Hudena James et al v. US Bancorp et al
| Hedena James, Mercedes Green and Hudena James |
| Does 1-10, Andy Cecere, US Bank National Association, Kathy Sandoval, Andy Nguyen, US Bancorp and US Bank |
| 5:2018cv01762 |
| August 22, 2018 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Sheri Pym |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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| Filing 52 NOTICE filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. OF COURT DOCKET DISCREPANCY & REQUEST FOR CORRECTION (Attachments: #1 Exhibit A-Court Docket, #2 Exhibit B-01/25/19 Court Order [Doc. 28], #3 Exhibit C-02/07/19 FAC [Doc. 29], #4 Exhibit D-01/11/19 Court Order [Doc. 27])(Trachtman, Benjamin) |
| APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #46 as to Plaintiff Hudena James; Receipt Number: RS010206 in the amount of $505. (lmu) Modified on 6/25/2019 (jp). |
| APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #50 as to Plaintiff Mercedes Green; Receipt Number: RS010207 in the amount of $505. (lmu) |
| Filing 51 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55544 assigned to Notice of Appeal to 9th Circuit Court of Appeals #50 as to plaintiff Mercedes Green. (jp) |
Filing 49
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #46 filed by Hudena James. CCA # 19-55514. The filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. (jp) Modified on 6/25/2019 (jp).
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| Filing 50 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Mercedes Green. Appeal of Order on Motion to Dismiss Case, #45 Filed On: 4/10/19; Entered On: 4/10/19. (mat) |
| Filing 48 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55514 assigned to Notice of Appeal to 9th Circuit Court of Appeals #46 as to plaintiff Hudena James. (jp) Modified on 6/25/2019 (jp). |
| Filing 47 FILING FEE LETTER issued as to plaintiff Hudena James, re Notice of Appeal to 9th Circuit Court of Appeals #46 . (mat) Modified on 6/25/2019 (jp). |
| Filing 46 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Hudena James. Appeal of Order on Motion to Dismiss Case, #45 Filed On: 4/10/19; Entered On: 4/10/19; Filing fee $ 505, BILLED. (mat) Modified on 6/25/2019 (jp). |
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Filing 45
MINUTES (IN CHAMBERS) Order Re: Defendants' Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) [DE 31] by Judge R. Gary Klausner: The Court GRANTS Defendants' motion with prejudice #31 . (MD JS-6. Case Terminated.) (SEE CIVIL MINUTE FOR FURTHER SPECIFICS). (jp)
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| Filing 44 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-5 days, filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association.. (Trachtman, Benjamin) |
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Filing 43
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Scheduling Conference, previously scheduled for 04/15/19 at 9:00 am, HAS BEEN CONTINUED TO 05/06/2019 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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Filing 42
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval and US Bank National Association's Motion to Dismiss Case #31 , calendared for hearing on April 1, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 41 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case under FED. R. CIV. PROC., Rule 12(b)(6) #31 filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. (Attachments: #1 Declaration of Julie A. Hamlin in Support of Reply Brief)(Trachtman, Benjamin) |
| Filing 40 Plaintiffs Opposition Motion to Dismiss FAC by U.S. Bank National Association aka U.S. Bank, Andy Cecere, kathy Sandoval and Anty nguyen Pursuant to FRCP 12(b)(6) #31 filed by Plaintiffs Mercedes Green, Hudena James. (Attachments: #1 Proposed Order). (jp) Modified on 6/25/2019 (jp). |
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Filing 39
ORDER GRANTING Ex Parte Notice and Application by Defendants to (1) Stay Discovery and (2) Continue Scheduling Conference #34 by Judge R. Gary Klausner that The Scheduling Conference, and all events and dates based off the date of the Scheduling Conference, is continued to 4/15/2019 at 09:00 AM. Discovery, and all related events and dates, will be based off the continued Scheduling Conference date. (jp)
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Filing 38
MINUTES (IN CHAMBERS) Order Re: Plaintiffs' Motion to Compel Compliance with Judge 's Discovery Order Setting Scheduling Conference (DE #32 ) by Judge R. Gary Klausner. The Court has read and considered Plaintiffs' motion to compel compliance with the Court's standing order, and hereby DENIES Plaintiffs' motion. The Court will address Defendants' request to stay discovery in a separate order. (bp)
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| Filing 36 DECLARATION of Erika Sorensen re: Service of Ex Parte Application [Doc. 34] and Amended Exhibit 2 [Doc. 35] filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Trachtman, Benjamin) |
| Filing 37 OPPOSITION to EX PARTE APPLICATION by Defendants to (1) Stay Discovery and (2) Continue Scheduling Conference #34 filed by Plaintiffs Mercedes Green, Hudena James. (Attachments: #1 Proposed Order). (jp) Modified on 6/25/2019 (jp). |
| Filing 35 EXHIBIT Filed filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. Amended Exhibit 2 [Doc. 34-2] as to EX PARTE APPLICATION to Continue Scheduling Conference from April 1, 2019 to May 1, 2019 #34 . (Trachtman, Benjamin) |
| Filing 34 EX PARTE APPLICATION to Continue Scheduling Conference from April 1, 2019 to May 1, 2019 filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order) (Trachtman, Benjamin) |
| Filing 33 NOTICE OF MOTION TO COMPEL COMPLIANCE WITH JUDGE'S DISCOVERY ORDER SETTING SCHEDULING CONFERENCE OF December 6, 2018 #32 filed by Plaintiffs Mercedes Green, Hudena James. (lom) Modified on 6/25/2019 (jp). |
| Filing 32 MOTION for Order for COMPEL COMPLIANCE WITH JUDGE'S DISCOVERY ORDER SETTING SCHEDULING CONFERENCE OF December 6, 2018 filed by Plaintiff Hudena James. Motion set for hearing on 4/1/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 [Prop] Order) (lom) Modified on 3/4/2019 (lom). Modified on 6/25/2019 (jp). |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Case under FED. R. CIV. PROC., Rule 12(b)(6) filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. Motion set for hearing on 4/1/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Trachtman, Benjamin) |
| Filing 30 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Hudena James, upon Defendant Andy Cecere served on 2/7/2019, answer due 2/28/2019. Service of the First Amended Complaint executed. (yl) Modified on 6/25/2019 (jp). |
| Filing 29 FIRST AMENDED COMPLAINT against Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association; Party Kathy Sandoval (an Individual), US Bank National Association, Andy Cecere (an individual) and Andy Nguyen (an Individual) terminated amending Complaint - (Discovery) #1 , filed by Plaintiff Mercedes Green, Hudena James(bp) Modified on 6/25/2019 (jp). |
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Filing 28
MINUTE ORDER IN CHAMBER ORDER DISMISSING DEFENDANT SUA SPONTE FOR FAILURE TO STATE A CLAIM UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) by Judge R. Gary Klausner: Accordingly, claims one, three, four, five and six against U.S. Bancorp are dismissed sua sponte without prejudice and claim two is dismissed with prejudice. If plaintiffs wish to amend their Complaint in accordance with this Order and the Courts January 11, 2019 Order (ECF No. 27), they must do so by February 11th. (shb)
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Filing 27
(IN CHAMBERS) Order Re: Defendants' Motion to Strike under Fed.R.Civ.P.12(b)(6)(DE #18 ) by Judge R. Gary Klausner. The Court GRANTS Defendant's Motion and dismisses claims one, three, four, five, and six against U.S. Bank, Cecere, Sandoval, and Nguyen without prejudice and dismisses claim two with prejudice. Although U.S. Bancorp does not joint the instant motion to dismiss, the Court may sua sponte dismiss the claims against U.S. Bancorp because Plaintiffs have failed to state a claim for which relief can be granted against this Defendant. Plaintiffs are hereby ordered to show cause by January 18, 2019 at 5:00 p.m. why U.S. Bancorp should not be dismissed. Absent a satisfactory response, the Court will dismiss Plaintiffs' claims against U.S. Bancorp as well. (bp)
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Filing 26
(IN CHAMBERS) Order Re: Defendants' Motion to Strike under Fed.R.Civ.P. 12(b)(6)(DE #18 ) by Judge R. Gary Klausner. The Court GRANTS Defendants' Motion and dismiss claims one, three, four, fix, and six against U.S. Bank, Cecere, Sandoval, and Nguyen without prejudice and dismiss claim two with prejudice. Although U.S. Bancorp does not join the instant motion to dismiss, the Court may sua sponte dismiss the claims against U.S. Bancorp because Plaintiffs have failed to state a claim for which relief can be granted against this Defendant. Plaintiffs are hereby ordered to show cause by January 18, 2019 at 5:00 p.m. why U.S. Bancorp should not be dismissed. Absent a satisfactory response, the Court will dismiss Plaintiffs' claims against U.S. Bancorp as well. (bp)
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Filing 25
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Andy Cecere, Andy Nguyen, Kathy Sandoval, and US Bank National Association's Motion to Strike Complaint Under Fed. R. Civil Procedure Rule 12(b)(6) #18 , calendared for hearing on January 7, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 24 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Complaint Under Fed. R. Civil Procedure Rule 12(b)(6) Complaint - (Discovery), #1 #18 filed by Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. (Trachtman, Benjamin) |
| Filing 23 Plaintiffs' Opposition to Motion to Dismiss by U.S. Bank National Association, Anyd Cecere, Kathy Sandoval and Any Nguyen Pursuant to FRCP 12(b)(6) #18 filed by Plaintiff Hudena James. (Attachments: #1 Proposed Order)(bp) Modified on 6/25/2019 (jp). |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for 4/1/2019 at 09:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. Rule 26 Meeting Report due by 3/25/2019. (rrp)
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| Filing 21 NOTICE of Continuance of NOTICE OF MOTION AND MOTION to Strike Complaint Under Fed. R. Civil Procedure Rule 12(b)(6) Complaint - (Discovery), #1 #18 reset to 01/07/2019 at 9:00 AM (Trachtman, Benjamin) |
| Filing 20 CERTIFICATE of Interested Parties filed by Defendant Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association, identifying U.S. Bancorp. (Trachtman, Benjamin) |
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Filing 19
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Strike Complaint #18 , noticed for hearing on 02/11/2019 at 9:00 am HAS BEEN ADVANCED TO 01/07/2019 at 9:00 am. Counsel for defendants shall file the mandatory Notice of Interested Parties before 3:00 pm on November 20, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 18 NOTICE OF MOTION AND MOTION to Strike Complaint Under Fed. R. Civil Procedure Rule 12(b)(6) Complaint - (Discovery), #1 filed by Defendant Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bank National Association. Motion set for hearing on 2/11/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities in Support of Rule 12 Motion, #2 Proposed Order Granting Rule 12 Motion) (Trachtman, Benjamin) |
| Filing 17 PROOF OF SERVICE- ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Mercedes Green, Hudena James, upon Defendant Acknowledgment of Service signed by Julie A. Hamlin, Esq., Defendant U.S. Bank National Association. (et) Modified on 6/25/2019 (jp). |
| Filing 16 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Mercedes Green, Hudena James. upon US Bank National Association aka U.S. Bank waiver sent by Plaintiff on 8/22/2018, answer due 10/22/2018. Waiver of Service signed by Julie A. Hamlin, Esq. (et) Modified on 6/25/2019 (jp). |
| Filing 15 PROOF OF SERVICE- ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Mercedes Green, Hudena James, upon Defendant Acknowledgment of Service signed by Julie A. Hamlin, Esq., Defendant U.S. Bancorp. (et) Modified on 6/25/2019 (jp). |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Mercedes Green, Hudena James. upon US Bancorp waiver sent by Plaintiff on 8/22/2018, answer due 10/22/2018. Waiver of Service signed by Julie A. Hamlin, Esq. (et) Modified on 6/25/2019 (jp). |
| Filing 13 PROOF SERVICE- ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Mercedes Green, Hudena James, upon Defendant Acknowledgment of Service signed by Julie A. Hamlin, Esq., For Defendant Andy Cecere. (et). Modified on 6/25/2019 (jp). |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Mercedes Green, Hudena James. upon Andy Cecere waiver sent by Plaintiff on 8/22/2018, answer due 10/22/2018. Waiver of Service signed by Julie A. Hamlin, Esq. (et) Modified on 6/25/2019 (jp). |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Mercedes Green, Hudena James, upon Defendant Andy Cecere served on 10/15/2018, answer due 11/5/2018; US Bancorp served on 10/15/2018, answer due 11/5/2018; US Bank National Association served on 10/15/2018, answer due 11/5/2018. Served on the Agent of Process, CT Corporation. (bp) Modified on 6/25/2019 (jp). |
| Filing 10 DECLARATION RE SERVICE UPON DEFENDANTS KATHY SANDOVAL AND ANY NGUYEN filed by Plaintiffs Mercedes Green, Hudena James. (bp) Modified on 6/25/2019 (jp). |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Mercedes Green, Hudena James. upon Andy Nguyen waiver sent by Plaintiff on 9/6/2018, answer due 11/5/2018. Waiver of Service signed by Julie A. Hamlin, Esq.. Modified on 6/25/2019 (jp). |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by Plaintiff Mercedes Green, Hudena James. upon Kathy Sandoval waiver sent by Plaintiff on 9/6/2018, answer due 11/5/2018. Waiver of Service signed by Julie A. Hamlin, Esq.. (bp) . Modified on 6/25/2019 (jp). |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to Andy Cecere answer now due 11/19/2018; US Bancorp answer now due 11/19/2018; Kathy Sandoval answer now due 11/19/2018; Andy Nguyen answer now due 11/19/2018; US Bank National Association answer now due 11/19/2018, filed by Defendants Andy Cecere; US Bancorp; Kathy Sandoval; Andy Nguyen; US Bank National Association.(Attorney Benjamin R Trachtman added to party Andy Cecere(pty:dft), Attorney Benjamin R Trachtman added to party Andy Nguyen(pty:dft), Attorney Benjamin R Trachtman added to party Kathy Sandoval(pty:dft), Attorney Benjamin R Trachtman added to party US Bancorp(pty:dft), Attorney Benjamin R Trachtman added to party US Bank National Association(pty:dft))(Trachtman, Benjamin) |
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Filing 6
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (vv)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Sheri Pym. (et) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Mercedes Green, Hedena James. (et) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Andy Cecere, Andy Nguyen, Kathy Sandoval, US Bancorp, US Bank National Association. (et) |
| Filing 1 COMPLAINT against Defendants Andy Cecere, Does 1-10, Andy Nguyen, Kathy Sandoval, US Bancorp, US Bank National Association. Case assigned to Judge R. Gary Klausner for all further proceedings. Discovery referred to Magistrate Judge Sheri Pym. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiffs Mercedes Green, Hedena James. (Attachments: #1 Civil Cover Sheet) (et) |
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