Banga v. Allstate Insurance Company
Plaintiff: Kamlesh Banga
Defendant: Allstate Insurance Company
Case Number: 2:2008cv01518
Filed: July 1, 2008
Court: US District Court for the Eastern District of California
Office: Truth in Lending Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 15:1692 Fair Debt Collection Act
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Date Filed Document Text
September 29, 2014 Opinion or Order Filing 141 ORDER signed by Chief Judge Morrison C. England, Jr., on 9/26/14 ORDERING that plaintiff's 136 motion to file a sur-reply is DENIED. The 129 FINDINGS AND RECOMMENDATIONS are ADOPTED IN PART and REJECTED IN PART. Plaintiff's remainin g claims, which are based on Defendant's (1) allegedly false report of a claim based on a fallen tree and (2) allegedly false report in May 2010 that the fire claim was still open, are DISMISSED WITHOUT LEAVE TO AMEND. CASE CLOSED (Kastilahn, A)
August 27, 2013 Opinion or Order Filing 129 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/27/2013 RECOMMENDING that Plaintiff's claims based on defendant's alleged false report of a fallen tree and false report in May 2010 that the fire claim was still open be dismissed without leave to amend. The Clerk be directed to close this case. Referred to Judge Lawrence K. Karlton. Objections to F&R due within 14 days. (Zignago, K.)
October 24, 2012 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/12 ORDERING on or before November 7, 2012, defendant shall file a supplemental brief specifically addressing whether and why plaintiff's claims that defendant falsely report ed a fallen tree claim and that defendant falsely reported that the fire claim was still open should be dismissed. On or before November 21, 2012, plaintiff shall file a response thereto. On or before November 28, 2012, defendant may file a reply to plaintiff's response.(Matson, R)
September 28, 2012 Opinion or Order Filing 108 ORDER signed by Judge Lawrence K. Karlton on 9/28/12 ORDERING Defendant's motion to dismiss, 92 , is GRANTED to the degree it is based upon plaintiff's claim that the reporting of payments made on the fire claim was false, and plai ntiff's Sixth Amended Complaint is DISMISSED WITH PREJUDICE to that extent; and the matter is RETURNED to the Magistrate Judge for consideration of defendant's motion to dismiss plaintiff's claims that defendant falsely reported a fallen tree claim, and that defendant falsely reported that the fire claim was still open. (Matson, R)
August 24, 2012 Opinion or Order Filing 105 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/24/12 recommending that defendant's motion to dismiss 92 be granted, and plaintiff's sixth amended complaint be dismissed without leave to amend; and the clerk be directed to close this case. Motion to Dismiss 92 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
January 6, 2012 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/6/2012 ORDERING that Plaintiff's 95 motion for appointment of counsel is DENIED. The hearing on Allstate's 92 motion to dismiss is CONTINUED to 2/29/2012. Plaintiff shall file an o pposition to the motion, or a statement of non-opposition thereto, no later than 2/15/2012. Failure of plaintiff to file an opposition will be deemed a statement of non-opposition to the pending motion, and may result in a recommendation that this ac tion be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules. See Fed. R. Civ. P. 41(b). Allstate may file a reply to plaintiff's opposition, if any, on or before 2/22/2012. (Zignago, K.)
October 31, 2011 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/31/2011 ORDERING 82 Motion to Amend the Complaint is GRANTED; w/i 7 days of the date of this order, plaintiff shall file her sixth amended complaint; defendant shall file a response to plaintiff's sixth amended complaint w/i 14 days from the date the amended complaint is filed; and defendant's 65 Motion to Dismiss the fifth amended complaint is DENIED as MOOT. (Waggoner, D)
July 28, 2011 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/11 ORDERING that Pltf's motion for an extension of time, 69 , is granted; The hrg on dft's motion to dismiss, 65 , is reset to 9/7/11, Pltf shall file an opposition to the motion, or a stmt of non-opposition thereto, by 8/24/11; Failure of pltf to file an opposition will be deemed a stmt of non-opposition to the pending motion, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules; Defendant may file a reply to plaintiff's opposition, if any, on or before 8/31/11. (Becknal, R)
April 13, 2011 Opinion or Order Filing 61 ORDER granting 59 Motion for Extension signed by Magistrate Judge Edmund F. Brennan on 4/12/11; Plaintiff has until 5/13/11 to file a fifth amended complaint.(Matson, R)
March 31, 2011 Opinion or Order Filing 58 ORDER signed by Senior Judge Lawrence K. Karlton on 3/30/2011 ORDERING The proposed 49 Findings and Recommendations, are ADOPTED; dft's 41 motion to dismiss, is GRANTED in PART and DENIED in PART; dft's motion to strike pltf's puni tive damages claim is DENIED; pltf's request to file certain documents under seal is DENIED; pltf is directed to file, within 7 days of the date of this order, a redacted version of her declaration and supporting exhibits; and pltf is also directed to file, within 14 days of the date of this order, a 5th amended complaint that is consistent with this order, the F & R's, and this court's previous orders. The 5th amended complaint shall not set forth any new claims. (Reader, L)
March 1, 2011 Opinion or Order Filing 49 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/1/2011 RECOMMENDING that Dft's 41 motion to dismiss be granted in part and denied in part. Dft's motion to strike Pltf's punitive damages claim be denied. Pltf's request to file certain documents under seal be denied. Pltf be directed to file, within 7 days of any order adopting these F&Rs, a redacted version of her declaration and supporting exhibits. Motions referred to Judge Lawrence K. Karlton. Objections to F&R due within 14 days. (Zignago, K.)
March 31, 2010 Opinion or Order Filing 39 ORDER signed by Senior Judge Lawrence K. Karlton on 3/31/10 ADOPTING 29 FINDINGS AND RECOMMENDATIONS IN PART. The court DECLINES to adopt these Findings and Recommendations as they pertain to plaintiff's Unfair Competition claim, and the court ADOPTS the remainder. Defendant's 13 Motion to Dismiss is GRANTED; Plaintiff's First Amended Complaint is DISMISSED with leave to amend; Plaintiff's 22 Motion for leave to file a second Amended Complaint is GRANTED IN PART and DEN IED IN PART. Plaintiff may amend to add claims for violation of California Civil Code 1785.26 (a) and 15 USC 1681s-2(b). Plaintiff's 37 Motion to Withdraw the Third Amended Complaint is GRANTED; Defendant's 33 Motion to Dismiss plaintif f's Third Amended Complaint is DENIED as Moot. Plaintiff is directed to file, within 30 days of the filing date of this order, a Fourth Amended Complaint setting forth only those claims identified in the Findings and Recommendations, without the addition of any new claims. (Donati, J)
January 5, 2010 Opinion or Order Filing 38 ORDER signed by Senior Judge Lawrence K. Karlton on 1/5/10 ORDERING that the hearing on this motion to dismiss is hereby VACATED. Unless and until the court orders otherwise, plaintiff need not file an opposition to the motion to dismiss the third amended complaint.(Dillon, M)
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Plaintiff: Kamlesh Banga
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