Phillips v. IMS Loans, Inc.
Plaintiff: Donna L Phillips
Defendant: Wells Fargo Bank and IMS Loans, Inc.
Case Number: 2:2009cv03112
Filed: November 6, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Frank C. Damrell
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 8, 2010 Opinion or Order Filing 35 MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 10/8/2010 GRANTING 22 defendant's motion for sanctions in the form of attorneys' fees and costs against Stephen Collette in the amount of $9,371.50. (Krueger, M)
October 6, 2010 Opinion or Order Filing 32 ORDER granting 31 REQUEST to appear telephonically signed by Judge Frank C. Damrell, Jr on 10/6/10. (Kaminski, H)
July 16, 2010 Opinion or Order Filing 21 ORDER signed by Judge Frank C. Damrell, Jr on 7/15/10 ORDERING that due to pltf's counsel's ineligible status in the State Bar, the court VACATES the pending sanctions orders, Docket #'s 11 and 20 , as collection efforts appear to b e futile. As for deft's 15 Motion for Attorney's Fees, the court directs deft to attempt to personally serve pltf Donna L. Phillips with the motion. Due to the State Bar proceedings, pltf's counsel is effectively without counsel in t his case. The court orders deft to attempt to serve pltf with the motion within 30 days. The hearing on the motion currently scheduled for 7/23/10 is VACATED. The motion hearing will be reset upon receipt of either a proof of service or declaration attesting to the efforts made to locate pltf. The motion is deferred pending further order of the court. (Owen, K)
June 28, 2010 Opinion or Order Filing 20 ORDER and ORDER to SHOW CAUSE signed by Judge Frank C. Damrell, Jr. on 6/28/2010 ORDERING that the hearing on 15 motion for attorney fees is CONTINUED to 7/23/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Pltf's counsel is ordered to SHOW CAUSE why he should not be sanctioned in the amount of $150 for failing to file an opposition. Pltf's counsel shall file his response to the OSC by 7/9/2010. (Zignago, K.)
May 11, 2010 Opinion or Order Filing 11 ORDER IMPOSING SANCTIONS AND DISMISSING CASE, signed by Judge Frank C. Damrell, Jr., on 5/11/10. Mr. Collette, pltf's counsel, SHALL pay sanctions in the amount of $300.00 not later than 14 days from the filing of this Order. Counsel is fur ther reminded that payment of $150.00 is additionally DUE per the court's 3/29/10 Order. If counsel does not pay said amount w/in 14 days of the date of this Order, the court may impose further monetary sanctions by separate order. Not lat er than 21 days from the filing of this Order, pltf's counsel shall file a declaration attesting to his compliance with the terms of this Order. Pltf's case is DISMISSED for failure to prosecute, FRCP 41(b), and for repeated failures to respond to the court's orders. The hearing set for 5/21/2010 is VACATED. CASE CLOSED(Kastilahn, A)
March 29, 2010 Opinion or Order Filing 10 ORDER FOR SANCTIONS AND FURTHER ORDER TO SHOW CAUSE signed by Judge Frank C. Damrell, Jr on 3/29/10: Plaintiff's counsel, Mr. Stephen Collette, is ordered to pay sanctions in the amount of $150.00 for his failure to file a response to the O rder to Show Cause filed on February 1, 2010. The sum is to be paid personally by plaintiff's counsel not later than fourteen (14) days from the filing of this Order for Sanctions. Plaintif's counsel is further ordered to show cause why he should not be sanctioned an additional $300.00 for his failure to respond to legal deadlines and the court's orders, and why plaintiff's case should not be dismissed for failure to prosecute. HEARING as to 6 Motion to Dismiss RESET for 5/21/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Kaminski, H)
February 1, 2010 Opinion or Order Filing 9 ORDER to SHOW CAUSE signed by Judge Frank C. Damrell, Jr. on 2/1/2010. Plaintiff's counsel is order to SHOW CAUSE why he should no be sanction $150 for failing to file an Opposition or Notice of Non-Opposition for defendant Wachovia's 6 Motion to Dismiss. Plaintiff's counsel shall file his Response to Order to Show Cause on or before 3/26/2010. Motion Hearing is CONTINUED to 4/9/2010 at 10:00 AM in Courtroom 2 (FCD). (Marciel, M) Modified on 2/2/2010 (Marciel, M).
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Plaintiff: Donna L Phillips
Represented By: Stephen Collette
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Defendant: Wells Fargo Bank
Represented By: Jeremy E. Shulman
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Defendant: IMS Loans, Inc.
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