Jeffrey J. Gway et al v. ZBS Law, LLP et al
| Jeffrey J. Gway and Lillian Q. Gway |
| ZBS Law, LLP, Fay Servicing, LLC, Mortgage Electronic Registration System, WFG National-Default Services, M. C. Earle, All Persons or Entities Unknown and Does 1-100 |
| 5:2023cv00099 |
| January 20, 2023 |
| US District Court for the Central District of California |
| Sheri Pym |
| Sunshine Suzanne Sykes |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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Filing 30
MINUTE (IN CHAMBERS) ORDER DISMISSING PLAINTIFFS' CLAIM FOR FAILURE TO AMEND THE COMPLAINT by Judge Sunshine Suzanne Sykes. Plaintiffs' Complaint is hereby DISMISSED WITH PREJUDICE. (Made JS-6. Case Terminated.) (iv)
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Filing 29
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT [DKTS. #17 , #21 , & #23 ] AND VACATING THE HEARINGS SET FOR JUNE 30, 2023 by Judge Sunshine Suzanne Sykes: As such, Defendants' Motions [Dkts. 17, 21, & 23] are GRANTED and the hearing set for Friday, June 30, 2023 is hereby VACATED. Further, Plaintiffs are GRANTED leave to amend their Complaint to cure its deficiencies in compliance with this Order. (SEE ORDER FOR FURTHER DETAILS). (iva)
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Filing 28
MINUTE ORDER (IN CHAMBERS) ORDER DISMISSING DEFENDANT WFG NATIONAL-DEFAULT SERVICES FOR FAILURE TO SERVE by Judge Sunshine Suzanne Sykes. Accordingly, the Court DISMISSES Defendant WFG without prejudice from the instant action for Plaintiffs' failure to serve and respond to the OSC. (lom)
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Filing 27
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on the Motion to Dismiss [Dkt. #21 ] from June 23, 2023, to June 30, 2023, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 26
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge Sunshine S. Sykes: In view of the Affidavits of Service as to Defendants M. C. Earle; Marlo T. Arias; ZBS Law, LLP; and Fay Servicing, LLP [Dkts. 13 16], and the Motions to Dismiss by Marlon T. Arias; the Law Offices of Michael C. Earle; Michael C. Earle; Fay Servicing, LLC; Mortgage Electronic Registration System; and ZBS Law, LLP [Dkts. 17, 21, and 23], the Court hereby DISCHARGES the OSC issued on April 24, 2023 [Dkt. 12]. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 25 REQUEST FOR JUDICIAL NOTICE re Second NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant M. C. Earle. (Bouzane, John) |
| Filing 24 DECLARATION of MICHAEL EARLE RE: LOCAL RULE 7-3 Second NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant M. C. Earle. (Bouzane, John) |
| Filing 23 Second NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant M. C. Earle. Motion set for hearing on 6/30/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Bouzane, John) |
| Filing 22 NOTICE of Interested Parties filed by Defendants Fay Servicing, LLC, Mortgage Electronic Registration System, ZBS Law, LLP, (Robinson, Cathy) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Fay Servicing, LLC, Mortgage Electronic Registration System, ZBS Law, LLP. Motion set for hearing on 6/23/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order) (Attorney Cathy Knecht Robinson added to party Fay Servicing, LLC(pty:dft), Attorney Cathy Knecht Robinson added to party Mortgage Electronic Registration System(pty:dft), Attorney Cathy Knecht Robinson added to party ZBS Law, LLP(pty:dft)) (Robinson, Cathy) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case #17 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a 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. (shb) |
| Filing 19 DECLARATION of MICHAEL EARLE RE: LOCAL RULE 7-3 NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendant M. C. Earle. (Bouzane, John) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendant M. C. Earle. (Bouzane, John) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant M. C. Earle. (Attorney John Mark Edward Bouzane added to party M. C. Earle(pty:dft)) (Bouzane, John) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Lillian Q. Gway, Jeffrey J. Gway, upon Defendant Fay Servicing, LLC served on 5/9/2023, answer due 5/30/2023. Service of the Summons and Complaint were executed upon Jackson Yang who as Intake Specialist at 1505 Corporation REGISTERED AGENT SOLUTIONS, INC.is authorized by appointment or by law to receive service of process for Fay Servicing LLC. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (shb) |
| Filing 15 AFFIDAVIT OF SERVICE Executed by Plaintiff Lillian Q. Gway, Jeffrey J. Gway, upon Defendant ZBS Law, LLP served on 4/28/2023, answer due 5/19/2023 by serving Jane Doe, authorized to accept service. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (shb) Modified on 5/8/2023 (shb). |
| Filing 14 AFFIDAVIT OF NONSERVICE by affiant: Nick Shows re Complaint - (Discovery), #1 unable to serve Marlo T Arias as I could not find the subject or information as to the location of the subject's whereabouts filed by Plaintiffs Jeffrey J. Gway, Lillian Q. Gway (shb) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Lillian Q. Gway, Jeffrey J. Gway, upon Defendant M. C. Earle served on 4/21/2023, answer due 5/12/2023. Service of the Summons and Complaint were executed upon Fernando Garcia who as Front Desk Agent is authorized by appointment or by law to receive service of process for Michael C Earle, Attorney in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed (shb) |
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Filing 12
(IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes. The Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before May 15, 2023, why this action should not be dismissed, with respect to each Defendant who has not been served, for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a proof of service of the summons and complaint. IT IS SO ORDERED. (shb)
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Filing 11
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 10 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Issued #8 . The following error(s) was found: Please prepare a Summons in A Civil Action for the clerk issued to all of the defendants other than ZBS Law LLP and Fay Servicing LLC (the summons was issued for these two defendants on 2/27/20230.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (shb) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Summons Issued #8 . The following error(s) was/were found: Please prepare a Summons in A Civil Action for the clerk issued to all of the defendants other than ZBS Law LLP and Fay Servicing LLC (the summons was issued for these two defendants on 2/27/20230. 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. (shb) |
| Filing 8 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants Fay Servicing, LLC, ZBS Law, LLP. (shb) |
| Filing 7 FINANCIAL ENTRY: received $402 into the registry of the Court from Jeffrey J. Gway. Re: Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60), #6 . Receipt number RS012200. (npo) |
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Filing 6
ORDER DENYING PLAINTIFFS REQUEST TO PROCEED IN FORMA PAUPERIS [DKT. 2] by Judge Sunshine Suzanne Sykes: Plaintiffs Application to Proceed In Forma Pauperis [Dkt. 2] is DENIED WITHOUT PREJUDICE. Plaintiffs are ORDERED to file separateIFP Applications on or before March 13, 2023. IT IS SO ORDERED. (shb)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Sheri Pym. (lh) |
| Filing 2 REQUEST to Waive Court Fees filed by Plaintiff Jeffrey J. Gway. (lh) |
| Filing 1 COMPLAINT against Defendants All Persons or Entities Unknown, Does, M. C. Earle, Fay Servicing, LLC, Mortgage Electronic Registration System, WFG National-Default Services, ZBS Law, LLP.Case assigned to Judge Sunshine Suzanne Sykes for all further proceedings. Discovery referred to Magistrate Judge Sheri Pym. Jury Demanded, filed by Plaintiffs Lillian Q. Gway, Jeffrey J. Gway. (Attachments: #1 Civil Cover Sheet, #2 Summons Request, #3 Summons Request) (lh) |
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