Anibal Silva v. Midland Mortgage et al
| Anibal Silva |
| Midfirst Bank, Midland Mortgage, Ken Clark, Darlene Vigil, Rod Danielson, Crystal Baker and George Records |
| 5:2021cv00832 |
| May 11, 2021 |
| US District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| Racketeer/Corrupt Organization |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 127 OPPOSITION to NOTICE OF MOTION AND MOTION to Disqualify Judge John Holcomb and to transfer the case back to the Riverside Division for further proceedings, and to relinquish all jurisdiction #125 filed by Defendants Crystal Baker, Ken Clark, Midfirst Bank, Midland Mortgage, George Records, Darlene Vigil. (Attachments: #1 Proposed Order)(McGuinness, John) |
| Filing 125 NOTICE OF MOTION AND MOTION to Disqualify Judge John Holcomb and to transfer the case back to the Riverside Division for further proceedings, and to relinquish all jurisdiction filed by Plaintiff Anibal Silva. Motion set for hearing on 7/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Proposed Order) (Silva, Anibal) |
| Filing 126 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 , CCA # 21-56057. The judgment of this Court, entered December 10, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order #111 , DISMISSED in part; DENIED in part.](mat) |
Filing 124
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 filed by Anibal Silva. CCA # 21-56057. No further filings will be entertained in this closed case. (lom)
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| Filing 123 TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 121 NOTICE Plaintiff/Appellant intent of filing application for rehearing en banc of the dismissal of appeal case 22-55218 involving the order striking Plaintiffs motion for a declaratory judgment docket 116 filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibit Notice Filed in the Court of Appeals of intent of filing motion for hearing en banc)(Silva, Anibal) |
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Filing 122
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #117 filed by Anibal Silva. CCA # 22-55218. All pending motions are denied as moot.DISMISSED. (yl)
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| Filing 120 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55218 assigned to Notice of Appeal to 9th Circuit Court of Appeals #117 (yl) |
| Filing 119 DESIGNATION of Record on Appeal by Plaintiff Anibal Silva re #118 (Silva, Anibal) |
| Filing 118 FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff Anibal Silva. Amending Notice of Appeal to 9th Circuit Court of Appeals #117 Filed On: February 24, 2022; Entered On: February 24, 2022; (Attachments: #1 Exhibit Judges Order granting McGuinness Fourth ex parte application, #2 Exhibit Memo in Supp for Declaratory Judgment, #3 Exhibit First Declaration Exhibit A, pages 1-161, #4 Exhibit First Declaration Exhibit B, pages 162-266, #5 Exhibit First Declaration Exhibit C, pages 267-432, #6 Exhibit First Declaration Exhibit D, pages 433-635, #7 Exhibit Second Declaration Exhibit E, pages 636-727, #8 Exhibit Third Declaration Exhibit F, pages 728-892, #9 Exhibit First Notice Exhibit G, pages 893-897, #10 Exhibit McGuinness Fourth Ex Parte Application, #11 Exhibit Fourth Declaration with Exhibits 1 to 10, #12 Exhibit Fifth Declaration with Exhibits 1 to 7)(Silva, Anibal) |
| APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #117 as to Plaintiff Anibal Silva indicated payment was not processed online; Receipt Number: RS011652 in the amount of $505. (ap) |
| Filing 117 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Anibal Silva. Appeal of Order on Motion for Declaratory Judgment,, Order on Motion for Order, #116 . (Appeal fee of $505 paid.) (Silva, Anibal) |
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Filing 116
ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER STRIKING PLAINTIFF'S MOTION FOR A DECLARATORY JUDGMENT [ECF NO. 114] by Judge John W. Holcomb. Accordingly, it is hereby ORDERED that Plaintiff's Motion [ECF No. 113] is STRICKEN from the docket, and no response to it is required by Defendants. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 115 Opposition Opposition to McGuinness' Fourth ex parte application re: EX PARTE APPLICATION for Order for Striking Plaintiff's Motion for a Declaratory Judgment #113 #114 filed by Plaintiff Anibal Silva. (Attachments: #1 Declaration Declaration in support of Memorandum in Opposition to McGuinness' FOURTH ex parte application, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Memorandum Memorandum in Support of Request for Judicial Notice of Exhibits RJN-1 to RJN-10, #13 Memorandum Memorandum in Support of Request for Sanctions against Attorneys McGuinness and Drian, #14 Proposed Order Propose Order on Plaintiff's Opposition to McGuinness' Fourth ex parte application)(Silva, Anibal) |
| Filing 114 EX PARTE APPLICATION for Order for Striking Plaintiff's Motion for a Declaratory Judgment #113 filed by Defendants Crystal Baker, Ken Clark, Midfirst Bank, Midland Mortgage, George Records, Darlene Vigil. (Attachments: #1 Declaration of John W. McGuinness, #2 Proposed Order) (McGuinness, John) |
| Filing 113 [STRICKEN AS OF 2/24/2022 #116 ] NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Seventh Claim of Relief as to Plaintiff's Maintaining his Mortgage Payments from March 2020 to August 2021 and his Mortgage Payments being current filed by Plaintiff Anibal Silva. Motion set for hearing on 3/18/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Plaintiff's Motion for Declaratory Judgment, #2 Exhibit Declaration with attached Exhibits 1 to 32 Docket 17-1, #3 Exhibit Declaration attached Exhibits 33 to 43, Docket 17-2, #4 Exhibit Declaration attached Exhibits 44-69, Docket 17-3, #5 Exhibit Declaration attached Exhibits, Docket 17-4, #6 Exhibit Declaration attached to Notice, Dockets 70 and 70-1, #7 Exhibit Declaration attached to Complaint 5:22-CV-00049-JWH-KKx, #8 Exhibit Exhibit 1 (Midland Check Returning Excess Funds to Plaintiff) attached to Notice, Docket 112, #9 Proposed Order Proposed Order on Motion for Declaratory Judgment) (Silva, Anibal) Modified on 2/24/2022 (yl). |
| Filing 112 NOTICE Notice Pursuant to Rule 3-3 of the California State Bar Rules of Prof Conduct of Midland Mortgage Returning Plaintiff Partial Excess Funds in the amount of $6,563.79 being held since Nov 1, 2020 filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibit Check from Midland Mortgage Returning to Plaintiff Excess Funds in the amount of $6563 being held since 11-1-2020)(Silva, Anibal) |
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Filing 111
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 filed by Anibal Silva. DISMISSED in part; DENIED in part. CCA # 21-56057. (yl)
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| Filing 110 First Amended Statement of Issues on Appeal and Designation of Record AMENDED DESIGNATION of Record on Appeal by Plaintiff/Appellant Anibal Silva re #75 (Silva, Anibal) |
| Filing 109 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #24 , CCA # 21-55772. The judgment of this Court, entered August 11, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order #37 DISMISSED.](mat) |
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Filing 108
ORDER by Judge John W. Holcomb: granting #105 Non-Resident Attorney Drian, Joshua N. APPLICATION to Appear Pro Hac Vice on behalf of Midland Mortgage, MidFirst Bank, G. Jeffrey Records, Jr., Ken Clark, Darlene Vigil, and Crystal Baker, designating Grumer, Carl as local counsel. (yl)
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Filing 107
ORDER from Ninth Circuit Court of Appeals filed. Appellant's amended motion for reconsideration (Docket Entry Nos. 6, 7) is denied. See 9th Cir. R. 27-10. No further filings will be entertained in this closed case.CCA # 21-55772. (yl)
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Filing 106
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Motion to Dismiss [ECF No. 53]; Motion for Order Dismissing Chapter 13 Trustee as Defendant [ECF No. 55]; Motion to Strike [ECF No. 78]; Motion to Dismiss [ECF No. 92]; and Motion to Strike [ECF No. 97] are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on November 5, 2021. The motions stand submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 105 APPLICATION of Non-Resident Attorney Joshua N. Drian to Appear Pro Hac Vice on behalf of Defendants Crystal Baker, Ken Clark, Midfirst Bank, Midland Mortgage, George Records, Darlene Vigil (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32248539) filed by Defendants Crystal Baker, Ken Clark, Midfirst Bank, Midland Mortgage, George Records, Darlene Vigil. (Attachments: #1 Proposed Order) (Attorney Carl L Grumer added to party Crystal Baker(pty:dft), Attorney Carl L Grumer added to party Ken Clark(pty:dft), Attorney Carl L Grumer added to party Midfirst Bank(pty:dft), Attorney Carl L Grumer added to party Midland Mortgage(pty:dft), Attorney Carl L Grumer added to party George Records(pty:dft), Attorney Carl L Grumer added to party Darlene Vigil(pty:dft)) (Grumer, Carl) |
| Filing 104 REPLY Memorandum in Support NOTICE OF MOTION AND MOTION to Strike Defendants' Second Motion to Dismiss Plaintiff's Amended Complaint under Their Third FRCP Rule 12 Motion Docket 53 Request for Judicial Notice, #54 , NOTICE OF MOTION AND MOTION to Dismiss First A #97 Reply Memorandum in Support of Motion to Strike Defs Mot to Dismiss FAC filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 103 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #92 filed by Defendants Crystal Baker, Ken Clark, George Records, Darlene Vigil. (McGuinness, John) |
| Filing 102 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #92 Plaintiff's Memorandum in Opposition to Defendants George Records, Ken Clark, Darlene Vigil, and Crystal Baker motion to dismiss Plaintiff's FAC filed by Plaintiff Anibal Silva. (Attachments: #1 Verified Exhibits 1 to 5 in support of Plaintiff's oppoistion to Defendants George Records, Ken Clark, Darlene Vigil, and Crystal Baker motion to dismiss Plaintiff's FAC, #2 Exhibit 1 Court of Appealss Manual of Model Civil Jury Instructions for the District Courts of the Ninth Circuit, #3 Exhibit 2 FAC with attached Exhibits 1 to 33, #4 Exhibit 3 FAC Declaration Exhibits 33 to 43, #5 Exhibit 4 FAC Declaration Exhibits 44 to 69, #6 Exhibit 5 FAC Declaration Exhibits 70 to 107)(Silva, Anibal) |
| Filing 101 NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion, #100 (Attachments: #1 Proposed Order)(McGuinness, John) |
| Filing 100 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Defendants' Second Motion to Dismiss Plaintiff's Amended Complaint under Their Third FRCP Rule 12 Motion Docket 53 Request for Judicial Notice, #54 , NOTICE OF MOTION AND MOTION to Dismiss First A #97 filed by Defendants Crystal Baker, Ken Clark, Midfirst Bank, Midland Mortgage, George Records, Darlene Vigil. (McGuinness, John) |
| Filing 99 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Strike Rod Danielsons Chapter 13 Trustees verified motion for an order dismissing Chapter 13 Trustee as Defendant, with prejudice Docket 55 and Demand for Judge John W. Holcomb to disqualify himself pursuant to the due #78 Reply Memorandum in Support of Mot to Strike Danielson's Mot to Dismiss him as Defendant filed by Plaintiff Anibal Silva. (Attachments: #1 Verified Exhibits 1 to 17 in Support of Reply Memorandum in Support of Motion to Strike Danielson's Motion to Dismiss him as Defendant, #2 Verified Exhibits 1 to 17)(Silva, Anibal) |
| Filing 98 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Rod Danielsons Chapter 13 Trustees verified motion for an order dismissing Chapter 13 Trustee as Defendant, with prejudice Docket 55 and Demand for Judge John W. Holcomb to disqualify himself pursuant to the due #78 -- Opposition to Plaintiff's Demand for Judge John W. Holcomb to Disqualify Himself filed by Defendants Crystal Baker, Ken Clark, Midfirst Bank, Midland Mortgage, George Records, Darlene Vigil. (Attachments: #1 Proposed Order)(McGuinness, John) |
| Filing 97 NOTICE OF MOTION AND MOTION to Strike Defendants' Second Motion to Dismiss Plaintiff's Amended Complaint under Their Third FRCP Rule 12 Motion Docket 53 Request for Judicial Notice, #54 , NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 #53 filed by Plaintiff Anibal Silva. Motion set for hearing on 11/5/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Verified Exhibits in Support of Motion, #2 Exhibit 1 Filed Amended Complaint Docket 40, #3 Exhibit 2-Filed Exhibit H Docket 34-1, #4 Exhibit 3 Filed Declaration with Exhibits 1 to 32, #5 Exhibit 3 Filed Declaration Exhibits 33 to 43, #6 Exhibit 3 Filed Declaration Exhibits 44 to 69, #7 Exhibit 3 Filed Declaration Exhibits 70 to 107, #8 Exhibit 4 Filed motion in Case 21-55873, #9 Exhibit 5 Filed Notice of Appeal Docket 75, #10 Exhibit 6 Filed Defendants ex parte application Docket 19, #11 Exhibit 7 Filed Defendants Second Motion to Dismiss Silvas FAC Docket 53, #12 Exhibit 8 Filed Silvas Amended Motion for Partial Summary Judgment against Midland Mortgage, #13 Proposed Order) (Silva, Anibal) |
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Filing 96
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has reviewed Plaintiff's Notice and Request for Cross-Examination [ECF Nos. #85 & #87 ] (the "Requests"), filed on October 1, 2021 and Defendant Rod Danielson's Objection thereto [ECF No. #91 ], filed on October 4, 2021. IT IS HEREBY ORDERED that the Requests [ECF Nos. #85 & #87 ] are DENIED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 95
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on the Motions to Dismiss [ECF No. #53 & #55 ] and Motion to Strike [ECF No. #78 ], is ordered CONTINUED from October 22, 2021 and October 29, 2021 to November 5, 2021, at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 94 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #87 , Notice (Other), #85 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-->Request-->Order. Proposed Document was not submitted as separate attachment. 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. (yl) |
| Filing 93 NOTICE of Interested Parties filed by Defendants Crystal Baker, Ken Clark, George Records, Darlene Vigil, identifying Midland Financial Co.: MidFirst Bank is wholly-owned by Midland Financial Co.. (McGuinness, John) |
| Filing 92 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Crystal Baker, Ken Clark, George Records, Darlene Vigil. Motion set for hearing on 11/5/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order) (Attorney John W McGuinness added to party Crystal Baker(pty:dft), Attorney John W McGuinness added to party Ken Clark(pty:dft), Attorney John W McGuinness added to party George Records(pty:dft), Attorney John W McGuinness added to party Darlene Vigil(pty:dft)) (McGuinness, John) |
| Filing 91 OBJECTIONS to Notice (Other), #85 PURUSANT TO L.R. 7.8 OF PLAINTIFF'S REQUEST FOR THE PRESENCE OF ROD DANIELSON filed by Defendant Rod Danielson. (Danielson, Rodney) |
| Filing 90 RESPONSE IN SUPPORT OF CHAPTER 13 TRUSTEE'S VERIFIED MOTION FOR ORDER DISMISSING CHAPTER 13 TRUSTEE AS DEFENDANT, WITH PREJUDICE filed by Defendant Rod Danielson. (Attachments: #1 Declaration OF ROD DANIELSON)(Danielson, Rodney) |
| Filing 89 OPPOSITION filed by Defendant Rod Danielson. (Attachments: #1 declaration)(Danielson, Rodney) |
| Filing 88 NOTICE OF ERRATA filed by Plaintiff Anibal Silva. correcting Notice (Other), #87 , Notice (Other), #85 Correction to Local Rule 7-8 Authorizing the Presence of Declarants Crystal Baker and Rod Danielson for Cross-Examination at the Hearing of October 22, 2021 at 9:00 am (Silva, Anibal) |
| Filing 87 NOTICE Plaintiff's Request to Defendants Midland Mortgage and Midfirst Bank Under L.R. 7-8 for the presence of Crystal Baker for cross-examination at the hearing on Defendants' Motion to Dismiss FAC filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 86 EXHIBIT Filed filed by Plaintiff Anibal Silva. Notice of Adding Exhibits A to J to Plaintiffs Opposition to Defendants' Motion to Dismiss FAC as to MEMORANDUM in Opposition to Motion, #71 . (Attachments: #1 Added Exhibit A, #2 Added Exhibit B, #3 Added Exhibit C, #4 Added Exhibit D, #5 Added Exhibit E, #6 Added Exhibit F, #7 Added Exhibit G, #8 Added Exhibit H, #9 Added Exhibit I, #10 Added Exhibit J)(Silva, Anibal) |
| Filing 85 NOTICE Notice pursuant to L.R. 7-9 to Defendant Rod Danielson of Plaintiffs Request of the presence of Rod Danielson for Cross-Examination at the hearing of Rod Danielsons Motion for order dismissing the Chapter 13 Trustee as Defendant filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 84 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss defendant Rod Danielson #55 Opposition and Request to Strike Rod Danielson's Motion for Violating the Federal and Local Rules filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 82 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #81 by Deputy Clerk of Court. The document is ACCEPTED as filed. The Court resets the hearing date to Friday, October 29, 2021, at 9:00 a.m. The filing party is reminded to comply with L.R. 6-1 when setting a motion hearing date before this Court. (iva) |
| Filing 83 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56057 assigned to Notice of Appeal to 9th Circuit Court of Appeals #75 as to Plaintiff Anibal Silva. (yl) |
| Filing 81 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Strike Rod Danielsons Chapter 13 Trustees verified motion for an order dismissing Chapter 13 Trustee as Defendant, with prejudice Docket 55 and Demand for Judge John W. Holcomb to disqualify himself pursuant to the due #78 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (yl) |
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Filing 80
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendants MidFirst Bank and Midland Mortgage Co.'s Motion to Dismiss [ECF No. #53 ], is ordered CONTINUED from October 8, 2021 to October 22, 2021, at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 79 DECLARATION of Rod Danielson in support of NOTICE OF MOTION AND MOTION to Dismiss defendant Rod Danielson #55 filed by Defendant Rod Danielson. (Danielson, Rodney) |
| Filing 78 NOTICE OF MOTION AND MOTION to Strike Rod Danielsons Chapter 13 Trustees verified motion for an order dismissing Chapter 13 Trustee as Defendant, with prejudice Docket 55 and Demand for Judge John W. Holcomb to disqualify himself pursuant to the due process guarantees of the 5th and 14th Amendment of the U.S. Constitution and 28 USC 455 NOTICE OF MOTION AND MOTION to Dismiss defendant Rod Danielson #55 and Demand for the Self-Disqualification of Judge Holcomb filed by Plaintiff Anibal Silva. Motion set for hearing on 10/22/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order, #2 Verified Exhibits 1 to 31 in Support of Motion and Demand for Disqualification of Judge Holcomb) (Silva, Anibal) |
| Filing 77 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 #53 filed by Defendants Midfirst Bank, Midland Mortgage. (McGuinness, John) |
| APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #75 as to Plaintiff Anibal Silva; Receipt Number: RS011443 in the amount of $505. (lmu) |
| Filing 76 DESIGNATION of Record on Appeal by Plaintiff Anibal Silva re #75 (Silva, Anibal) |
| Filing 75 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Anibal Silva. Appeal of Order on Motion to Stay Order (other),,, Order on Motion for Order,, #72 . (Appeal fee of $505 paid.) (Silva, Anibal) |
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Filing 74
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has reviewed Plaintiff Anibal Silva's ex parte Appl. for Clarification (the "Application") [ECF No. #73 ]. The Court DENIES Silva's Application for failure to comply with L.R. 7-19.1 and L.R. 7-20. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 73 EX PARTE APPLICATION for More Definite Statement filed by Plaintiff Anibal Silva. (Silva, Anibal) |
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Filing 72
ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO STAY BRIEFING [ECF No. 62] AND DENYING PLAINTIFF'S EX PARTE APPLICATION FOR ORDER FOR A NOTICE OF LIS PENDENS [ECF No. 67] by Judge John W. Holcomb: For the foregoing reasons, the Court hereby ORDERS as follows: 1. Briefing on Silvas amended Motion for partial summary judgment is STAYED until 30 days after the Court enters an order on the motion to dismiss the Amended Complaint. 2. Silvas Application is DENIED. IT IS SO ORDERED. (See document for further details)(yl)
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| Filing 71 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 #53 Memorandum in Opposition with Exhibits A and B attached filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibit A Filed Declaration in support of Judicial Estoppel DOCKET 69-1, #2 Exhibit B Responses to Silvas QWRs sent on January 25, 2021 and April 30, 2021 by Darlene Vigil)(Silva, Anibal) |
| Filing 70 NOTICE of the 2021-2022 property tax bill paid in full filed by Plaintiff Anibal Silva. No other entity is required to pay the 2021-2022 property tax bill (Attachments: #1 Declaration in support of the 2021-2022 tax bill paid in full and that Midland Mortgage is holding the amount of $8,596.55 in excess escrow that it is refusing to return to Plaintiff)(Silva, Anibal) |
| Filing 69 Opposition to Defendants' third ex parte application Opposition re: EX PARTE APPLICATION to Stay Briefing on Plaintiff's Amended Motion For Partial Summary Judgment [ECF NOS. 17, 45], Pending the Court's Resolution of the Pending Motion to Dismiss #62 Memorandum in Opposition filed by Plaintiff Anibal Silva. (Attachments: #1 Declaration is support of Judicial Estoppel of Defendants Arguments that Contradict Prior Arguments in this District)(Silva, Anibal) |
| Filing 68 OPPOSITION to EX PARTE APPLICATION for Order for A Notice of Lis Pendens and to Strike the Second Motion of Defendants to Dismiss Plaintiff's First Amended Complaint Under Their Third FRCP Rule 12 Motion #67 filed by Defendants Midfirst Bank, Midland Mortgage. (Attachments: #1 Proposed Order)(McGuinness, John) |
| Filing 67 EX PARTE APPLICATION for Order for A Notice of Lis Pendens and to Strike the Second Motion of Defendants to Dismiss Plaintiff's First Amended Complaint Under Their Third FRCP Rule 12 Motion filed by Plaintiff Anibal Silva. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application, #2 First Amended Complaint, #3 Silva's Declaration with Exhibits 1 to 32, #4 Silva's Declaration Exhibits 33 to 43, #5 Silva's Declaration Exhibits 44 to 69, #6 Silva's Declaration Exhibits 70 to 107, #7 Amended Moton for Partial Summary Judgment Against Midland Mortgage, #8 Statement of Issues on Appeal in Court of Appeals Case 21-55772, #9 Proposed Order) (Silva, Anibal) |
| Filing 66 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant Crystal Baker served on 9/13/2021, answer due 10/4/2021. Service of the Summons and Complaint were executed upon John McGuinness, the attorney of Crystal Baker, was served using the Court's Electronic Filing System pursuant to FRCP Rule 5(b)(1) and (b)(2)(E) in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Legal Process of Service executed pursuant to FRCP Rule 5(b)(1) and (b)(2)(E) (Attachments: #1 Declaration in support of Legal Process of Service on Crystal Baker)(Silva, Anibal) |
| Filing 65 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant Darlene Vigil served on 9/13/2021, answer due 10/4/2021. Service of the Summons and Complaint were executed upon John McGuinness, the attorney of Darlene Vigil, was served using the Court's Electronic Filing System pursuant to FRCP Rule 5(b)(1) and (b)(2)(E) in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Legal Process of Service executed pursuant to FRCP Rule 5(b)(1) and (b)(2)(E) (Attachments: #1 Declaration is support of Legal Process of Service on Darlene Vigil)(Silva, Anibal) |
| Filing 64 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant Ken Clark served on 9/13/2021, answer due 10/4/2021. Service of the Summons and Complaint were executed upon John McGuinness, the attorney of Ken Clark, was served using the Court's Electronic Filing System pursuant to FRCP Rule 5(b)(1) and (b)(2)(E) in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Legal Process of Service executed pursuant to FRCP Rule 5(b)(1) and (b)(2)(E) (Attachments: #1 Declaration is support of Legal Process of Service on Ken Clark)(Silva, Anibal) |
| Filing 63 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant George Records served on 9/13/2021, answer due 10/4/2021. Service of the Summons and Complaint were executed upon John McGuinness, the attorney of George Records, was served using the Court's Electronic Filing System pursuant to FRCP 5(b)(1) and (b)(2)(E) in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Legal Process of Service executed pursuant to FRCP 5(b)(1) and (b)(2)(E) (Attachments: #1 Declaration in support of service of legal process to George Records)(Silva, Anibal) |
| Filing 62 EX PARTE APPLICATION to Stay Briefing on Plaintiff's Amended Motion For Partial Summary Judgment [ECF NOS. 17, 45], Pending the Court's Resolution of the Pending Motion to Dismiss filed by Defendants Midfirst Bank, Midland Mortgage. (Attachments: #1 Declaration of John McGuinness in Support, #2 Exhibit A to McGuiness Declaration, #3 Proposed Order) (McGuinness, John) |
| Filing 61 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 #53 by Deputy Clerk of Court. The document is ACCEPTED as filed. The hearing information is accurate. (iva) |
| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 #53 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (yl) |
| Filing 59 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant Midland Mortgage served on 9/8/2021, answer due 9/29/2021. Service of the Summons and Complaint were executed upon John McGuinness - Attorney for Midland Mortgage in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. John McGuinness, the attorney of Midland Mortgage, was served using the Court's Electronic Filing System pursuant to FRCP Rule 5(b)(1) and (2)(E) (Silva, Anibal) |
| Filing 58 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant Midfirst Bank served on 9/8/2021, answer due 9/29/2021. Service of the Summons and Complaint were executed upon John McGuinness-Attorney for Midfirst Bank in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. John McGuinness, the attorney of Midfirst Bank, was served using the Court's Electronic Filing System pursuant to FRCP Rule 5(b)(1) and (2)(E) (Silva, Anibal) |
| Filing 57 PROOF OF SERVICE Executed by Plaintiff Anibal Silva, upon Defendant Rod Danielson served on 9/8/2021, answer due 9/29/2021. Service of the Summons and Complaint were executed upon Rod Danielson - Defendant in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Rod Danielson served by the Court's Electronic-Filing System pursuant to FRCP Rule 5(b)(2)(E) (Silva, Anibal) |
| Filing 56 PROOF OF SERVICE filed by defendant Rod Danielson, re NOTICE OF MOTION AND MOTION to Dismiss defendant Rod Danielson #55 served on 9/7/2021. (Danielson, Rodney) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss defendant Rod Danielson filed by Defendant Rod Danielson. Motion set for hearing on 10/22/2021 at 09:00 AM before Judge John W. Holcomb. (Attorney Rodney A Danielson added to party Rod Danielson(pty:dft)) (Danielson, Rodney) |
| Filing 54 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 #53 filed by Defendants Midfirst Bank, Midland Mortgage. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Proposed Order)(McGuinness, John) |
| Filing 53 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #40 filed by Defendants Midfirst Bank, Midland Mortgage. Motion set for hearing on 10/8/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Crystal Baker in Support, #3 Proposed Order) (McGuinness, John) |
| Filing 52 21 DAY Summons Issued on Amended Complaint #40 as to Defendant Midland Mortgage. (yl) |
| Filing 51 21 DAY Summons Issued re Amended Complaint/Petition, #40 as to Defendant Crystal Baker. (yl) |
| Filing 50 21 DAY Summons Issued on Amended Complaint #40 as to Defendants Midfirst Bank, Through its Divisions, First Century Bank and Midfirst Bank, Through Its Division, First Century Bank (yl) |
| Filing 49 21 DAY Summons Issued #40 as to Defendant George Records. (yl) |
| Filing 48 21 DAY Summons Issued on amended complaint #40 as to Defendant Ken Clark. (yl) |
| Filing 47 21 DAY Summons Issued on Amended Complaint #40 as to Defendant Darlene Vigil. (yl) |
| Filing 46 21 DAY Summons Issued re Amended Complaint/Petition, #40 as to Defendant Rod Danielson. (yl) |
| Filing 45 Amendment to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to As to the Second and Third Claims of Relief against Midland Mortgage #17 Amended Notice and Amended Motion for Partial Summary Judgment as to the Second, Third, and Fourt Claim of Relief against Midland Mortgage filed by Plaintiff Anibal Silva. (Attachments: #1 Amended Memorandum in Support of Amended Motion for Parial Summary Judgment against Midland Mortgage, #2 Amended Proposed Order, #3 Declaration with Exhibits 1 to 32 Filed July 9 Docket 17-1, #4 Amended Proposed Statement of Uncontroverted Facts Filed July 19 Docket 22-1, #5 Amended Complaint Filed August 23 Docket 40)(Silva, Anibal) |
| Filing 44 Request for Clerk to Issue Summons on Amended Complaint/Petition, #40 filed by Plaintiff Anibal Silva. (Attachments: #1 Summons for Midland Mortgage, #2 Summons for Midfirst Bank, #3 Summons for George Records, #4 Summons for Ken Clark, #5 Summons for Darlene Vigil, #6 Summons for Rod Danielson, #7 Summons for Crystal Baker)(Silva, Anibal) |
| Filing 43 21 DAY Summons Issued on Amended Complaint/Petition, #40 as to Defendant Midfirst Bank. (yl) |
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Filing 42
(IN CHAMBERS) ORDER by Judge John W. Holcomb: On August 23, 2021, Plaintiff filed a First Amended Complaint [ECF No. 40]. In view of Plaintiff's amendment of its complaint, Defendants' pending Motion to Dismiss [ECF No. 30] is hereby DENIED as moot. The hearing on this motion scheduled for September 10, 2021, is hereby VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 41 Request for Clerk to Issue Summons on Amended Complaint/Petition, #40 filed by Plaintiff Anibal Silva. (Attachments: #1 Summonses Midfirst Bank-Records-Clark-Vigil-Danielson-Baker)(Silva, Anibal) |
| Filing 40 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), #1 JURY DEMAND, filed by Plaintiff Anibal Silva (Attachments: #1 Exhibits 1 to 3 attached to the Amended Complaint, #2 Disclosures required by the Local Rules 7.1-1 and 83-1.1)(Silva, Anibal) |
| Filing 39 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #30 Memorandum in Opposition to Defendants motion to dismiss filed by Plaintiff Anibal Silva. (Silva, Anibal) |
| Filing 38 NOTICE of filing in the court of appeals case 21-55772 amended motion pursuant to circuit rule 27-10 for reconsideration of order dismissing appeal Case filed by Plaintiff Anibal Silva. (Attachments: #1 Amended Motion for reconsideration of Dismissal of Appeals Case filed in Court of Appeals Case 21-55772)(Silva, Anibal) |
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Filing 37
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #24 filed by Anibal Silva. CCA # 21- 55772.Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. (twdb)
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Filing 36
ORDER by Judge John W. Holcomb: Granting #33 EX PARTE APPLICATION of Defendants For An Order Staying the Briefing on Plaintiff's Motion for Partial Summary Judgment (ECF No. #33 ). The October 1, 2021, hearing on Silvas Motion is VACATED. IT IS SO ORDERED. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 35
ORDER by Judge John W. Holcomb: Denying Plaintiff's Motion for Approval of Notice of Lis Pendens (ECF No. #11 ). SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 34 OPPOSITION to EX PARTE APPLICATION to Stay Briefing on Motion for Partial Summary Judgment #17 , pending the Court's Resolution of the Pending Motion to Dismiss #30 #33 Plaintiff's Opposition filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibits A to H in support of opposition to Midfirst second ex parte application)(Silva, Anibal) |
| Filing 33 EX PARTE APPLICATION to Stay Briefing on Motion for Partial Summary Judgment #17 , pending the Court's Resolution of the Pending Motion to Dismiss #30 filed by Defendants Midfirst Bank, Midland Mortgage. (Attachments: #1 Declaration of John McGuinness in Support, #2 Proposed Order) (McGuinness, John) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #28 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance. 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 31 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #30 filed by Defendants Midfirst Bank, Midland Mortgage. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Proposed Order)(McGuinness, John) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Midfirst Bank, Midland Mortgage. Motion set for hearing on 9/10/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Crystal Baker in Support, #3 Proposed Order) (Attorney John W. McGuinness added to party Midland Mortgage(pty:dft)) (McGuinness, John) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Defendant Midland Mortgage identifying MidFirst Bank as Corporate Parent. (McGuinness, John) |
| Filing 28 NOTICE OF SPECIAL APPEARANCE filed by Defendant Midland Mortgage. (McGuinness, John) |
| Filing 26 DESIGNATION of Record on Appeal by Plaintiff-Appellant Anibal Silva re #24 (Silva, Anibal) |
| Filing 27 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55772 assigned to Notice of Appeal to 9th Circuit Court of Appeals #24 as to plaintiff Anibal Silva. (twdb) |
| Filing 25 FILING FEE LETTER issued as to Plaintiff Anibal Silva, re Notice of Appeal to 9th Circuit Court of Appeals #24 . (mat) |
| APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #24 as to Plaintiff Anibal Silva; Receipt Number: RS011342 in the amount of $505. (lmu) |
| Filing 24 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Anibal Silva. Appeal of Order on Motion for Order,, #23 . (Appeal fee of $505 paid.) (Silva, Anibal) |
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Filing 23
ORDER FRANTING IN PART EX PARTE APPLICATION OF DEFENDANT MIDFIRST BANK FOR ORDER STRIKING PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, FOR EXTENSION OF TIME TO RESPOND TO MOTION [ECF No. 19] by Judge John W. Holcomb: an extension of time to oppose Silva's Motion. MidFirst Bank is DIRECTED to file, no later than August 16, 2021, its papers updating and amending its MSJ Opposition. Silva is DIRECTED to file its reply (if any) to MidFirst Bank's opposition no later than September 15, 2021. The hearing on Silvas Motion is CONTINUED to October 1, 2021, at 9:00 a.m. (yl)
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| Filing 22 NOTICE OF LODGING filed Amended Proposed Statement of Uncontroverted Facts and Conclusions of Law Against Midland Mortgage re Notice of Lodging, #18 (Attachments: #1 Amended Proposed Statement of Uncontroverted Facts Against Midland Mortgage, #2 Proposed Order for Amended Proposed Statement of Uncontroverted Facts)(Silva, Anibal) |
| Filing 21 OBJECTION and OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to As to the Second and Third Claims of Relief against Midland Mortgage #17 filed by Defendant Midfirst Bank. (Attachments: #1 Declaration of John McGuinness in Support, #2 Proposed Order)(McGuinness, John) |
| Filing 20 Opposition to Midfirst Bank's Ex Parte Application re: EX PARTE APPLICATION for Order for Striking Plaintiff's Motion for Partial Summary Judgment #17 , or, in the Alternative, for an Extension of Time to Respond to the Motion #19 Memorandum in Opposition filed by Plaintiff Anibal Silva. (Attachments: #1 Exhibits in support of opposition Exhibits A to D, #2 Exhibits in support of opposition Exhibits E to G, #3 Exhibits in support of opposition Exhibit H, #4 Exhibits in support of opposition Exhibit I, #5 Exhibits in support of opposition Exhibit J, #6 Exhibits in support of opposition Exhibit K, #7 Exhibits in support of opposition Exhibits L to W)(Silva, Anibal) |
| Filing 19 EX PARTE APPLICATION for Order for Striking Plaintiff's Motion for Partial Summary Judgment #17 , or, in the Alternative, for an Extension of Time to Respond to the Motion filed by Defendant Midfirst Bank. (Attachments: #1 Declaration of John McGuinness, #2 Proposed Order) (McGuinness, John) |
| Filing 18 NOTICE OF LODGING filed Proposed Statement of Uncontroverted Facts and Conclusions of Law re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to As to the Second and Third Claims of Relief against Midland Mortgage #17 (Attachments: #1 Proposed Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Order)(Silva, Anibal) |
| Filing 17 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to As to the Second and Third Claims of Relief against Midland Mortgage filed by Plaintiff Anibal Silva. Motion set for hearing on 8/6/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration in support of motion for partial summary judgment with Exhibits 1 to 32, #2 Declaration Exhibits 33 to 43, #3 Declaration Exhibits 44 to 69, #4 Declaration Exhibits 70 to 107) (Silva, Anibal) |
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Filing 16
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that Plaintiff's Motion/Request for Lis Pendens [ECF No. 11] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on July 9, 2021. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 15 REPLY Memorandum in Opposition to the Claim of Midfirst Bank that it can move to Expunge the Notice of Lis Pendens at a Later Date MOTION for Order #11 Approving Notice of Lis Pendens filed by Plaintiff Anibal Silva. (Attachments: #1 Declaration in Support of Reply Memorandum with Exhibits 1 to 30, #2 Declaration Exhibits 31 to 40, #3 Declaration Exhibits 41 to 103)(Silva, Anibal) |
| Filing 14 NOTICE OF NON-OPPOSITION to MOTION for Order #11 NOTICE OF NON-OPPOSITION TO PLAINTIFFS REQUEST FOR NOTICE OF LIS PENDENS filed by Defendant Midfirst Bank. (Attorney John W. McGuinness added to party Midfirst Bank(pty:dft))(McGuinness, John) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT RULE 7.1 DISCLOSURE STATEMENT filed by Defendant Midfirst Bank identifying Midland Financial Co. as Corporate Parent. (McGuinness, John) |
| Filing 12 NOTICE OF SPECIAL APPEARANCE filed by Defendant Midfirst Bank. (McGuinness, John) |
| Filing 11 Request for Approval of Notice of Lis Pendens on Owner-Occupied Residential Real Estate Property filed by Plaintiff Anibal Silva With Proof of Service (Silva, Anibal) Modified on 6/6/2021 (iva). |
| Filing 10 DEFENDANTS WAIVER OF SERVICE Returned Executed filed by Plaintiff Anibal Silva. upon All Defendants. Waiver of Service signed by Counsel for Defendants John W. McGuinness. (Silva, Anibal) |
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Filing 9
SELF-REPRESENTATION ORDER by Judge John W. Holcomb. (iva)
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Filing 8
ORDER by Judge John W. Holcomb: granting #6 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lom)
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Filing 7
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 6 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Anibal Silva. (yl) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Shashi H. Kewalramani. (jtil) |
| Filing 3 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants Midfirst Bank and Midland Mortgage. (Attachments: #1 Midland Mortgage) (jtil) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Anibal Silva. (jtil) |
| Filing 1 COMPLAINT filed by Plaintiff Anibal Silva against Defendant Midfirst Bank and Midland Mortgage. Case assigned to Judge John W. Holcomb for all further proceedings. Discovery referred to Magistrate Judge Shashi H. Kewalramani. (Filing fee $ 402) Jury Demand. (Attachments: #1 CV71) (jtil) |
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