4.2 and 5-4.5, which require that proposed orders be submitted to chambers email with a PDF copy of the document filed and a mandatory chambers copy be provided in paper format to the assigned judge. Further failure to adhere to the Local Rules and this Court's standing order may result in future sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY |
Filing 123 Joint Exhibit List filed by defendant Michael T Gallagher.. (Gentile, Daniel) |
Filing 122 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) John R DiCaro has been assigned to serve as Panel Mediator. (mb) |
Filing 121 Witness List filed by Plaintiff Morgan Chikosi.. (bp) |
Filing 120 Joint Witness List filed by Plaintiff Morgan Chikosi.(bp) |
Filing 119 MEMORANDUM OF CONTENTIONS OF FACT AND LAW filed by Plaintiff Morgan Chikosi. (shb) |
Filing 118 REQUEST for Mediator for the Court's ADR Program Consistent With the ADR Program Questionnaire filed by Plaintiff Morgan Chikosi. (shb) |
Filing 117 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First APPLICATION to Substitute attorney Daniel K. Gentile in place of attorney Michael T. Gallagher #115 . The following error(s) was found: Incorrect document is attached to the docket entry. No application e-filed, only proposed order attached. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb) |
Filing 116 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Michael T Gallagher. (Gentile, Daniel) |
Filing 115 ** DOCUMENT STRICKEN ** First APPLICATION to Substitute attorney Daniel K. Gentile in place of attorney Michael T. Gallagher filed by defendant Michael T Gallagher. (Gentile, Daniel) Modified on 12/4/2012 (dp). |
Filing 114 AMENDED PLEADINGS RESPONDING TO DEFENDANT'S CONTENTION FROM THE JOINT RULE 26(f) REPORT AND PROPOSED DISCOVERY PLAN, MEMORANDUM OF POINTS AND AUTHORITIES #110 filed by Plaintiff Morgan Chikosito (shb) |
Filing 113 ORDER RE JURY TRIAL by Judge Dale S. Fischer: I. E-FILING REQUIREMENTS; II. DEADLINES: A. Adding Parties or Amending Pleadings: 8/1/12; B. Discovery Cut-off: 10/1/12; C. Expert Witness Exchange Deadline: Initial: 11/1/12; Rebuttal: 11/20/12; Cut-off: 12/15/12; D. Motion Hearing Cut-off: 10/22/12; E. ADR Cut-off: 11/5/12; F. Final Pretrial Conference: 12/17/12 @ 3:00 p.m.; G. Trial Date:1/22/13 @ 8:30 am (3 day estimate); III. TRIAL PREPARATION; IV. CONDUCT OF ATTORNEYS AND PARTIES: (see document for further details). (bm) |
Filing 112 MINUTES OF Scheduling Conference held before Judge Dale S. Fischer. The Court establishes dates as stated on the record.Court Reporter: Pat Cuneo. (vdr) |
Filing 111 ADR PROGRAM QUESTIONNAIRE filed by Plaintiff Morgan Chikosi. (shb) |
Filing 110 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiff Morgan Chikosi.(shb) |
TEXT ONLY ENTRY: ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Court refers counsel to the Courts Scheduling Conference Order found on the Courts website under Judge Fischers Procedures and Schedules. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Scheduling Conference set for 6/11/2012 11:00 AM before Judge Dale S. Fischer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY |
Filing 109 MEMORANDUM in Opposition to MOTION for Summary Judgment #103 filed by Defendant Michael T Gallagher. (vdr) |
Filing 108 MINUTES (IN CHAMBERS): ORDER by Judge Dale S. Fischer: denying #103 Motion for Summary Judgment. See Minute Order for specifics. (dp) |
Filing 107 NOTICE OF ERRATA filed by Plaintiff Morgan Chikosi, correcting Document #105 . (vdr) |
Filing 106 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #87 , CCA # 12-55202. This appeal is dismissed for lack of jurisdiction. Mandate received in this district on 3/21/12. (car) |
Filing 105 "POINT OF ORDER" OPPOSING Taking Motion for Entry of Judgment Off Calendar filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Moartgage (Dailey, Steven) #104 filed by Plaintiff Morgan Chikosi. (jp) |
Filing 104 NOTICE of Taking Motion for Entry of Judgment Off Calendar filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 103 PLAINTIFF'S MOTION for Summary Judgment and Brief in Support of Motion for Summary Judgment filed by Plaintiff Morgan Chikosi. Motion set for hearing on 4/9/2012 at 01:30 PM before Judge Dale S. Fischer. (shb) |
Filing 102 NOTICE OF DISCREPANCY AND ORDER: by Judge Dale S. Fischer, ORDERING Second Amended Complaint submitted by Plaintiff Morgan Chikosi received on 3/5/2012 is not to be filed but instead rejected. Denial based on: No court order allowing for the filing of a Second Amended Complaint. (shb) |
Filing 101 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #87 filed by Morgan Chikosi, CCA # 12-55202. This appeal is dismissed for lack of jurisdiction. [See document for further information]. Order received in this district on 2/28/12. (car) |
Filing 100 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: None Requested; Court of Appeals Case Number: 12-55202; Re: Notice of Appeal #87 (car) |
Filing 99 OPPOSITION TO GENERAL DENIAL #93 filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 98 Proof of Service re Notice of Entry of Judgment re: Notice (Other) #97 (Dailey, Steven) |
Filing 97 NOTICE filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. Notice of Entry of Judgment (Dailey, Steven) |
Filing 96 JUDGMENT by Judge Dale S. Fischer, Related to: MOTION for Judgment #94 . ORDERED, ADJUDGED AND DECREED, that this action is dismissed with prejudice as to Lender Defendants and that Plaintiff MORGAN CHIKOSI take nothing as against Lender Defendants. (shb) |
Filing 95 OPPOSITION to [PROPOSED] Judgment in favor of Wells Fargo Home Mortgage, a Division of Wells Fargo Bank, N.A., Tami Crooks and Donald Joseph Wansten #94 filed by Plaintiff Morgan Chikosi. (jp) |
Filing 94 [DOCUMENT WITHDRAWN BY DOCUMENT 104 DATED 3/15/2012] - NOTICE OF MOTION AND MOTION for Judgment filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. Application set for hearing on 3/26/2012 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order for Judgment)(Dailey, Steven) Modified on 3/16/2012 (shb). |
Filing 93 GENERAL DENIAL (ANSWER) to First Amended Complaint #32 filed by Defendant Michael T Gallagher.(shb) |
Filing 92 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dale S. Fischer ORDERING General Denial to First Amended Complaint submitted by Defendant Michael T Gallagher received on 2/6/2012 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (Attachments: #1 general denial to first amended complaint) (shb) |
Filing 90 NOTICE OF LODGING filed 2-2-12 re MOTION to Dismiss Case #38 (Attachments: #1 Proposed Order)(Dailey, Steven) |
Filing 89 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against Defendant Michael T Gallagher #86 . The Clerk cannot enter the requested relief as No proof of service/waiver of service on file re initial summons and complaint. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (shb) |
Filing 88 NOTIFICATION by Circuit Court of Appellate Docket Number 12-55202, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #87 as to Plaintiff Morgan Chikosi. (jp) |
Filing 87 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Morgan Chikosi. Appeal of Judgment, #84 Filed On: 1/5/12; Entered On: 1/5/12; Filing fee $455; PAID, receipt number LA035241. (car) |
Filing 91 GENERAL DENIAL TO (ANSWER) First Amended Complaint #32 filed by Defendant Michael T Gallagher.(shb) |
Filing 85 NOTICE OF ENTRY OF JUDGMENT filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 86 APPLICATION for Clerk to Enter Default against Defendant Michael T Gallagher filed by Plaintiff Morgan Chikosi. (rne) |
Filing 84 JUDGMENT by Judge Dale S. Fischer, in favor of Denise Housatchenko against Morgan Chikosi. IT IS HEREBY ORDERED AND ADJUDGED that this action isdismissed with prejudice as to Defendant Denise Housatchenko, that PlaintiffMorgan Chikosi take nothing as against Defendant Denise Housatchenko, thatJudgment is hereby entered in favor of Defendant Denise Housatchenko andagainst Plaintiff Morgan Chikosi in accordance with the Courts Order of January3, 2012, and that Defendant Denise Housatchenko recover her costs. (shb) |
Filing 81 NOTICE OF LODGING filed RE: [PROPOSED] JUDGMENT IN FAVOR OF DENISE HOUSATCHENKO re Order on Motion to Dismiss #80 (Attachments: #1 Exhibit A-Proposed Judgment, #2 Proof of Service)(Lorch, Gary) |
Filing 83 RESPONSE TO REPLY TO OPPOSITION TO MOTION OF DEFENDANT DENISE HOUSTACHENKO TO Dismiss First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #67 filed by Plaintiff Morgan Chikosi. (shb) |
Filing 82 RESPONSE filed by Plaintiff Morgan Chikosito to Court Order on Request for Order #76 Dated 12/16/2011. Affiliated with Court's Order dated 10/25/11 (shb) |
Filing 80 MEMORANDUM IN CHAMBERS ORDER by Judge Dale S. Fischer: granting #67 Defendant Denise Housatchenko's Motion to Dismiss (shb) |
Filing 79 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against Defendant Michael T Gallagher #78 . The Clerk cannot enter the requested relief as No proof of service of summons and complaint on file for this defendant. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered.. (shb) |
Filing 78 APPLICATION for Clerk to Enter Default against Defendant Michael T Gallagher; Declaration of Morgan Chikosi filed by Plaintiff Morgan Chikosi. (shb) |
Filing 77 REPLY TO OPPOSITION TO MOTION to Dismiss First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #67 filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 76 MINUTES (IN CHAMBERS): ORDER by Judge Dale S. Fischer: finding as moot #57 Request for Order as defendant withdrew the request. (dp) |
Filing 75 MINUTES (IN CHAMBERS): ORDER by Judge Dale S. Fischer: denying #64 Motion for Reconsideration (dp) |
Filing 74 MINUTE ORDER IN CHAMBERS by Judge Dale S. Fischer: re: MOTION for Reconsideration #64 . The Motion is off calendar and under submission (dp) |
Filing 73 REPLY TO OPPOSITION TO MOTION for RECONSIDERATION OF ORDER GRANTING MOTION TO DISMISS #64 filed by Plaintiff Morgan Chikosi. (shb) |
Filing 72 REPLY to Wells Fargo's opposition to REQUEST to Add Defendants in the Second Amended Complaint and to Include Wrongful Foreclosure Claim #57 filed by Plaintiff Morgan Chikosi. (shb) |
Filing 71 OPPOSITION TO NOTICE OF MOTION AND MOTION OF DEFENDANT DENISE HOUSATCHENKO to Dismiss First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #67 ; Memorandum of points and authorities in support thereof filed by Plaintiff Morgan Chikosi. (shb) |
Filing 70 Opposition Opposition to Motion for Reconsideration of Order Granting Motion to Dismiss re: MOTION for Reconsideration #64 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 69 Opposition Opposition to Plaintiff's REquest to Add Defendants and Include Wrongful Foreclosure Claim re: REQUEST for Order for to Add Defendants in the Second Amended Complaint and to Include Wrongful Foreclosure #57 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 68 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #67 filed by Defendant Denise Housatchenko. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E; POS)(Lorch, Gary) |
Filing 67 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendant Denise Housatchenko. Motion set for hearing on 1/9/2012 at 01:30 PM before Judge Dale S. Fischer. (Lorch, Gary) |
Filing 63 MINUTE ORDER IN CHAMBERS by Judge Dale S. Fischer: re: REQUEST for Order for to Add Defendants in the Second Amended Complaint and to Include Wrongful Foreclosure #57 . See Minute Order for specifics. (dp) |
Filing 66 DECLARATION of Morgan Chikoski in Support MOTION for Reconsideration #64 filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 65 MEMORANDUM in Support of MOTION for Reconsideration #64 filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 64 NOTICE OF MOTION AND MOTION for Reconsideration; Motion to Dismiss filed by Plaintiff Pro Per Morgan Chikosi. Motion set for hearing on 12/19/2011 at 01:30 PM before Judge Dale S. Fischer.Lodged Proposed Order. (vdr) |
Filing 62 REPLY to Memorandum of Points and Authorities in Reply to Plaintiff's EX PARTE APPLICATION #55 for Order Dismissing With Prejudice filed by Plaintiff Pro Per Morgan Chikosi. (vdr) |
Filing 61 MEMORANDUM: Proceedings: (IN CHAMBERS) Order DENYING Ex Parte Application (Docket No. 55) by Judge Dale S. Fischer: Defendant Denise Housatchenko's Ex Parte Application for an Order Dismissing her from the case #55 is DENIED without prejudice to the filing of a regularly noticed motion. Counsel are reminded that ex parte applications are solely for extraordinary relief. Future inappropriate ex parte requests may result in sanctions. (jp) |
Filing 60 REPLY to Plaintiff's Opposition to EX PARTE APPLICATION to Dismiss Case with Prejudice, as against Defendant Denise Housatchenko, #55 Consistent With Court's Order of October 25, 2011, Granting Motion to Dismiss of Defendants Wells Fargo Home Mortgage, a Division of Wells Fargo Bank, N.A., Tami Crooks and Donald Joseph Wansten filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 59 DECLARATION of Morgan Chikosi in Opposition to EX PARTE APPLICATION #55 to Dismiss Case filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 58 OPPOSITION to EX PARTE APPLICATION #55 to Dismiss Case filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 57 REQUEST to Add Defendants in the Second Amended Complaint and to Include Wrongful Foreclosure filed by Plaintiff Pro Per Morgan Chikosi.(vdr) |
Filing 56 NOTICE of Change of address Changing Pro Se Plaintiff's address to 14441 Macon Circle, Westminster, CA 92683. Filed by Plaintiff Morgan Chikosi.(vdr) |
Filing 55 EX PARTE APPLICATION to Dismiss Case with Prejudice, as against Defendant Denise Housatchenko, filed by Defendant Denise Housatchenko. (Attachments: #1 Proposed Order)(Lorch, Gary) |
Filing 54 MEMORANDUM: Proceedings: (In Chambers) Order DENYING Defendant DeniseHousatchenko Motion to Dismiss #34 by Judge Dale S. Fischer. (See attached Order for further details). (jp) |
Filing 53 MEMORANDUM: Proceedings: (In Chambers) Order GRANTING Defendants Wells Fargo Bank, N.A., Tami Crooks, and Donald Joseph Wansten's Motion to Dismiss; Order DENYING AS MOOT Motion to Strike #37 , #38 by Judge Dale S. Fischer: The motion to dismiss is GRANTED. Leave to amend is granted as to the breachof contract and unfair business practices claims only. The amended complaint, if any, is to be filed by 11/28/2011. The motion to strike is DENIED AS MOOT in light of the granting of the motion to dismiss. (jp) |
Filing 52 MEMORANDUM (IN CHAMBERS) ORDER DENYING MOTION #50 TO CONSOLIDATE by Judge Dale S. Fischer. The unlawful detainer case is not in this court and therefore cannot be consolidated. (vdr) |
Filing 51 MEMORANDUM IN CHAMBERS RE: MOTION #38 TO DISMISS/MOTION TO STRIKE #37 by Judge Dale S. Fischer. The Court, on its own motion, takes the above-referenced proceedings off the hearing calendar for 10/24/2011 at 1:30 p.m. and takes the motion under submission. A written order will follow. (vdr) |
Filing 50 NOTICE OF MOTION AND MOTION to Consolidate and Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Pro Per Morgan Chikosi. Motion set for hearing on 11/21/2011 at 01:30 PM before Judge Dale S. Fischer. (vdr) |
Filing 49 REQUEST for Extension of Time to File Response filed by Plaintiff Pro Per Morgan Chikosi.(vdr) |
Filing 47 MEMORANDUM IN CHAMBERS ORDER by Judge Dale S. Fischer: re: MOTION to Dismiss Case #38 . The Court, on its own motion, takes the above-referenced proceedings off the hearing calendar for Monday, October 17, 2011 at 1:30 p.m. and takes the motion under submission. A written order will follow. (shb) |
Filing 48 OPPOSITION TO MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO Renewed MOTION #34 to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, For Order Compelling Arbitration and Staying Case filed by Plaintiff Morgan Chikosi.(vdr) |
Filing 46 REPLY In Support of MOTION to Dismiss Case #38 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 45 REPLY In Support of MOTION to Strike Portions of #37 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 44 REPLY to Opposition to Renewed MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case #8 REPLY filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 43 OPPOSITION to MOTION to Dismiss First Amended Complaint #38 & Attachment Declaration of Elizabeth Chikosi filed by Plaintiff Morgan Chikosi. (shb) |
Filing 42 OPPOSITION to MOTION to Strike Portions of Plaintiff's First Amended Complaint #37 filed by Plaintiff Morgan Chikosi. (shb) |
Filing 41 OPPOSITION to Notice of Renewed MOTION and Motion to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, For Order Compelling Arbitration and Staying Case; Memorandum of Points and Authorities and Declarations of George Lasko and Gary J. Lorch in Support Thereof #34 filed by Plaintiff Morgan Chikosi. (shb) |
Filing 40 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Morgan Chikosi. (shb) |
Filing 39 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case #38 , MOTION to Strike Portions of #37 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. Motion set for hearing on 10/24/2011 at 01:30 PM before Judge Dale S. Fischer. (Dailey, Steven) |
Filing 37 NOTICE OF MOTION AND MOTION to Strike Portions of filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. Motion set for hearing on 10/24/2011 at 01:30 PM before Judge Dale S. Fischer. (Dailey, Steven) |
Filing 35 NOTICE AMENDED filed by Defendant Denise Housatchenko. AMENDED NOTICE OF RENEWED MOTION TO DISMISS CASE BASED ON MANDATORY ARBITRATION CLAUSE OR, IN THE ALTERNATIVE, FOR ORDER COMPELLING ARBITRATION AND STAYING CASE (Lorch, Gary) |
Filing 34 NOTICE OF MOTION AND Renewed MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, For Order Compelling Arbitration and Staying Case; Memorandum of Points and Authorities and Declarations of George Lasko and Gary J. Lorch in Support Thereof filed by Defendant Denise Housatchenko. Motion set for hearing on 10/10/2011 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration - George Lasko, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Lorch, Gary) |
Filing 36 RESPONSE IN DENIAL OF ARBITRATION REQUESTED BY COUNSEL FOR MS. HOUSATCHENKO filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 33 NOTICE OF ERRATA filed by Plaintiff Morgan Chikosi. correcting First Amended Complaint #32 ; replacing pages 18 and 19 (shb) |
Filing 32 FIRST AMENDED COMPLAINT against Defendant Tami Crooks, Michael T Gallagher, Denise Housatchenko, Donald Joseph Wansten, Wells Fargo Home Mortgage amending Notice of Removal, #1 ,filed by Plaintiff Morgan Chikosi (shb) |
Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objections - non-motion, #30 . The following error(s) was found: Incorrect event selected. The correct event is: Other Filings - Motions Filings - Responses, replies and other motion related filings - Objections and link to motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb) |
Filing 30 OBJECTIONS to MEMORANDUM in Opposition to Motion #29 and Motion to Strike, Untimely "Memorandum of Points and Authorities in Reply to Oppositions to Motion to Dismiss Case Based on Mandatory Arbitration," filed by Plaintiff Morgan Chikosi filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 29 ANSWER TO MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case #8 filed by Plaintiff Morgan Chikosi. (shb) |
Filing 28 MEMORANDUM (IN CHAMBERS) ORDER GRANTING Plaintiffs Motion #27 for Leave toFile an Amended Complaint and Finding Defendants Motions #8 #9 to Dismiss Moot by Judge Dale S. Fischer. The Court deems this matter appropriate for decision without oral argument. The hearing set for 9/12/2011 is removedfrom the Courts calendar. Plaintiff must file the amended complaint by 9/1/2011. *See order for findings and analysis.* (vdr) |
Filing 27 NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint; Opposition to Dismiss Case filed by Plaintiff Morgan Chikosi. Motion set for hearing on 9/12/2011 at 01:30 PM before Judge Dale S. Fischer. (rne) |
Filing 26 AMENDED BRIEF RE MANDATORY ARBITRATION re MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case #8 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 25 OBJECTIONS to Motion Related Document, #24 and Motion to Strike, Untimely "Brief re Mandatory Arbitration" filed by Defendants Wells Fargo Home Mortgage a Division of Wells Fargo Bank, N.A., Tami Crooks and Donald Joseph Wansten filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 24 BRIEF RE MANDATORY ARBITRATION re MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case #8 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 23 STATEMENT of Non-Opposition to MOTION to Strike Portions of Plaintiff's Complaint MOTION to Dismiss Case #9 MOTION to Strike Portions of Plaintiff's Complaint MOTION to Dismiss Case #9 #10 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 22 REPLY in support of MOTION to Dismiss Case #9 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 21 REPLY to Opposition to MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case #8 filed by Defendant Denise Housatchenko. (Lorch, Gary) |
Filing 20 PROOF OF SERVICE filed by Plaintiff Morgan Chikosi, re Response in Opposition to Motion #15 served on 7/27/2011 upon Tami Crooks c/o Jeffrey S Gerardo, Steven M Dailey, Kutak Rock LLP. (shb) |
Filing 19 PROOF OF SERVICE filed by Plaintiff Morgan Chikosi, re Response in Opposition to Motion #15 served on 7/27/2011 upon Wells Fargo Home Mortgage c/o Jeffrey S Gerardo, Steven M Dailey, Kutak Rock LLP. (shb) |
Filing 18 PROOF OF SERVICE filed by Plaintiff Morgan Chikosi, re Response in Opposition to Motion #15 served on 7/27/2011 upon Denise Housatchenko c/o Gary J Lorch, Gordon & Rees LLP. (shb) |
Filing 17 PROOF OF SERVICE filed by Plaintiff Morgan Chikosi, re Response in Opposition to Motion #15 served on 7/27/2011 upon Michael T Gallagher. (shb) |
Filing 16 PROOF OF SERVICE filed by Plaintiff Morgan Chikosi, re Response in Opposition to Motion #15 served on 7/27/2011 upon Donald Joseph Wansten, c/o Geoffrey Steven, M. Kailey, K Vitak Rock LLP. (shb) |
Filing 15 OPPOSITION to MOTION #8 to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case filed by Plaintiff Morgan Chikosi. (vdr) |
Filing 14 Amended Notice of Interested Parties filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage, (Dailey, Steven) |
Filing 13 CERTIFICATE of Interested Parties filed by Defendant Denise Housatchenko, identifying Morgan Chikosi-Plaintiff; Wells Fargo Home Mortgage, a Division of Wells Fargo Bank-Defendant; Wells Fargo Bank (related to Wells Fargo Home Mortgage); Donald Joseph Wansten-Defendant; Tami Crooks-Defendant; Michael T. Gallagher-Defendant; Denise Housatchenko-Defendant; Escrow Junction, Inc. (employer of Denise Housatchenko). (Lorch, Gary) |
Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case #8 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb) |
Filing 11 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case #9 , MOTION to Strike Portions of Plaintiff's Complaint MOTION to Dismiss Case #9 MOTION to Strike Portions of Plaintiff's Complaint MOTION to Dismiss Case #9 #10 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. (Dailey, Steven) |
Filing 10 NOTICE OF MOTION AND MOTION to Strike Portions of Plaintiff's Complaint MOTION to Dismiss Case #9 filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. Motion set for hearing on 8/15/2011 at 01:30 PM before Judge Dale S. Fischer. (Dailey, Steven) |
Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Tami Crooks, Donald Joseph Wansten, Wells Fargo Home Mortgage. Motion set for hearing on 8/15/2011 at 01:30 PM before Judge Dale S. Fischer. (Dailey, Steven) |
Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case Based on Mandatory Arbitration Clause or, in the Alternative, for Order Compelling Arbitration and Staying Case filed by Defendant Denise Housatchenko. Motion set for hearing on 8/15/2011 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of George Lasko, #2 Declaration of Gary J. Lorch, #3 Exhibit A-B, #4 Exhibit C-G)(Lorch, Gary) |
Filing 7 OF SERVICE filed by Defendants Tami Crooks, Wells Fargo Home Mortgage, served on June 17, 2011. (Dailey, Steven) |
Filing 6 STANDING ORDER by Judge Dale S. Fischer. Read this Order carefully as it controls this case and differs somewhat from the Local Rules. See order for specifics. (dp) |
Filing 5 NOTICE OF REASSIGNMENT of Eastern Division Removal Case. Pursuant to the procedure adopted by the Court, the above entitled case has been returned to the Clerk for random reassignment. This case has been randomly reassigned to Judge Dale S. Fischer for all further proceedings. Case number will now read EDCV 11-964 DSF (DTBx). (mrgo) |
Filing 4 DECLARATION of Starlet J Japp re Notice of Removal, #1 filed by Defendants Tami Crooks, Wells Fargo Home Mortgage. (mrgo) (mrgo). |
Filing 3 CORPORATE DISCLOSURE STATEMENT filed by defendants Tami Crooks, Wells Fargo Home Mortgage. (mrgo) (mrgo). |
Filing 2 NOTICE of Interested Parties filed by defendants Tami Crooks, Wells Fargo Home Mortgage, identifying Corporate Parent Wells Fargo NA for Tami Crooks, Wells Fargo Home Mortgage. (mrgo) (mrgo). |
Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVVS 1103019 with copy of summons and complaint.Case assigned to Judge Virginia A. Phillips, Discovery to Magistrate Judge David T Bristow. (Filing fee $ 350.00 paid), filed by defendants Wells Fargo Home Mortgage, Tami Crooks.(mrgo) (Additional attachment(s) added on 6/24/2011: #1 CV-18, #2 Civil Cover Sheet) (mrgo). |
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