Doo M. Ko v. U.S. Bank Trust, N.A.et al
| Doo M. Ko |
| Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Does 1 through 10, inclusive and U.S. Bank Trust, N.A. |
| 8:2019cv01963 |
| October 16, 2019 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Douglas F McCormick |
| Real Property: Other |
| 28 U.S.C. § 1444 |
| Plaintiff |
Docket Report
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Filing 29
MINUTE ORDER (IN CHAMBERS) ORDER REGARDING SANCTIONS by Judge Andrew J. Guildford: The Court has repeatedly expressed its serious concerns about these cases and the many others filed by Mr. Doo Ko that preceded them, with all concerning basically the same dispute. To address these concerns, the Court has held multiple hearings. Defendants dutifully appeared at each of these hearings, prepared to answer the Court's questions. But Mr. Chang Woo and Mr. Doo Ko have consistently failed to appear, forcing the Court to dismiss their cases and award monetary sanctions to compensate Defendants for their time. Then, when cases concerning the subject property continued to be filed, the Court set another hearing, this time ordering all three Plaintiffs to appear. Only Mr. Stephen Ko showed up and answered questions under oath. Mr. Chang Woo and Mr. Doo Ko ignored the Court's order to appear, and further sanctions against them are necessary. The Court thus ORDERS Mr. Chang Woo and Mr. Doo Ko to jointly and severally pay an additional $5,000 to Defendants. If Mr. Chang Woo and Mr. Doo Ko continue to disobey Court orders by failing to pay these monetary sanctions, the Court will be forced to impose non-monetary sanctions. (See document for further details.) (es)
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Filing 30
ORDER by Judge Andrew J. Guilford: denying #26 MOTION for Leave to Appeal In Forma Pauperis. (mat)
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| Filing 28 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56314 assigned to Notice of Appeal to 9th Circuit Court of Appeals #27 as to plaintiff Doo M. Ko. (es) |
| Filing 25 MINUTES OF ORDER TO SHOW CAUSE (EVIDENTIARY) Hearing held before Judge Andrew J. Guilford: Hearing held. Pro se plaintiffs Chang Woo and Doo Ko are not present. For the reasons stated on the record, all matters concerning, but not limited to, previously ordered sanctions, attorneys' fees, possible imprisonment of plaintiffs, dismissal of actions with prejudice are taken under submission. The Court shall issue a further order on Friday, November15, 2019 Court Reporter: Miriam Baird. (es) |
| Filing 27 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Doo M. Ko. Appeal of Judgment, #22 Filed On: 10/25/19; Entered On: 10/25/10; In forma pauperis is pending. (mat) |
| Filing 26 MOTION and Affidavit for Leave to Appeal In Forma Pauperis filed by Plaintiff Doo M. Ko. (Attachments: #1 Lodged Order) (mat) |
| Filing 24 Plaintiff's RESPONSE to Order to Show Cause #23 filed by Plaintiff Doo M. Ko (es) |
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Filing 23
MINUTE ORDER (IN CHAMBERS) ORDER SETTING SCHEDULING CONFERENCE AND ORDER TO SHOW CAUSE by Judge Andrew J. Guilford: The Court has numerous concerns about this case, principally as it relates to other cases that have been filed in this Court. The Court thus SETS a scheduling conference for Tuesday, November 12, 2019 at 10:00 a.m. At this hearing, tl1e Court also ORDERS Plaintiff to show cause why sanctions are not appropriate and why this action isn't barred by the following related cases, which the Court dismissed with prejudice on October 25, 2019- four days before this case was filed. (See order for further details.) (es)
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| Filing 22 JUDGMENT by Judge Andrew J. Guilford: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That this entire action is dismissed with prejudice; and 2. That judgment be entered in favor of defendants U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust and Caliber Home Loans, Inc. as to each and every claim, and that Plaintiff takes nothing by way of his claims. #21 (es) |
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Filing 21
ORDER by Judge Andrew J. Guilford. Plaintif Do M. Koo's ("Plaintiff") Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue ('Ex Parte Application") (Dkt. No. 12) came for hearing before this Court on October 24, 2019. After consideration of the parties' papers and arguments, the Court rules as follows. 1. Plaintiff's Ex Parte Application is DENIED; 2. This action is DISMISSED WITH PREJUDICE ON THE MERITS; and 3. Sanctions are awarded in favor of Defendants and against Plaintiff in the amount of $500. #20 (es)
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| Filing 20 AMENDED MINUTES OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE #12 held before Judge Andrew J. Guilford: Application hearing held. No appearance on behalf of Plaintiff. The Court and counsel for defendant confer regarding matters as stated on the record. For the reasons stated on the record, the Court ORDERS this action DISMISSED WITH PREJUDICE ON THE MERITS. The Court further orders sanctions against Plaintiff in the amount of $500. Counsel may lodge a proposed order and proposed judgment for the Court's review. (es) |
| Filing 19 NOTICE OF LODGING filed re Motion Hearing,,, Terminated Case,, #18 (Attachments: #1 Proposed Order, #2 Proposed Judgment)(Feng, Simon) |
| Filing 18 MINUTES OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE #12 held before Judge Andrew J. Guilford: Application hearing held. No appearance on behalf of Plaintiff. The Court and counsel for defendant confer regarding matters as stated on the record. For the reasons stated on the record, the Court ORDERS this action DISMISSED WITH PREJUDICE ON THE MERITS. The Court further orders sanctions against Plaintiff in the amount of $5,000. Counsel may lodge a proposed order and proposed judgment for the Court's review. (Made JS-6. Case Terminated.) Court Reporter: Miriam Baird. (es) |
| Filing 17 CERTIFICATE OF SERVICE filed by Defendant Caliber Home Loans, Inc., U.S. Bank Trust, N.A., re Request for Judicial Notice, #16 , Response in Opposition to Motion #15 served on October 24, 2019. (McClendon, Regina) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause #12 filed by Defendants Caliber Home Loans, Inc., U.S. Bank Trust, N.A.. (Attachments: #1 Exhibit Exhibits 1-4)(McClendon, Regina) |
| Filing 15 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause #12 filed by Defendants Caliber Home Loans, Inc., U.S. Bank Trust, N.A.. (McClendon, Regina) |
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Filing 14
MINUTE ORDER (IN CHAMBERS) ORDER REGARDING EX PARTE APPLICATION AND ORDER TO SHOW CAUSE by Judge Andrew J. Guilford: The Court thus SETS a hearing on Mr. Ko's ex parte application for tomorrow, October 24, 2019 at 11:00 A.M. Necessarily, the Court must also advance the order to show cause hearing in Chang Woo v. U.S. Bank Trust, NA. et al, SACV 19-01754 AG (DFMx), currently set for November 4, 2019, to tomorrow, October 24, 2019 at 11:00 A.M. Defendants are ORDERED to take all reasonable efforts in notifying Mr. Ko and Mr. Woo of this hearing. (See document for further details.) (es)
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:17-cv-00642 AG(DFMx). Case transferred from Judge David O. Carter and Magistrate Judge John D. Early to Judge Andrew J. Guilford and Magistrate Judge Douglas F. McCormick for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:19-cv-01963 AG(DFMx). Signed by Judge Andrew J. Guilford (rn)
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| Filing 12 Plaintiff's EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER; AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE filed by plaintiff Doo M. Ko. (Attachments: #1 Proposed Order) (es) |
| Filing 11 CERTIFICATE OF SERVICE filed by Defendants Caliber Home Loans, Inc., U.S. Bank Trust, N.A., re Notice of Assignment to United States Judges(CV-18) - optional html form #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #9 served on October 21, 2019. (Feng, Simon) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #6 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Answer to complaint. 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. (twdb) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge John D. Early. (ghap) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendants Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, re Miscellaneous Document #6 Answer to Complaint served on October 17, 2019. (Feng, Simon) |
| Filing 6 Answer to Complaint - (Discovery), filed by Defendants Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (Feng, Simon) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Caliber Home Loans, Inc., Does 1 through 10, inclusive, U.S. Bank Trust, N.A. Jury Demanded., filed by plaintiff Doo M. Ko. (FILED IN STATE COURT ON 9/9/2019 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendant Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, re Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties, #3 , Civil Cover Sheet (CV-71) #2 , Notice of Related Case(s), #4 served on October 16, 2019. (McClendon, Regina) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Related Case(s): 8:17-cv-01846-AG-DFM; 9:19-cv-01268-AG-DFM; 8:19-cv-01754-AG-DFM (McClendon, Regina) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, identifying LSF6 Service Operations, LLC; LSF6 Mid-Servicer Holdings, LLC; U.S. Bancorp. (McClendon, Regina) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (McClendon, Regina) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019-01103282 Receipt No: 0973-24614686 - Fee: $400, filed by Defendant Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Attachments: #1 Exhibit Exhibit 1) (Attorney Regina J McClendon added to party Caliber Home Loans, Inc.(pty:dft), Attorney Regina J McClendon added to party U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust(pty:dft))(McClendon, Regina) |
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