Ricardo Martin et al v. Wells Fargo Bank, N.A.
| Guadalupe Ramirez and Ricardo Martin |
| Wells Fargo Bank, N.A., Does 1 through 25 and Does 1 through 10 |
| 5:2019cv01969 |
| October 15, 2019 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| John A Kronstadt |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| None |
Docket Report
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This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.
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Filing 45
ORDER RE STIPULATION TO VACATE DISCOVERY CUT OFF DATES AND MOTION FILING DEADLINE PENDING COURT'S RULING ON MOTION FOR SUMMARY JUDGMENT AND MOTION FOR CLASS CERTIFICATION (DKT. #44 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The non-expert discovery cut-off deadline of 8/30/2021, the initial expert disclosure deadline of 9/13/2021, the rebuttal expert disclosure deadline of 10/4/2021, the expert discovery cut-off deadline of 11/8/2021, and the last day to file all motions (including discovery motions) of 11/15/2021, are vacated. Within 14 calendar days of the Court's ruling on Defendant's Motion for Summary Judgment (Dkt. #19 ) and Plaintiff's Motion for Class Certification (Dkt. #26 ), the parties shall meet and confer and submit a new proposed schedule for the discovery and motion deadlines to the Court, if so required. (jp)
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| Filing 44 Joint STIPULATION to Vacate Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines, #43 STIPULATION TO VACATE DISCOVERY CUT OFF DATES AND MOTION FILING DEADLINE PENDING COURT'S RULING ON MOTION FOR SUMMARY JUDGMENT AND MOTION FOR CLASS CERTIFICATION filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order [Proposed] Order Approving Stipulation to Vacate Discovery Cut Off Dates and Motion Filing Deadline Pending Court's Ruling on Motion for Summary Judgment and Motion for Class Certification)(Kading, Theresa) |
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Filing 43
ORDER RE STIPULATION TO CONTINUE DISCOVERY CUT OFF DATES AND MOTION FILING DEADLINE (DKT. #42 ) by Judge John A. Kronstadt, the Stipulation is APPROVED AS AMENDED. The current deadlines are amended as follows: Non-Expert Discovery Cut-Off: 8/30/2021. Initial Expert Disclosures: 9/13/2021. Rebuttal Expert Disclosures: 10/4/2021. Expert Discovery Cut-Off: 11/8/2021. Last day to file all motions (including discovery motions): 11/15/2021. (jp)
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| Filing 42 Joint STIPULATION to Continue Discovery Cut Off from May 3, 2021 to August 30, 2021 Re: Order,,,, Set/Reset Deadlines/Hearings,,,, Terminate Deadlines,,, #18 filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order [Proposed] Order Approving Stipulation to Continue Discovery Cut Off Dates and Motion Filing Deadline)(Kading, Theresa) |
| Filing 41 MINUTE OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS COMPLAINT (DKT. 19) PLAINTIFFS MOTION FOR CLASS CERTIFICATION (DKT. 26) POST MEDIATION STATUS CONFERENCE before Judge John A. Kronstadt: The hearing is held telephonically. The motion hearing is held. The Court states its tentative views that it is inclined to grant Defendants Motion for Summary Judgment, making Plaintiffs Motion for Class Certification moot. The Court also states its tentative views on the motion for class certification. Counsel address the Court. The Court takes the Motions UNDER SUBMISSION. Court Reporter: Lisa Gonzalez. (jp) |
| Filing 40 STATUS REPORT JOINT REPORT RE SETTLEMENT filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
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Filing 39
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (DKT. 26) AND GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR LEAVE TO FILE OPPOSITION (DKT. 28) by Judge John A. Kronstadt: The hearing on Plaintiffs' Motion for Class Certification ("Plaintiffs' Motion" (Dkt. #26 )) is continued from February 18, 2021 to March 15, 2021 at 8:30 a.m. This will serve judicial and party efficiency by having Plaintiffs' Motion heard concurrently with Defendant's Motion for Summary Judgment ("Defendant's Motion" (Dkt. #19 )), which is currently set for that date. The motions present certain common issues. In light of this determination, Defendant's ex parte application seeking to advance the date of the hearing on Defendant's Motion and/or to continue the date of the hearing on Plaintiffs' Motion (Dkt. #24 ) is moot. Plaintiffs' ex parte application requesting leave to file opposition to Defendant's Motion (Dkt. #28 ) is granted. The opposition to Defendants' Motion that was filed by Plaintiffs on October 26, 2020 ("Plaintiffs' Opposition" (Dkt. #29 )) is accepted. Defendant may file a reply to Plaintiffs' Opposition on or before March 1, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY.
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Filing 38
(IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (DKT. #26 ) by Judge John A. Kronstadt: The Court on its own motion, continues the Motion Hearing from January 25, 2021 to February 18, 2021, at 1:30 p.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 37 OBJECTIONS Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #26 DEFENDANT WELLS FARGO BANK, N.A.'S OBJECTIONS TO PLAINTIFF'S EVIDENCE FILED WITH REPLY BRIEF IN SUPPORT OF PLAITIFF'S MOTION FOR CLASS CERTIFICATION filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order Re: Defendant Wells Fargo Bank, N.A.'s Objections to Plaintiff's Evidence filed With Reply Brief in Support of Plaintiff's Motion for Class Certification)(Kading, Theresa) |
| Filing 36 REPLY In Support of NOTICE OF MOTION AND MOTION to Certify Class #26 filed by Plaintiff Ricardo Martin. (Attachments: #1 Supplemental Declaration of Larry W. Lee, #2 Objections to Declarations Submitted in Support of Def's Opp, #3 Response to Def's Objections)(Lee, Larry) |
| Filing 35 PROOF OF SERVICE filed by Defendant Wells Fargo Bank, N.A., served on December 1, 2020. (Kading, Theresa) |
| Filing 34 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT WELLS FARGO BANK, N.A.'S OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
| Filing 33 Wells Fargo Bank,N.A.'s Objections to Plaintiff's Evidence Filed in Support Motion for Class Certification OBJECTION re: NOTICE OF MOTION AND MOTION to Certify Class #26 filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order Re: Defendant Wells Fargo Bank, N.A.'s Objections to Plaintiff's Evidence filed in Support of Plaintiff's Motion for Class Certification)(Kading, Theresa) |
| Filing 32 Wells Fargo Bank, N.A.'s Opposition to Plaintiff's Motion for Class Certification OPPOSITION re: NOTICE OF MOTION AND MOTION to Certify Class #26 filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Declaration of Theresa A. Kading in Support of Defendant Wells Fargo Bank, N.A.'s Opposition to Plaintiff's Motion for Class Certification, #2 Declaration of Cathyleen Tautkus in Support of Defendant Wells Fargo Bank, N.A.'s Opposition to Plaintiff's Motion for Class Certification, #3 Declaration of Jessica Jenkins in Support of Defendant Wells Fargo Bank, N.A.'s Opposition to Plaintiff's Motion for Class Certification)(Kading, Theresa) |
| Filing 31 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #19 filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Declaration Supplemental Declaration of Theresa A. Kading in Support of Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment)(Kading, Theresa) |
| Filing 30 OPPOSITION OF DEFENDANT WELLS FARGO BANK, N.A. re: EX PARTE APPLICATION for Leave to file Opposition to Defendant's Motion for Summary Judgment #28 filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #19 filed by Plaintiffs Ricardo Martin, Guadalupe Ramirez. (Attachments: #1 Declaration of Dennis S. Hyun in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment, #2 Plaintiff's Statement of Genuine Disputes of Material Fact, #3 Plaintiff's Statement of Additional Controverted Facts and Conclusions of Law in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment)(Lee, Larry) |
| Filing 28 EX PARTE APPLICATION for Leave to file Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs Ricardo Martin, Guadalupe Ramirez. (Attachments: #1 Declaration of Larry W. Lee in Support of Plaintiff's Notice of Ex Parte Application, #2 Declaration of Olympia Pena in Support of Plaintiff's Notice of Ex Parte Application, #3 Proposed Order Granting Plaintiff's Ex Parte Application) (Lee, Larry) |
| Filing 27 NOTICE of Non-Opposition to Defendant Wells Fargo Bank, N.A.'s Motion for Summary Judgment filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
| Filing 26 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Ricardo Martin, Guadalupe Ramirez. Motion set for hearing on 1/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Request for Judicial Notice, #7 Proposed Order) (Lee, Larry) |
| Filing 25 Opposition re: First EX PARTE APPLICATION to Continue Class Certification and Other Dates from January 25, 2021 to March 22, 2021First EX PARTE APPLICATION for Hearing Advance Hearing on Summary Judgment Docket No. 19 #24 filed by Plaintiff Ricardo Martin. (Lee, Larry) |
| Filing 24 First EX PARTE APPLICATION to Continue Class Certification and Other Dates from January 25, 2021 to March 22, 2021, First EX PARTE APPLICATION for Hearing Advance Hearing on Summary Judgment Docket No. 19 filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Declaration Of Theresa A. Kading in Support of Wells Fargo Bank, N.A.'s Ex Parte Application to Advance Hearing Date on Defendant's Motion for Summary Judgment and/or to Continue Class Certification and Other Dates, #2 Proposed Order Granting Defendant's Ex Parte Application to Advance Hearing Date on Defendant's Motion for Summary Judgment and/or to Continue Class Certification and Other Dates) (Kading, Theresa) |
| Filing 23 PROOF OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Request for Judicial Notice #22 , Notice of Lodging, #20 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #19 , Notice of Lodging #21 served on September 25, 2020. (Kading, Theresa) |
| Filing 22 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #19 filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
| Filing 21 NOTICE OF LODGING filed [PROPOSED] JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #19 (Kading, Theresa) |
| Filing 20 NOTICE OF LODGING filed DEFENDANT WELLS FARGO BANK, N.A.'S STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #19 (Kading, Theresa) |
| Filing 19 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 3/15/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Declaration) (Kading, Theresa) |
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Filing 18
ORDER Re Stipulation to Continue Mediation, Class Certification and other Deadlines (DKT. #17 ) by Judge John A. Kronstadt, the Stipulation is GRANTED-IN-PART, and the Scheduling Order (Dkt. 12) is amended as follows: Deadline to file motion for class certification: 10/13/2020; Response to motion for class certification: 12/1/2020; Response to motion for class certification: 12/15/2020; Hearing on motion for class certification: 1/25/2021 at 8:30 AM; Last day to participate in a settlement conference/mediation: 2/26/2021; Last day to file notice of settlement/joint report re settlement: 3/5/2021; Post Mediation Status Conference: 3/15/2021 at 11:30 AM; Non-Expert Discovery Cut-Off: 5/3/2021; Initial Expert Disclosures: 5/17/2021; Rebuttal Expert Disclosures: 6/7/2021; Expert Discovery Cut-Off: 6/21/2021; Last Day to file All Motions (including discovery motions): 6/28/2021. (jp)
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| Filing 17 Joint STIPULATION to Continue MEDIATION, CLASS CERTIFICATION AND OTHER DEADLINES filed by Plaintiff Ricardo Martin. (Attachments: #1 Proposed Order)(Lee, Larry) |
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Filing 16
(IN CHAMBERS) ORDER CONTINUING HEARING ON MOTION FOR CLASS CERTIFICATION (DKT. #12 ) by Judge John A. Kronstadt. On the Court's own motion, the hearing on Motion for Class Certification is continued from September 7, 2020 to September 14, 2020 at 11:30 a.m. September 7, 2020 is is a national holiday. All other dates and deadlines remain in place. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel #14 . The following error(s) was/were found: Notice of Association of Counsel not signed by the firm Diversity Law Group and Hyun Legal APC. 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. (ak) |
| Filing 14 NOTICE of Association of Counsel associating attorney Larry W. Lee, Mai Tulyathan & Dennis S. Hyun on behalf of Plaintiffs Ricardo Martin, Guadalupe Ramirez. Filed by Plaintiffs Ricardo Martin, Guadalupe Ramirez (Lebe, Jonathan) |
| Filing 13 JOINT REPORT REGARDING AGREED UPON PRIVATE NEUTRAL re: Order/Referral to ADR (No 3) (Private Mediator) (ADR-12), #11 (Kading, Theresa) |
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Filing 12
(IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. #10 ); ANDORDER DISMISSING DOE PARTIES 11 - 25 by Judge John A. Kronstadt: The Court has reviewed the parties' 1/17/2020 Joint Report (Dkt. 10) and sets the following deadlines: Last day to amend or add parties: 3/2/2020. Deadline to file joint report regarding agreed upon private neutral: 2/12/2020. Deadline to file motion for class certification: 6/15/2020. Response to motion for class certification: 8/3/2020. Reply to motion for class certification: 8/17/2020. Hearing on motion for class certification: 9/7/2020 at 8:30 AM. Last day to participate in a settlement conference/mediation: 10/16/2020. Last day to file notice of settlement/joint report re settlement: 10/24/2020. Post Mediation Status Conference: 11/2/2020 at 11:30 AM. Non-Expert Discovery Cut-Off: 2/1/2021. Initial Expert Disclosures: 2/15/2021. Rebuttal Expert Disclosures: 3/1/2021. Expert Discovery Cut-Off: 3/15/2021. Last day to file All Motions (including discovery motions): 3/22/2021. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
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Filing 11
ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than October 16, 2020. Status Conference set for November 2, 2020 at 11:30 am before Judge John A. Kronstadt. (ake)
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| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Unknown, filed by Plaintiffs Ricardo Martin, Guadalupe Ramirez.. (Lebe, Jonathan) |
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Filing 9
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 1/17/2020. (ake)
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Filing 8
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (ake)
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge John A. Kronstadt. The case number on all documents filed with the Court in this case should read as follows: 5:19-cv-01969 JAK (KKx). (lh) |
| Filing 5 PROOF OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement, #3 , Request for Judicial Notice, #4 , Notice of Removal (Attorney Civil Case Opening) #1 served on October 16, 2019. (Kading, Theresa) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Wells Fargo Bank, N.A. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 10/15/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL)(lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 25, Wells Fargo Bank, N.A. Filed by Plaintiffs Ricardo Martin, Guadalupe Ramirez. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 8/30/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT WELLS FARGO BANK, N.A.'S NOTICE OF REMOVAL OF ACTION TO UNITED STATES DISTRICT COURT PURSUANT TO 28 U.S.C. SECTIONS 1332(d), 1441 AND 1446 filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES: (1) Ricardo Martin (Plaintiff); (2) Guadalupe Ramirez (Plaintiff); (3) Wells Fargo Bank, N.A. (Defendant); (4) Wells Fargo & Company, parent corporation of defendant Wells Fargo Bank, N.A. filed by Defendant Wells Fargo Bank, N.A. identifying Wells Fargo & Company as Corporate Parent. (Kading, Theresa) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Wells Fargo Bank, N.A.. (Kading, Theresa) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1904522 Receipt No: 0973-24605779 - Fee: $400, filed by Defendant Wells Fargo Bank, N.A.. (Attorney Theresa A Kading added to party Wells Fargo Bank, N.A.(pty:dft))(Kading, Theresa) |
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