Michelle Howe v. New American Funding
| Michelle Howe |
| New American Finding and New American Funding doing business as Broker's Solutions Inc |
| 8:2022cv01579 |
| August 24, 2022 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Karen E Scott |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant New American Funding. Motion set for hearing on 6/26/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum of Points and Authorities ISO Defendant's Motion to Compel Arbitration, #2 Declaration A. Halberda ISO Defendant's Motion to Compel Arbitration, #3 Declaration of R. Souza ISO Defendant's Motion to Compel Arbitration, #4 Proposed Order Granting Defendant's Motion to Compel Arbitration) (Whipple, Alessandra) |
| Filing 27 PROOF OF SERVICE by mail Executed by Plaintiff Michelle Howe, upon Defendant New American Funding served on 4/27/2023, answer due 5/18/2023. Service of the Summons and Complaint were executed - delivering to an agent and by mailed to Koy Saecho in compliance with State Statute. Return of service on registered agent Koy Saechao c/o CSC Lawyers Incorporating Service Inc. (twdb) |
Filing 26
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS [Dkt. #19 ] AND QUASHING SERVICE by Judge Cormac J. Carney: Because it does not appear that Plaintiff properly served Defendant, Defendant's motion to dismiss is GRANTED. However, because it appears that effective service is possible and there has been no prejudice to Defendant, the Court declines to dismiss this case and instead QUASHES service of process on Defendant. Plaintiff shall have until April 24, 2023 to properly serve Defendant. Failure to properly serve Defendant by that date may result in dismissal of Plaintiffs claims. Plaintiff shall also consider Defendant's counsel's statements made in its letters and filings before this Court that Plaintiff signed a binding agreement to arbitrate. [See document for further information] (es)
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| Filing 25 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case for Insufficient Service of Process and for Insufficient Process #19 filed by Defendant New American Funding. (Attachments: #1 Declaration of Ashley A. Halbera in Support of Reply)(Halberda, Ashley) |
| Filing 24 PROOF OF SERVICE By Mail filed by plaintiff Michelle Howe, re MEMORANDUM in Opposition to Motion, see document for further information #23 served on 3/15/23. (twdb) |
| Filing 23 MEMORANDUM in Opposition to MOTION to Dismiss Pursuant to FRCP 12(b)(6) #19 filed by Plaintiff Michelle Howe. (twdb) |
| Filing 22 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case for Insufficient Service of Process and for Insufficient Process #19 filed by Defendant New American Funding. (Whipple, Alessandra) |
| Filing 21 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on May 4, 2023. (rrp) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case for Insufficient Service of Process and for Insufficient Process #19 . 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. (twdb) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case for Insufficient Service of Process and for Insufficient Process filed by Defendant New American Funding. Motion set for hearing on 4/3/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum of Points and Authority in Support of Motion to Dismiss, #2 Declaration of A. Halberda in Support of Motion to Dismiss) (Attorney Ashley A Halberda added to party New American Funding(pty:dft)) (Halberda, Ashley) |
| Filing 18 FIRST AMENDED COMPLAINT/Original Complaint Amendment against Defendant New American Funding amending Complaint - (Discovery), #1 , filed by plaintiff Michelle Howe(twdb) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Michelle Howe, upon Defendant New American Funding served on 2/8/2023, answer due 3/1/2023. Service of the Summons and Complaint were executed upon Lawrence Tran, Paralegal in compliance with statute not specified by personal service.Original Summons NOT returned. (twdb) |
| Filing 16 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant New American Funding. (twdb) |
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Filing 15
ORDER by Judge Cormac J. Carney: Granting #14 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. (twdb)
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| Filing 14 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Michelle Howe. (twdb) (Additional attachment(s) added on 2/7/2023: #1 Proposed Order) (twdb). |
| Filing 13 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant New American Funding #11 . The Clerk cannot enter the requested relief as: No declaration as required by F.R.Civ.P 55(a). Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (twdb) |
| Filing 12 PROOF OF SERVICE by mail filed by plaintiff Michelle Howe, re REQUEST for Clerk to Enter Default against Defendant New American Finding #11 served on 1/19/23. (twdb) |
| Filing 11 REQUEST for Clerk to Enter Default against Defendant New American Finding filed by plaintiff Michelle Howe. (Attachments: #1 Proposed Order) (twdb) |
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Filing 10
ORDER GRANTING REQUEST FOR EXTENSION #9 by Judge Cormac J. Carney. Having considered Michelle Howe's Request, IT IS HEREBY ORDERED that the Request for Extension of Time is GRANTED. Plaintiff has 60 days from the date of this order to file. (rolm)
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| Filing 9 REQUEST for Extension of Time to File filed by plaintiff Michelle Howe. (Attachments: #1 Proposed Order) (twdb) |
| Filing 8 PROOF OF SERVICE by mail filed by plaintiff Michelle Howe, served on 11/23/22. (twdb) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 12/5/2022. (twdb)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (lh) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Michelle Howe, (lh) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant New American Finding. (lh) |
| Filing 1 COMPLAINT against Defendant New American Finding.Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Karen E. Scott. (Filing Fee $402 PAID) Jury Demanded, filed by Plaintiff Michelle Howe. (Attachments: #1 Civil Cover Sheet) (lh) |
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