McLean v. Fernandez, et al.
| Tammy McLean |
| Rudesindo Fernandez, District Director of the Internal Revenue Service of the United States of America, Beatrice Fernandez, Rudesindo R. Fernandez, Stenoscribe, Inc., Citibank (South Dakota), N.A. and All Persons Unknown |
| 1:2015cv00971 |
| June 25, 2015 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Dale A Drozd |
| Jennifer L Thurston |
| Real Property: Other |
| 28 U.S.C. § 1444 |
| None |
Docket Report
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This docket was last retrieved on November 7, 2016. A more recent docket listing may be available from PACER.
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Filing 40
ORDER REOPENING CASE and REMANDING to Kern County Superior Court signed by District Judge Dale A. Drozd on 11/1/2016. CASE CLOSED. Copy of remand order mailed to Kern County Superior Court. (Jessen, A)
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Filing 39
ORDER Giving Effect to Stipulation and Ordering Clerk to Close the Case #38 , signed by District Judge Dale A. Drozd on 10/11/16. CASE CLOSED (Martin-Gill, S)
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| Filing 38 STIPULATION and PROPOSED ORDER for Summary Judgment in Favor of the United States by District Director of the Internal Revenue Service of the United States of America. (Lodge, Jeffrey) |
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Filing 37
ORDER GRANTING IN PART and DENYING IN PART #36 Stipulation re: Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 10/4/2016. Settlement Conference CONTINUED to 12/5/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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| Filing 36 STIPULATION and PROPOSED ORDER for Vacate Settlement Conference re 34 Minute Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines and Hearings, by District Director of the Internal Revenue Service of the United States of America. (Lodge, Jeffrey) |
| Filing 35 MOTION for SUMMARY JUDGMENT by District Director of the Internal Revenue Service of the United States of America. Motion Hearing set for 10/18/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Points and Authorities United States' Motion for Summary Judgment, #2 Statement (Joint) of Undisputed Facts Regarding United States' Motion for Summary Judgment, #3 Declaration of Teresa Ryan in Support of United States' Motion for Summary Judgment, #4 Declaration of Jeffrey J. Lodge in Support of United States' Motion for Summary Judgment, #5 Proof of Service)(Lodge, Jeffrey) |
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Filing 34
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 8/5/2016: The Settlement Conference currently set for 8/12/2016 at 09:30 AM is CONTINUED to 10/21/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 33
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 3/24/2016: In light of the information contained in the joint status report that discovery efforts are proceeding appropriately, the Mid-Discovery Status Conference set for 3/31/2016 at 9:00 AM is VACATED. Counsel SHALL complete all discovery within the time frames set forth in the Scheduling Order. (Hall, S)
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| Filing 32 JOINT STATUS REPORT by Tammy McLean. (Attachments: #1 Proof of Service)(Brumfield, Robert) |
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Filing 31
ORDER Dismissing ONLY : All Persons Unknown (Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs' Title Thereto); this Dismissal does not affect the status of the remaining defendants named in this action, signed by District Judge Dale A. Drozd on 03/21/2016. (Martin-Gill, S)
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| Filing 30 CLERK'S ENTRY OF DEFAULT as to *Citibank (South Dakota), N.A., Beatrice Fernandez* (Martin-Gill, S) |
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Filing 29
ORDER DISCHARGING #26 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 3/15/2016. (Hall, S)
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| Filing 28 NOTICE of VOLUNTARY DISMISSAL by Tammy McLean. (Attachments: #1 Proof of Service)(Brumfield, Robert) |
| Filing 27 REQUEST FOR ENTRY OF DEFAULT as to Citibank (South Dakota), N.A. by Tammy McLean. (Attachments: #1 Proof of Service)(Brumfield, Robert) |
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Filing 26
ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to Comply With the Court's Orders, signed by Magistrate Judge Jennifer L. Thurston on 3/11/2016. Show Cause Response due within 14 days. (Hall, S)
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| Filing 25 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by District Director of the Internal Revenue Service of the United States of America. (Lodge, Jeffrey) |
| Filing 24 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Tammy McLean. (Attachments: #1 Proof of Service)(Brumfield, Robert) |
| Filing 23 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Tammy McLean. (Attachments: #1 Proof of Service)(Brumfield, Robert) |
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Filing 22
SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 12/4/2015. Consent/Decline Deadline 12/17/2015. Pleading Amendment Deadline 2/1/2016. Discovery Deadlines: Initial Disclosures 12/11/2015; Non-Expert 7/29/2016; Expert 7/29/2016. Mid-Discovery Status Conference set for 3/31/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 9/2/2016; Hearing by 9/30/2016. Dispositive Motion Deadlines: Filed by 10/11/2016; Hearing by 11/22/2016. Settlement Conference set for 8/12/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 1/18/2017 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Bench Trial set for 3/14/2017 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)
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| Filing 21 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 12/4/2015. Case SCHEDULED. Court to issue Order. Plaintiffs Counsel Joseph Werner present. Defendants Counsel Jeffrey Lodge (telephonic) present. Court Reporter/CD Number: ECRO/FTR (Hall). (Hall, S) |
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Filing 20
ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Judge Dale A. Drozd to the position of U.S. District Judge, this action is reassigned from *District Judge Lawrence J. O Neill* to District Judge Dale A. Drozd for all further proceedings. (Gonzalez, R)
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| Filing 19 JOINT SCHEDULING REPORT by District Director of the Internal Revenue Service of the United States of America. (Lodge, Jeffrey) |
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Filing 18
ORDER DISMISSING Defendant Stenoscribe, Inc. only re #17 Plaintiff's Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 11/13/2015. (Jessen, A)
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| Filing 17 NOTICE of VOLUNTARY DISMISSAL by Tammy McLean. (Attachments: #1 Proof of Service)(Brumfield, Robert) |
| Filing 16 SUMMONS RETURNED EXECUTED: All Defendants. (Brumfield, Robert) |
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Filing 15
MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 10/1/2015: No later than 10/26/2015, Plaintiff SHALL file proof that she has served the summons and complaint on Defendants, Beatrice Fernandez, Citibank (South Dakota), N.A., Stenoscribe, Inc. and "All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs' Title Thereto." Alternatively, Plaintiff SHALL show cause why these defendants should not be dismissed based upon her failure to comply with Fed. R. Civ. P. 4(m). The Initial Scheduling Conference, currently set for 10/26/2015 at 08:30 AM is CONTINUED to 12/4/2015 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 14
ORDER DISMISSING without Prejudice all Claims against Defendant Rudesindo R. Fernandez signed by District Judge Lawrence J. O'Neill on 8/28/2015. (Sant Agata, S)
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| Filing 13 CERTIFICATE of SERVICE by Tammy McLean re #12 Answer to Complaint. (Brumfield, Robert) |
| Filing 12 ANSWER by Tammy McLean.(Brumfield, Robert) |
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Filing 11
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has received and reviewed Defendant's objections #8 and Plaintiff's Amended Motion for Reconsideration #10 and does not believe it is necessary to set this matter for a hearing on the normal calendar. Defendant shall file any further objections to dismissal of Defendant Fernandez on or before August 26, 2015. Thereafter, the Court will take the matter under submission on the papers. The September 10, 2015 hearing is therefore VACATED signed by District Judge Lawrence J. O'Neill on August 21, 2015. (Munoz, I)
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| Filing 10 MOTION for RECONSIDERATION Amended by Tammy McLean. Motion Hearing set for 9/10/2015 at 08:30 AM in Bakersfield at 19th Street (JLT) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration, #2 Proof of Service)(Brumfield, Robert) |
| Filing 9 MOTION for RECONSIDERATION re #7 Order,, Set/Reset Deadlines and Hearings, by Tammy McLean. Motion Hearing set for 9/10/2015 at 08:30 AM in Bakersfield at 19th Street (JLT) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration, #2 Proof of Service)(Brumfield, Robert) |
| Filing 8 OBJECTIONS by Defendant District Director of the Internal Revenue Service of the United States of America to #7 Order,, Set/Reset Deadlines and Hearings,. (Lodge, Jeffrey) |
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Filing 7
ORDER re #6 Plaintiff's Dismissal of Underlying State Court Action Construed as a Request for Voluntary Dismissal and Permitting Defendant an Opportunity to Respond signed by District Judge Lawrence J. O'Neill on 8/14/2015. Response due by 8/19/2015. (Jessen, A)
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| Filing 6 NOTICE of VOLUNTARY DISMISSAL by Tammy McLean. (Brumfield, Robert) |
| Filing 5 CERTIFICATE of SERVICE by District Director of the Internal Revenue Service of the United States of America re #2 Civil New Case Documents for LJO, #1 Notice of Removal, #3 Answer to Complaint. (Lodge, Jeffrey) |
| Filing 4 SUMMONS RETURNED EXECUTED: (Brumfield, Robert) |
| Filing 3 ANSWER by District Director of the Internal Revenue Service of the United States of America.(Lodge, Jeffrey) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/26/2015 at 08:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 LJO Standing Order, #2 Consent Form, #3 VDRP) (Hellings, J) |
| Filing 1 NOTICE of REMOVAL from Kern County Superior Court, case number S-1500-cv-284445 NFT by Tammy McLean. (Attachments: #1 Civil Cover Sheet)(Lodge, Jeffrey) |
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