Valenzuela, et al. v. American Home Mortgage Investment Trust 2005-2, et al.
| Elvin Valenzuela and Phyllis Valenzuela |
| American Home Mortgage Investment Trust 2005-2, American Home Mortgage Securities LLC, Wells Fargo Bank, N.A. and Deutsche Bank National Trust Company |
| 1:2008cv01179 |
| August 12, 2008 |
| US District Court for the Eastern District of California |
| Truth in Lending Office |
| Fresno |
| Sandra M Snyder |
| Oliver W Wanger |
| Truth in Lending |
| 15 U.S.C. § 1640 |
| Plaintiff |
Docket Report
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Filing 80
ORDER of Voluntary Dismissal with Prejudice, signed by Judge Oliver W. Wanger on 01/26/2010. CASE CLOSED(Martin, S)
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| Filing 79 NOTICE of Withdrawal of Motion to Certify Class by Elvin Valenzuela, Phyllis Valenzuela re #67 MOTION to CERTIFY CLASS. (Tingey, Rebecca) |
| Filing 78 STIPULATION and PROPOSED ORDER for DISMISSAL OF ENTIRE ACTION WITH PREJUDICE by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company. (Attachments: #1 Proposed Order [PROPOSED] ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE)(Steiner, Michael) |
| Filing 77 APPENDIX by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company re #67 MOTION to CERTIFY CLASS filed by Elvin Valenzuela, Phyllis Valenzuela. (Attachments: #1 Exhibit 1 and 2)(Steiner, Michael) |
| Filing 76 DECLARATION of Regina J. McClendon in OPPOSITION TO #67 MOTION to CERTIFY CLASS. (Attachments: #1 Exhibit A, Part 1 of 3, #2 Exhibit A, Part 2 of 3, #3 Exhibit A, Part 3 of 3, #4 Exhibit B)(Steiner, Michael) |
| Filing 75 DECLARATION of Joffrey Long in OPPOSITION TO #67 MOTION to CERTIFY CLASS. (Attachments: #1 Exhibit A, B, and C)(Steiner, Michael) |
| Filing 74 DECLARATION of Ronaldo Reyes in OPPOSITION TO #67 MOTION to CERTIFY CLASS. (Attachments: #1 Exhibit Exhibits 1, 2, and 3)(Steiner, Michael) |
| Filing 73 OPPOSITION by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company to #67 MOTION to CERTIFY CLASS. (Steiner, Michael) |
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Filing 72
ORDER Granting Defendants' Ex Parte Application For Leave To File An Extended Opposition to Plaintiffs' Motion For Class Certification, signed by Judge Oliver W. Wanger on 12/22/2009. (Gaumnitz, R)
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| Filing 71 MOTION Withdrawal re #70 Ex Parte Application, by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company. Motion Hearing set for 3/1/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Steiner, Michael) |
| Filing 70 EX PARTE APPLICATION for Leave to File a Longer Brief in Opposition to Plaintiffs' Motion for Class Certification by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company for Leave to File a Longer Brief in Opposition to Plaintiffs' Motion for Class Certification. (Attachments: #1 Declaration Erik Kemp in Support, #2 Exhibit A to Erik Kemp Decl.: e-mail exchange, #3 Proposed Order Granting Ex Parte Application)(Kemp, Erik) |
| Filing 69 DECLARATION of Lee A. Weiss in In Support #67 MOTION to CERTIFY CLASS. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7-8)(Tingey, Rebecca) |
| Filing 68 MEMORANDUM by Elvin Valenzuela, Phyllis Valenzuela in SUPPORT of #67 MOTION to CERTIFY CLASS. (Attachments: #1 Exhibit A-M, #2 Proposed Order)(Tingey, Rebecca) |
| Filing 67 MOTION to CERTIFY CLASS by Elvin Valenzuela, Phyllis Valenzuela. Motion Hearing set for 3/1/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Tingey, Rebecca) |
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Filing 66
ORDER on Defendants' Objection to Plaintiffs' Reply or, in the Alternative, Application for Leave to File Surreply, signed by Judge Oliver W. Wanger on 9/28/2009. (Verduzco, M)
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| Filing 65 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: TELEPHONIC SCHEDULING CONFERENCE RE: CLASS CERTIFICATION BRIEFING SCHEDULE held on 9/23/2009. Court's Tentative Ruling: Schedule will be extended 60 days. Matter argued and submitted. Plaintiff's Motion to Extend Class Certification Briefing Schedule is GRANTED. The Scheduling Order entered on April 21, 2009 is AMENDED as follows: Class Certification Motion Filing Deadline: 11/17/2009, Opposition to Class Certification Motion Filing Deadline: 12/23/2009, and Reply to Class Certification Motion Filing Deadline: 1/26/2010. Motion Hearing set for 3/1/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel Telephonic appearances made by D. Arbogast and R. Tingey. Defendants Counsel Telephonic Appearances made by M. Steiner and R. McClendon. Court Reporter/CD Number: K. Lopez. (Gaumnitz, R) |
| Filing 64 MINUTE ORDER: (TEXT ENTRY ONLY) The Telephonic Scheduling Conference set for 10/2/2009 has been ADVANCED to 9/23/2009 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W) |
| Filing 63 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has a set a Telephonic Scheduling Conference re: Extention of Class Certification set for 10/2/2009 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Plaintiff's to coordinate a Conference Call into the court and call 559-499-5650 at 8:15) (Gaumnitz, R) |
| Filing 62 PROPOSED ORDER Proposed order re #61 Objections, by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company. (Attachments: #1 [Proposed] Surreply)(Kemp, Erik) |
| Filing 61 OBJECTIONS by Defendants American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company to #60 Declaration, #59 Reply. (Attachments: #1 [Proposed] Surreply, #2 Declaration Erik Kemp in Support of [Proposed] Surreply, #3 Exhibit A to Erik Kemp Dec.: ltr dtd July 17, 2009, #4 Exhibit B to Erik Kemp Decl.: ltr dtd July 21, 2009)(Kemp, Erik) |
| Filing 60 DECLARATION of Rebecca Tingey re #59 Reply, #57 Ex Parte Application,. (Tingey, Rebecca) |
| Filing 59 REPLY by Elvin Valenzuela, Phyllis Valenzuela re #57 Ex Parte Application,. (Tingey, Rebecca) |
| Filing 58 OPPOSITION by Defendants American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company to #57 Ex Parte Application,. (Kemp, Erik) |
| Filing 57 EX PARTE APPLICATION by Elvin Valenzuela, Phyllis Valenzuela for Extension of Class Certification Briefing Schedule. (Attachments: #1 Declaration of Lee A. Weiss in Support of Plaintiffs' Ex Parte Application, #2 Proposed Order)(Tingey, Rebecca) |
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Filing 56
STIPULATION and ORDER GRANTING the parties' request to modify the briefing schedule in re motion for class certification; filing deadline set for 9/23/2009 for receipt of motion for class certification; case management deadline set for 10/21/2009 for receipt of opposition to same; reply brief and hearing date to remain as previously set; order signed by Judge Oliver W. Wanger on 8/18/2009. (Rooney, M)
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| Filing 55 STIPULATION and PROPOSED ORDER for Order Adjusting Briefing Schedule for Plaintiffs' Motion for Class Certification by Elvin Valenzuela, Phyllis Valenzuela. (Attachments: #1 Proposed Order)(Tingey, Rebecca) |
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Filing 54
STIPULATED PROTECTIVE ORDER signed by Judge Oliver W. Wanger on 07/01/2009. (Flores, E)
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| Filing 53 STIPULATION and PROPOSED ORDER for Stipulated Protective Order and Proposed Order by Elvin Valenzuela, Phyllis Valenzuela. (Tingey, Rebecca) |
| Filing 52 CLERK'S ENTRY OF DEFAULT as to *American Home Mortgage Securities LLC* (Flores, E) |
| Filing 51 DECLARATION of Lee A. Weiss re #50 Request for Entry of Default. (Tingey, Rebecca) |
| Filing 50 REQUEST FOR ENTRY OF DEFAULT as to American Home Mortgage Securities LLC by Elvin Valenzuela, Phyllis Valenzuela. (Tingey, Rebecca) |
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Filing 49
SCHEDULING CONFERENCE ORDER Setting the following schedule: class certification hearing set for 12/7/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; motion for class certification due by 9/16/2009; filing deadline set for 10/14/2009 for receipt of response to motion; case management deadline set for 11/12/2009 for receipt of reply to same; order signed by Judge Oliver W. Wanger on 4/20/2009. (Rooney, M)
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| Filing 48 Defendants American Home Mortgage Investment Trust 2005-2 and Deutsche Bank National Trust Company's ANSWER to COMPLAINT by American Home Mortgage Investment Trust 2005-2, Deutsche Bank National Trust Company.(Steiner, Michael) |
| Filing 47 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: TELEPHONIC SCHEDULING CONFERENCE held on 4/17/2009. The Court to issue order. Plaintiffs Counsel L. Weiss present. Defendants Counsel E. Kemp present. (Timken, A) |
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Filing 46
ORDER Granting Defendants' Motion to Dismiss Plaintiffs' Fifth and Sixth Causes of Action without Leave to Amend, signed by Judge Oliver W. Wanger on 4/10/09. Deutsche Bank and AHMI Trust shall file an answer to the remainder of plaintiffs' complaint within 10 days.(Verduzco, M)
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Filing 45
ORDER granting defendants' motion to dismiss plaintiffs' fifth and sixth causes of action without leave to amend. Deutsche Bank and AHMI Trust shall file an answer to the remainder of plaintiffs' complaint within 10 days. Order signed by Judge Oliver W. Wanger on 4/10/2009. (Timken, A)
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| Filing 44 JOINT SCHEDULING REPORT by Elvin Valenzuela, Phyllis Valenzuela. (Tingey, Rebecca) |
| Filing 43 PROPOSED ORDER Granting Motion To Dismiss Fifth and Sixth Causes of Action Without Leave to Amend re #29 MOTION to DISMISS, #42 Memorandum, Opinion & Order,, Set/Reset Deadlines and Hearings - O,, Terminate Motions, by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. (Kemp, Erik) |
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Filing 42
MEMORANDUM, OPINION and ORDER GRANTING, without leave to amend, Motion to Dismiss the Fifth and Sixth Causes of Action filed by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., and Deutsche Bank National Trust Company #29 ; Case Management Deadline set for 4/6/2009 for receipt of proposed order re same; motion terminated; order signed by Judge Oliver W. Wanger on 3/30/2009. (Rooney, M)
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| Filing 41 TRANSCRIPT of Proceedings held on 3/16/09, before Judge Oliver W. Wanger, filed by ECRO Maribel Verduzco, Phone number: 559-499-5928, E-mail: mverduzco@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/9/2009. Redacted Transcript Deadline set for 4/20/2009. Release of Transcript Restriction set for 6/17/2009. (Verduzco, M) |
| Filing 40 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION TO DISMISS HEARING held on 3/16/2009 - matter argued & submitted - court to issue order. Plaintiffs Counsel L. Weiss present. Defendants Counsel J. Chilton present. Court Reporter/CD Number: ECRO. (Rooney, M) |
| Filing 39 MEMORANDUM by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company in SUPPORT of #29 MOTION to DISMISS. ADDITIONAL RECENT AUTHORITY IN SUPPORT OF MOTION TO DISMISS (Steiner, Michael) |
| Filing 38 MINUTE ORDER: ***TEXT ONLY ENTRY*** Due to the press of business, the Hearing re Motion to Dismiss currently set for 3/9/2009 has been continued to 3/16/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) |
| Filing 37 REPLY by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company to RESPONSE to #29 MOTION to DISMISS. Attorney Steiner, Michael J. added. (Steiner, Michael) |
| Filing 36 OPPOSITION by Elvin Valenzuela, Phyllis Valenzuela to #29 MOTION to DISMISS. (Tingey, Rebecca) |
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Filing 35
ORDER SUBSTITUTING ATTORNEY signed by Judge Oliver W. Wanger on 2/19/2009. Added Attorney Jeffrey K. Berns for Plaintiffs Elvin and Phyllis Valenzuela. Attorney Paul Robert Kiesel Terminated From Action. (Arellano, S.)
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| Filing 34 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Elvin Valenzuela, Phyllis Valenzuela. (Berns, Jeffrey) |
| Filing 33 ASSOCIATION of ATTORNEY: Added attorney Lee A. Weiss, PHV and Lee A. Weiss, PHV for Elvin Valenzuela and Phyllis Valenzuela, Rebecca Tingey, PHV and Lee A. Weiss, PHV for Elvin Valenzuela and Phyllis Valenzuela. (Weiss, Lee) |
| Filing 32 NOTICE of Disassociation of Counsel - Lee A. Weiss, Rebecca Tingey and Dreier LLP are no longer associated as counsel of record for Plaintiffs by all plaintiffs. Attorney Berns, Jeffrey Keith added. (Berns, Jeffrey) |
| Filing 31 AMENDED DOCUMENT by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. Amendment to #29 MOTION to DISMISS. (Amended Notice to Correct Date) (Kemp, Erik) |
| Filing 30 JOINDER by American Home Mortgage Investment Trust 2005-2 in re #29 MOTION to DISMISS filed by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. (Kemp, Erik) |
| Filing 29 MOTION to DISMISS by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. Attorney Kemp, Erik Wayne added. Motion Hearing set for 3/9/2009 at 10:00 AM in Courtroom 3 before Judge Oliver W. Wanger. (Kemp, Erik) |
| Filing 28 MINUTE ORDER: ***TEXT ONLY ENTRY*** Pursuant to the notice of withdrawal of suggestion of bankruptcy, #27 , the stay in this matter is lifted. A Scheduling Conference has been set for 4/17/2009 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. If counsel wish to proceed with the motion to dismiss, this motion will need to be re-noticed, (per entry 25 ), to the next available hearing date. (Timken, A) |
| Filing 27 NOTICE of Withdrawal of Suggestion of Bankruptcy, re #12 Notice of Filing Bankruptcy, by American Home Mortgage Holdings. (Sondheim, M) |
| Filing 26 NOTICE Re 10/21/08 Minute Order Staying Case by Elvin Valenzuela, Phyllis Valenzuela re 25 Minute Order, Terminate Deadlines and Hearings - O, Case Stayed - O, Set/Clear Flags - O, Terminate Motions - O,,,,,. (Tingey, Rebecca) |
| Filing 25 MINUTE ORDER: ***TEXT ONLY ENTRY*** UPON ORDER OF THE COURT, per notice that Defendant American Home Mortgage Investment has filed bankruptcy #12 , the matter is stayed. The MOTION to DISMISS, #21 , is denied without prejudice and the 12/15/2008 hearing date vacated subject to being renoticed upon the lifting of the stay, and the scheduling conference currently set for 12/3/2008 is vacated, to be reset upon the lifting of the stay. (Timken, A) |
| Filing 24 PROPOSED ORDER Proposed Order re #21 MOTION to DISMISS by Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. (Steiner, Michael) |
| Filing 23 MEMORANDUM by Wells Fargo Bank, N.A., Deutsche Bank National Trust Company in SUPPORT of #21 MOTION to DISMISS. Of Points and Authorities In Support Of Motion To Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B)(Steiner, Michael) |
| Filing 22 NOTICE Of Motion To Dismiss by Wells Fargo Bank, N.A., Deutsche Bank National Trust Company re #21 MOTION to DISMISS. (Steiner, Michael) |
| Filing 21 MOTION to DISMISS by Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. Attorney Steiner, Michael J. added. Motion Hearing set for 12/15/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Steiner, Michael) |
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Filing 20
STIPULATION and ORDER for Further Extension of Time to Respond to Plaintiffs' Complaint, signed by Judge Sandra M. Snyder on 10/10/2008. (Herman, H)
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| Filing 19 STIPULATION and PROPOSED ORDER For Extension of Time For American Home Mortgage Investment Trust 2005-2 to Respond to Plaintiffs' Complaint by American Home Mortgage Investment Trust 2005-2, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. Attorney McClendon, Regina J. added. (McClendon, Regina) |
| Filing 18 STIPULATION and PROPOSED ORDER For Further Extension of Time to Respond to Plaintiffs' Complaint by Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. Attorney McClendon, Regina J. added. (McClendon, Regina) |
| Filing 17 SUMMONS RETURNED EXECUTED by Elvin Valenzuela. Wells Fargo Bank, N.A. served on 8/27/2008, answer due 9/16/2008. (Tingey, Rebecca) |
| Filing 16 STIPULATION for an Extension of Time to Respond to Plaintiffs' Complaint by Wells Fargo Bank, N.A., Deutsche Bank National Trust Company. Attorney Kemp, Erik Wayne added. (Kemp, Erik) |
| Filing 15 SUMMONS RETURNED EXECUTED by Elvin Valenzuela. Deutsche Bank National Trust Company served on 8/27/2008, answer due 9/16/2008. (Tingey, Rebecca) |
| Filing 14 SUMMONS RETURNED EXECUTED by Elvin Valenzuela. American Home Mortgage Securities LLC served on 8/26/2008, answer due 9/15/2008. (Tingey, Rebecca) |
| Filing 13 SUMMONS RETURNED EXECUTED by Elvin Valenzuela. American Home Mortgage Investment Trust 2005-2 served on 8/26/2008, answer due 9/15/2008. (Tingey, Rebecca) |
| Filing 12 NOTICE of FILING BANKRUPTCY Upon the Record by American Home Mortgage. (Lundstrom, T) |
| Filing 11 (AMENDED) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/3/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Consent Forms, #2 VDRP Forms) (Arellano, S.) |
| Filing 10 (AMENDED) SUMMONS ISSUED as to *American Home Mortgage Investment Trust 2005-2, American Home Mortgage Securities LLC, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company* with answer to complaint due within *20* days. Attorney *David M. Arbogast, Esq.* *ARBOGAST & BERNS LLP* *19510 Ventura Blvd., Ste. 200* *Tarzana, CA 91356*. (Arellano, S.) |
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Filing 9
PRO HAC VICE ORDER Added attorney Rebecca Tingey, PHV for Elvin Valenzuela and Phyllis Valenzuela, signed by Magistrate Judge Sandra M. Snyder on 08/15/2008. (Martin, S)
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Filing 8
PRO HAC VICE ORDER Added attorney Lee A. Weiss, PHV for Elvin Valenzuela and Phyllis Valenzuela, signed by Magistrate Judge Sandra M. Snyder on 08/15/2008. (Martin, S)
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| RECEIPT number CAE100004170 for Pro Hac Vice Application fee in the amount of $180.00 by Rebecca Tingey, Esq. appearing for Plaintiffs, Elvin and Phyllis Valenzuela. (Arellano, S.) |
| RECEIPT number CAE100004171 for Pro Hac Vice Application fee in the amount of $180.00 by Lee A. Weiss, Esq. appearing for Plaintiffs, Elvin and Phyllis Valenzuela. (Arellano, S.) |
| Filing 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Elvin Valenzuela, Phyllis Valenzuela for attorney Rebecca Tingey to appear Pro Hac Vice. (Arbogast, David) |
| Filing 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Elvin Valenzuela, Phyllis Valenzuela for attorney Lee A. Weiss to appear Pro Hac Vice. (Arbogast, David) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/3/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Consent Forms, #2 VDRP Forms) (Verduzco, M) |
| Filing 4 SUMMONS ISSUED as to *American Home Mortgage Investment Trust 2005-2, American Home Mortgage Securities LLC, Wells Fargo Bank, N.A., Deutsche Bank National Trust Company* with answer to complaint due within *20* days. Attorney *David M Arbogast* *ARBOGAST & BERNS LLP* *19510 Ventura Blvd., Ste 200* *Tarzana, CA 91356*. (Verduzco, M) |
| RECEIPT number CAE100004155 for payment of civil filing fee in the amount of $350.00 by Dreier LLP fbo (P) Valenzuela on 8/12/2008. (Arellano, S.) |
| Filing 2 CIVIL COVER SHEET by Elvin Valenzuela, Phyllis Valenzuela (Arbogast, David) |
| Filing 1 COMPLAINT against all defendants by Elvin Valenzuela, Phyllis Valenzuela.(Arbogast, David) |
| Filing 3 CLERK'S NOTICE to Attorney David Arbogast re #1 Complaint. Advance payment of the filing fee in the amount of $350.00 is required and should be submitted electronically using the event NewCase Credit Card Payments. Your case will not be filed until the fee is paid (Local Rule 77-121c). If you wish to pay with cash,check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents willbe deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to theCM/ECF User's Manual on the court's website. (Flores, E) |
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