Osei v. Countrywide Home Loans et al
| Patrick Osei |
| Countrywide Home Loans, Lending 1st Mortgage, Mortgage Electronic Registration Systems, Inc., Delta Mortgage & Real Estate, Jeffrey Alan Pelletier, Jeffrey Paul Olson and Jeff Bryan Delora |
| 2:2009cv01981 |
| July 17, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Lawrence K. Karlton |
| John F. Moulds |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
65
ORDER signed by Senior Judge Lawrence K. Karlton on 6/14/10, ORDERING that while the court is somewhat sympathetic to the Bank of America dfts' concerns, it nonetheless declines to exercise supplemental jurisdiction.(Kastilahn, A)
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Filing
62
ORDER signed by Senior Judge Lawrence K. Karlton on 05/11/10 ORDERING Bank of America defendants TO SHOW CAUSE within seven days why this case should not be dismissed for lack of subject matter jurisdiction; VACATING HEARING set for May 24, 2010 at 10:00 a.m. re 58 Motion to Dismiss for Lack of Jurisdiction; 59 Motion to Dismiss. (Williams, D).
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Filing
52
ORDER signed by Senior Judge Lawrence K. Karlton on 3/2/10 ORDERING that theDefendants; motions to dismiss plaintiff's first amended complaint, 19 , 21 .The court DISMISSES the following claims: Third Claim, for negligence, as to dft MERS; Six th Claim, for fraud, as to dfts MERS and CHL; Seventh Claim, for violation of California's Unfair Competition Law, as to dft MERS; Ninth Claim, for violation of the implied covenant of good faith and fair dealing, as to dfts Pelletier and Olson, insofar as this claim sounds in tort. All dismissals are without prejudice. Plaintiff is granted (21) days to file a second amended complaint. It appears that the plaintiff may truthfully amend to cure defects on some of his claims. However, plain tiff is cautioned not to re-plead insufficient claims, or to falsely plead. The court DENIES dfts' motions as to the following claims, insofar as they are premised on the theories found adequate in the analysis above: Second Claim, for violatio n of California's Rosenthal Act, as to dft CHL; Third Claim, for negligence, as to dfts CHL, Delta, Pelletier, and Olson; Fourth Claim, for violation of RESPA, as to dft CHL; Seventh Claim, for violation of California's Unfair Competition L aw, as to dft CHL; Eighth Claim, for breach of contract, as to dfts Pelletier and Olson; Ninth Claim, for violation of the implied covenant of good faith and fair dealing, as to dfts Pelletier and Olson, insofar as this claim sounds in contract. (Becknal, R)
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Filing
46
ORDER signed by Senior Judge Lawrence K. Karlton on 1/13/10, ORDERING that pltf's counsel shall pay dfts Pelletier Finance, Inc., dba Delta Mortgage & Real Estate, Jeffrey Alan Pelletier, Jeffrey Paul Olson, and Jeff Bryan Delora $612.00 no later than 30 days from the date of this order. The court further orders that pltf's counsel shall pay dfts Countrywide Home Loans, Inc. and Mortgage Electronic Registration Systems, Inc. $140.00 no later than 30 days from the date of this order. (Kastilahn, A)
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Filing
41
ORDER signed by Senior Judge Lawrence K. Karlton on 12/9/2009 ORDERING 39 Counsel for plaintiff will be SANCTIONED to pay defendants' attorneys fees for appearing at the scheduled 11/16/2009 status conference. Defendants are ORDERED to file within 14 days of the issuance of this order an affidavit stating the attorney's fees incurred by the failure of plaintiff's counsel to appear at the status conference. (Reader, L)
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Filing
39
ORDER signed by Senior Judge Lawrence K. Karlton on 11/18/09, ORDERING Counsel for pltf to SHOW CAUSE in writing within ten days of the date of this order why sanctions, including requiring pltfs' counsel to pay dfts' attorney's fees, should not issue in this case. The status (pretrial scheduling) conf is SET for January 11, 2010 at 1:30 p.m. in Courtroom 4, before Judge Karlton.(Kastilahn, A)
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Filing
33
ORDER signed by Senior Judge Lawrence K. Karlton on 10/30/09 ORDERING that the hearings on 19 , 21 and 22 motions to dismiss set for 11/09/09 are VACATED. The deadline for submission of dfts' reply memoranda, if any, remain unchanged. (Engbretson, K.)
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Filing
24
ORDER signed by Senior Judge Lawrence K. Karlton on 10/2/09 ORDERING that the court CONTINUES the hearing on the 19 Motion to Dismiss to 11/9/09 at 10:00 AM. The court further CONTINUES the status conference to 11/16/09 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Engbretson, K.)
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Filing
16
ORDER signed by Senior Judge Lawrence K. Karlton on 9/16/2009 DENYING as MOOT pending 7 12 Motions to Dismiss, 8 to Strike and pending 9 Request for Judicial Notice without prejudice. (Marciel, M)
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