Cosse, et al. v. GMAC Mortgage, LLC
| Gonzalo Alfredo Pizarro Cosse, Floricedla Castillo and Jorge R Mejia |
| GMAC Mortgage, LLC |
| 1:2009cv00258 |
| February 6, 2009 |
| US District Court for the Eastern District of California |
| Consumer Credit Office |
| Kern |
| Gary S Austin |
| Anthony W Ishii |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 8, 2009. A more recent docket listing may be available from PACER.
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| Filing 34 JUDGMENT dated *10/8/2009* pursuant to order. (Scrivner, E) |
Filing 33
ORDER CLOSING CASE, signed by Chief Judge Anthony W. Ishii on 10/7/2009. The court dismissed Plaintiff's complaint without prejudice, giving them thirty days to file an amended complaint. Plaintiff's have neither filed an amended complaint, requested additional time to respond, nor made any other contact with the court as of October 5, 2009. The court concludes that Plaintiffs are no longer seeking to prosecute this case. Per the prior order, the clerk's office is directed to close this case. CASE CLOSED. (Scrivner, E)
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| SERVICE BY MAIL: #34 Judgment, #33 Order Dismissing Case, served on Mitchell W. Roth NCAED, Rizamari Sitton. (Scrivner, E) |
| Filing 32 REQUEST for Dismissal with Prejudice by GMAC Mortgage, LLC. (Attachments: #1 Proposed Order)(Cunningham, Thomas) |
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Filing 31
ORDER Re: Motion to Dismiss #21 , signed by Chief Judge Anthony W. Ishii on 8/18/2009. GMAC'S motion to dismiss is GRANTED. Plaintiffs' complaint and all causes of action are DISMISSED without prejudice and with leave to amend. If Plaintiffs wish to proceed with this case, they must file an amended complaint within thirty (30) days of the filing of this order. Failure to timely file an amended complaint will result in closure of this case. (Amended Complaint due by 9/21/2009) (Scrivner, E)
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Filing 30
ORDER ADDING TO SERVICE LIST, signed by Chief Judge Anthony W. Ishii on 8/18/2009. The court has received the Notice of Cessation of Law Practice from Rizamari Sitton of the Office of the Chief Trial Counsel for the State Bar of California. The court understands that Ms. Sitton and the State Bar of California do not represent Plaintiffs in the case, but are managing the records of all former Roth law firm cases in which plaintiffs have not yet obtained alternate counsel. Thus, the clerks office is ordered to add Rizamari Sitton, Office of the Chief Trial Counsel, State Bar of California, 1149 South Hill Street, Los Angeles, California 90015-2299, to the service list in order for her to receive copies of this order and all future filings in this case for record keeping purposes. (Scrivner, E)
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| SERVICE BY MAIL: #30 Order, #31 Order to Dismiss with Leave to Amend, served on Mitchell W. Roth NCAED, Rizamari Sitton. (Scrivner, E) |
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Filing 29
ORDER vacating hearing date of August 17, 2009 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 8/13/09. (Nazaroff, H)
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| SERVICE BY MAIL: #29 Order served on Mitchell W. Roth NCAED. (Nazaroff, H) |
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Filing 28
ORDER Regarding Defendant's #23 Notice of Substitution of Counsel signed by Magistrate Judge Gary S. Austin on 8/11/2009. (Esteves, C)
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| Filing 27 MOTION for Hearing re #21 MOTION to DISMISS for LACK of PROSECUTION by GMAC Mortgage, LLC. Attorney Cunningham, Thomas J. added. Motion Hearing set for 8/17/2009 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Cunningham, Thomas) |
| Filing 26 MINUTE ORDER (TEXT ONLY): Due to the pending Motion to Dismiss to be heard before the District Court on 8/17/2009, the Initial Scheduling Conference currently set for 8/18/2009 HAS BEEN CONTINUED to 10/19/2009 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C) |
| Filing 25 PROPOSED ORDER On Notice Of Substitution Of Counsel re #23 Notice - Other by GMAC Mortgage, LLC. (Sison, Conrad) |
| SERVICE BY MAIL: 26 Minute Order served on Mitchell W. Roth NCAED. (Esteves, C) |
| SERVICE BY MAIL: #28 Order served on Mitchell W. Roth NCAED. (Esteves, C) |
| Filing 24 JOINT SCHEDULING REPORT by GMAC Mortgage, LLC. Attorney Sison, Conrad V. added. (Attachments: #1 Declaration Of Conrad V. Sison Regarding Joint Report)(Sison, Conrad) |
| Filing 23 NOTICE OF SUBSTITUTION OF COUNSEL by GMAC Mortgage, LLC. (McClendon, Matthew) |
| Filing 22 NOTICE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 286 by GMAC Mortgage, LLC re #21 MOTION to DISMISS for LACK of PROSECUTION. (McClendon, Matthew) |
| Filing 21 MOTION to DISMISS for LACK of PROSECUTION by GMAC Mortgage, LLC. Motion Hearing set for 8/17/2009 at 01:30 PM before Chief Judge Anthony W. Ishii. (Attachments: #1 Proposed Order On Defendant's Motion To Dismiss)(McClendon, Matthew) |
| Filing 20 MINUTE ORDER (TEXT ONLY): Due to the pending motion to dismiss under submission with the District Court, the Initial Scheduling Conference currently set for 6/15/2009 HAS BEEN CONTINUED to 8/18/2009 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C) |
| Filing 19 JOINT SCHEDULING REPORT by GMAC Mortgage, LLC. (Attachments: #1 Declaration Of Matthew B. McClendon Regarding Joint Report)(McClendon, Matthew) |
| Filing 18 MINUTE ORDER (TEXT ONLY): Due to the pending Motion to Dismiss under submission with the District Court, the Initial Scheduling Conference currently set for 4/14/2009 HAS BEEN CONTINUED to 6/15/2009 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C) |
| Filing 17 DECLARATION of Matthew B. McClendon re #16 Scheduling Report. (McClendon, Matthew) |
| Filing 16 JOINT SCHEDULING REPORT by GMAC Mortgage, LLC. (Attachments: #1 Exhibit Exhibits 1-5 to Rule 26(f) Report)(McClendon, Matthew) |
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Filing 15
ORDER vacating hearing date of March 23, 2009 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on March 19, 2009. (Nazaroff, H)
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| SERVICE BY MAIL: #15 Order served on Mitchell W. Roth NCAED (Nazaroff, H) |
| Filing 14 REPLY by GMAC Mortgage, LLC to RESPONSE to #12 AMENDED MOTION to DISMISS amending #10 MOTION to DISMISS ; Memorandum of Points and Authorities. (Attachments: #1 Request For Judical Notice, #2 Appendix of Unpublished or Electronically -Published Authorities Cited, #3 Tab 1 to 6, #4 Tab 7 to 10, #5 Tab 11 to 16, #6 Tab 17 to 22)(McClendon, Matthew) |
| Filing 13 CERTIFICATE of SERVICE by GMAC Mortgage, LLC re #3 Notice of Related Case - ATY, #4 Notice - Other - ATY, #2 Notice of Removal - ATY, #1 Civil Cover Sheet. (McClendon, Matthew) |
| Filing 12 AMENDED MOTION to DISMISS amending #10 MOTION to DISMISS ; Memorandum of Points and Authorities by GMAC Mortgage, LLC. Motion Hearing set for 3/23/2009 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (McClendon, Matthew) |
| Filing 11 DECLARATION of Matthew B. McClendon in SUPPORT OF #10 MOTION to DISMISS ; Memorandum of Points and Authorities. (Attachments: #1 Exhibit 1-4)(McClendon, Matthew) |
| Filing 10 MOTION to DISMISS ; Memorandum of Points and Authorities by GMAC Mortgage, LLC. Motion Hearing set for 3/20/2009 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Attachments: #1 Proposed Order)(McClendon, Matthew) |
| Filing 9 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by GMAC Mortgage, LLC. (McClendon, Matthew) |
| Filing 8 CLERK'S NOTICE directing Attorney Mitchell W. Roth to submit Petition to Practice in the Eastern District of California.(Robles, S) |
| SERVICE BY MAIL: #8 Clerk's Notice served on Mitchell W. Roth. (Robles, S) |
| Filing 7 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/14/2009 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Attachments: #1 Consent Forms) (Figueroa, O) |
| Filing 5 CLERK'S NOTICE to Attorney Matthew B. McClendon re #2 Notice of Removal. Advance payment of the filing fee in the amount of $350.00 is required and should be submitted electronically using the event New Case 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 will be deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Flores, E) |
| RECEIPT number #CAE100005940 $350.00 fbo GMAC Mortgage, LLC by Matthew McClendon on 2/9/2009. (Flores, E) |
| Filing 4 NOTICE of Certification of Interested Parties by GMAC Mortgage, LLC. (McClendon, Matthew) |
| Filing 3 NOTICE of RELATED CASE by GMAC Mortgage, LLC. (McClendon, Matthew) |
| Filing 2 NOTICE of REMOVAL from Superior Court for the County of Kern, case number S-1500-CV-265928-WDP. by GMAC Mortgage, LLC.(McClendon, Matthew) |
| Filing 1 CIVIL COVER SHEET by GMAC Mortgage, LLC (McClendon, Matthew) |
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