Wallace Jones v. Recontrust Company NA et al
| Wallace Jones |
| Recontrust Company NA, Deutsche Bank National Trust Company, Soundview Home Loan Trust 2007-WMCI, Hadi R Seyed-Ali, Edward Briseno, Fred T Winters, Douglas E Miles, Richard L Bauer, Jeremy T Bergstrom, Jim Taylor, Gregory Hwin, Dave Obrien, Gary Vaughn and Does 1-10, their agents, successors and/or assigns, and all person claiming by, through, or under such persons and all person unknown, claiming any legal or equitable right,title,estate, lien or interest in the land described in the petition |
| 8:2011cv01534 |
| October 4, 2011 |
| US District Court for the Central District of California |
| Robert N Block |
| Cormac J Carney |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2012. A more recent docket listing may be available from PACER.
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Filing 48
MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: DISMISSING CASE FOR FAILURETO PROSECUTE. (See document for details.) (Made JS-6. Case Terminated.) (rla)
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Filing 47
(IN CHAMBERS)ORDER TO SHOW CAUSE by Judge Cormac J. Carney, DIRECTING PLAINTIFF WALLACE JONES TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED IN ITS ENTIRETY: Court hereby ORDERS Mr. Jones to show cause why his complaint should not be dismissed in its entirety. Mr. Jones shall file and serve an opposition to the Court's order to show cause by April 27, 2012. The remaining Defendants shall file and serve any response thereto by May 4, 2012. The matter will be taken under submission upon the filing of Mr. Jones opposition and the remaining Defendants' response. Response to Order to Show Cause due by 4/27/2012. (rla)
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Filing 46
AMENDED ORDER by Judge Cormac J. Carney, GRANTING MOTION TO DISMISS WITH PREJUDICE. (See document for details.) For the foregoing reasons, Recontrust's motion to dismiss is GRANTED. The Court will issue an order to show cause as to why Mr. Jones' complaint should not be dismissed in its entirety as it fails to state any claim against any defendant for the same reasons stated in this order. (rla)
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| Filing 45 Request for Clarification of Court's Order [Docket #44] filed by Respondents Deutsche Bank National Trust Company, Recontrust Company NA, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn re: Order on Motion to Dismiss Case #44 (Werlin, Leslie) Modified on 4/19/2012 (rrp). |
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Filing 44
ORDER by Judge Cormac J. Carney: Granting Defendant's Motion to Dismiss with Prejudice #42 . (mt)
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| Filing 43 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Case for Failure to State a Claim #42 filed by Respondents Deutsche Bank National Trust Company, Recontrust Company NA, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. (Werlin, Leslie) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim filed by Defendants Deutsche Bank National Trust Company, Recontrust Company NA, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. Motion set for hearing on 4/23/2012 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order)(Werlin, Leslie) |
| Filing 41 Notice of Withdrawal of Motion to Dismiss/Lack of Prosecution, #36 filed by Defendants Deutsche Bank National Trust Company, Recontrust Company NA, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. (Werlin, Leslie) |
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Filing 40
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 08-05 by Judge James V. Selna. Case transferred from Judge James V. Selna to the calendar of Judge Cormac J. Carney for all further proceedings. Case number now reads as SACV11-01534 CJC (RNBx). (ade)
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Filing 39
MINUTE ORDER IN CHAMBERS by Judge James V. Selna: Order Vacating Rulings at Docket Nos. 29, 33, 35 and 28; Vacating Scheduling Conference re: Motion Hearing #35 , Order on Motion #29 , Order on Motion #33 , Proof of Service (subsequent documents) #28 . (twdb)
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Filing 38
MINUTE ORDER IN CHAMBERS by Judge James V. Selna: Order Requesting A Joint Rule 26(f) Report; re: #37 . On or before March 9, 2012, the parties shall file a Joint Rule 26(f) Report which complies with this Courts order setting the scheduling conference (Docket Nos. 25, 29) and Rule 26 of the Federal Rules of Civil Procedure, or a written response as to why the parties and/or counsel should not be sanctioned with monetary sanctions and/or the striking of the complaint and/or answer(s) for failure to comply with this Courts order, the Local Rules, and the Federal Rules of Civil Procedure. (twdb)
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| Filing 37 NOTICE OF COUNSEL'S ATTEMPT TO CONDUCT RULE 26(f) CONFERENCE AND PLAINTIFF'S FAILURE TO COMPLY filed by Defendants Deutsche Bank National Trust Company, Recontrust Company NA, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. (Werlin, Leslie) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Prosecution and Failure to Comply with Court Order and for Entry of Judgment; Memorandum of Points and Authorities filed by Defendants Deutsche Bank National Trust Company, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. Motion set for hearing on 3/19/2012 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order, #2 Proposed Judgment)(Werlin, Leslie) |
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge James V. Selna: Order Striking Document #33 . The Court hereby ORDERS document #33, Minutes of Motion Hearing dated 12/12/11 STRICKEN as issued in error. (twdb)
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| Filing 35 MINUTES OF Motion Hearing held before Judge James V. Selna: Defendant ReconTrust Companys Motion to Dismiss (Fld 12-9-11). Cause called and the defendants counsel makes his appearance. The Court notes that there is no appearance on behalf of the plaintiff. The Courts tentative ruling is issued. The Court and defense counsel confer. The Court GRANTS the defendants motion referenced above rules in accordance with the tentative ruling attached hereto.Court Reporter: Sharon Seffens. (twdb) |
| Filing 32 NOTICE OF NON-OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction #26 filed by Respondent Recontrust Company NA. (Werlin, Leslie) |
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Filing 31
NOTICE OF DISCREPANCY AND ORDER: by Judge James V. Selna, ORDERING Non Negotiable Notice of Claimants Non-Understanding of General Filing etc, et al submitted by Petitioner Wallace Jones received on 12/13/11 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1 No Copy for Judge; FRCP Rule 5 No Proof of Service. (Attachments: #1 PART 2, #2 PART 3, #3 PART 4, #4 PART 5, #5 PART 6) (rla)
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| Filing 30 NOTICE of Defendant Recontrust Company, N.A. of Withdrawal of Subject Matter Jurisdiction Argument in Its Presently Pending Motion to Dismiss #26 Set for Hearing January 23, 2012 filed by Defendant Recontrust Company NA. (Werlin, Leslie) |
| Filing 33 MINUTES OF Motion Hearing held before Judge James V. Selna: granting #26 Motion to Dismiss for Lack of Jurisdiction ; Cause called and the defendants counsel makes his appearance. The Court notes that there is no appearance on behalf of the plaintiff. The Courts tentative ruling is issued. The Court and defense counsel confer. The Court GRANTS the defendants motion referenced above rules in accordance with the tentative ruling attached hereto. Plaintiff shall have 30 days to amend his complaint to conform with the pleading standards set forth herein. Following the next round of briefing, it is unlikely that Plaintiff will be given leave to replead.Court Reporter: Sharon Seffens. (twdb) |
| Filing 29 MINUTES OF Motion Hearing held before Judge James V. Selna: Cause called and the parties make their appearances. The Courts tentative ruling is issued. The Court and parties confer. The Court GRANTS defendants oral request to continue the Scheduling Conference in this matter to March 14, 2012 at 11:00 a.m.The Court GRANTS the defendants motions listed above and rules in accordance with the tentative ruling attached hereto. granting #4 Motion to Dismiss ; granting #5 Motion to Dismiss Case ; granting #7 Motion to Dismiss for Lack of Jurisdiction. Scheduling Conference continued for 3/14/2012 11:00 AM before Judge James V. Selna.Court Reporter: Sharon Seffens. (twdb) |
| Filing 28 PROOF OF SERVICE filed by Defendant Recontrust Company NA, re MOTION to Dismiss for Lack of Jurisdiction #26 , Certificate/Notice of Interested Parties #27 served on December 9, 2011. (Werlin, Leslie) |
| Filing 27 Certification of Interested Parties filed by Defendant Recontrust Company NA, identifying Bank of America Corporation. (Werlin, Leslie) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Recontrust Company NA. Motion set for hearing on 1/23/2012 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order)(Werlin, Leslie) |
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Filing 25
ORDER Setting Rule 26(f) Scheduling Conference by Judge James V. Selna. Scheduling Conference set for 2/6/2012 at 11:30 AM before Judge James V. Selna. (ade)
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| Filing 24 NOTICE OF NON-OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction #7 filed by Respondents Deutsche Bank National Trust Company, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. (Werlin, Leslie) |
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Filing 23
MINUTE ORDER IN CHAMBERS by Judge James V. Selna: Continuing Hearing on Motions, re: MOTION to Dismiss Defendant From Complaint #4 , #5 . ( Motion reset for hearing on 12/12/2011 at 01:30 PM before Judge James V. Selna.) (twdb)
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| Filing 22 PROOF OF SERVICE Executed by Plaintiff Wallace Jones, upon Defendant Recontrust Company NA served on not indicated; Service of the Summons and Complaint were executed upon not given; in compliance with California Code of Civil Procedure by method of service not given; Thereafter mailed on 11/14/11 (date in the future). Original Summons NOT returned. (twdb) |
| Filing 21 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Soundview Home Loan Trust 2007-WMCI; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon (name illegible) in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Wallace Jones, upon Defendant Jim Taylor Service of the Summons and Complaint were executed upon defendant date not given in compliance with statute not specified by personal service. Thereafter by mail on (date incorrect) 11/14/11. Original Summons NOT returned. (twdb) |
| Filing 19 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Dave Obrien; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon (person not named) in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 18 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Gregory Hwin; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon (name illegible) in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 17 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Gary Vaughn; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon (illegible) in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) (Main Document 17 replaced on 11/1/2011) (rla). |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Wallace Jones, upon Defendant Edward Briseno served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon defendant in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) |
| Filing 15 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Fred T Winters; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon Rhonda White, Manager in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 14 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Hadi R Seyed-Ali; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon Rhonda White, Manager in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 13 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Jeremy T Bergstrom served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon Rhonda White, Manager in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) (Main Document 13 replaced on 11/1/2011) (rla). |
| Filing 12 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Richard L Bauer; served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon Rhonda White, Manager in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 11 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Deutsche Bank National Trust Company, served on 10/5/2011, answer due 10/26/2011. Service of the Summons and Complaint were executed upon Katie (illegible) in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (rla) |
| Filing 10 PROOF OF SERVICE Executed by petitioner Wallace Jones, upon respondent Douglas E Miles served on 10/14/2011, answer due 11/4/2011. Service of the Summons and Complaint were executed upon Douglas E Miles in compliance with statute not specified by substituted service by mail. Original Summons returned. (rla) Modified on 11/1/2011 (rla). |
| Filing 9 DISCLOSURE of Certification of Interested Parties and Disclosure Statement in Compliance with FedRCivP 7.1 and Local Rule 7.1-1. filed by Respondent Edward Briseno (Briseno, A) |
| Filing 8 Certificate of Interested Parties filed by Defendants Deutsche Bank National Trust Company, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn, identifying Gary Vaughn; Deutsche Bank; Deutsche Bank Trust Corporation; Taunus Corporation; Deutsche Bank A.G.. (Werlin, Leslie) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Deutsche Bank National Trust Company, Soundview Home Loan Trust 2007-WMCI, Gary Vaughn. Motion set for hearing on 12/12/2011 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order)(Werlin, Leslie) |
| Filing 6 Certification and Notice of Interested Parties filed by Defendants/Respondents Richard L Bauer, Jeremy T Bergstrom, Douglas E Miles, Hadi R Seyed-Ali, Fred T Winters, identifying Miles, Bauer, Bergstrom & Winters, LLP (non-party interested entity). (Rash, Wayne) |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants/Respondents Richard L Bauer, Jeremy T Bergstrom, Douglas E Miles, Hadi R Seyed-Ali, Fred T Winters. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points & Authorities)(Rash, Wayne) |
| Filing 4 NOTICE OF MOTION AND MOTION to Dismiss Defendant From Complaint filed by Defendant Edward Briseno. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of A. E. Briseno's Motion to Dismiss, #2 Proposed Order Order Granting AEB Motion to Dismiss, #3 Declaration Proof of Service re Order and POS re AEB Motion to Dismiss)(Briseno, A) |
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Filing 3
INITIAL ORDER by Judge James V. Selna: FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA: Important Notice: The Court posts tentative law and motions rulings to the internet. Please see Section P, below. COUNSEL FOR PLAINTIFF SHALL SERVE THIS ORDER ON ALL DEFENDANTS AND/OR THEIR COUNSEL ALONG WITH THE SUMMONS AND COMPLAINT, OR IF THAT IS NOT PRACTICABLE AS SOON AS POSSIBLE THEREAFTER. IF THIS CASE WAS ASSIGNED TO THIS COURT AFTER BEING REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES. (See document for further details.) IT IS SO ORDERED. (rla)
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| Filing 2 CERTIFICATION and Notice of Interested Parties filed by Petitioner Wallace Jones. (lwag) |
| Filing 1 VERIFIED COMPLAINT against Respondents Richard L Bauer, Jeremy T Bergstrom, Edward Briseno, Deutsche Bank National Trust Company, Does, Gregory Hwin, Douglas E Miles, Dave Obrien, Recontrust Company NA, Hadi R Seyed-Ali, Soundview Home Loan Trust 2007-WMCI, Jim Taylor, Gary Vaughn and Fred T Winters. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block.(Filing fee $ 350 Paid). Jury Demanded. Filed by Petitioner Wallace Jones.(lwag) |
| 21 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 as to Respondents Richard L Bauer, Jeremy T Bergstrom, Edward Briseno, Deutsche Bank National Trust Company, Gregory Hwin, Douglas E Miles, Dave Obrien, Recontrust Company NA, Hadi R Seyed-Ali, Soundview Home Loan Trust 2007-WMCI, Jim Taylor, Gary Vaughn and Fred T Winters. (lwag) |
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