De Vega v. Suntrust Mortgage, Inc. et al
| Lorenzo De Vega and Virginia S. De Vega |
| Suntrust Mortgage, Inc., Mortgage Electronic Registration Services, Inc., American Pacific Mortgage, Federal National Mortgage Association, Recontrust Company, N.A., Landsafe Title Corporation and Capital Funding Group |
| 2:2010cv01507 |
| June 16, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| Frank C. Damrell |
| Truth in Lending |
| 15 U.S.C. ยง 1601 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
15
ORDER signed by Judge Frank C. Damrell, Jr on 4/7/11 GRANTING 11 Motion to expunge lis pendens and the plaintiffs' lis pendens is hereby EXPUNGED from the public record. Specifically, the lis pendens as to the property located at 4535 Parkvale Court, Stockton, CA, and recorded in the San Joaquin County Recorders Office as document number 2010-050134, is hereby EXPUNGED from the public record. (Donati, J)
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Filing
9
ORDER IMPOSING SANCTIIONS AND DISMISSING CASE signed by Judge Frank C. Damrell, Jr. on 9/13/2010; Mr. Cabbiness shall pay sanctions in the amount of $300.00. Payment should be in the form of a check made payable to the Clerk of the Court. The s um is to be paid personally by plaintiffs' counsel not later than fourteen (14) days from the filing of this Order for Sanctions. This sanction is personal to the attorney, is to be borne by him personally, and is not to be transmitted to the cl ient by way of a charge of attorney's fees and/or costs. Counsel is further reminded that payment of $150.00 is additionally due pursuant to the court's July 26, 2010 Order. Said payment is now overdue. If counsel does not pay said amo unt within fourteen (14) days of the date of this Order, the court may impose further monetary sanctions by separate order. Not later 21 days from the filing of this Order, plaintiffs' counsel shall file a declaration attesting to his compliance with the terms of this Order. Plaintiffs' case is dismissed for failure to prosecute and for repeated failures to respond to the court's orders. With respect to dismissal for failure to follow court orders, the court has reviewed the five factors set forth in Ferdik and finds that each warrants dismissal of plaintiffs' case. The hearing set for September 24, 2010 is VACATED.CASE CLOSED.(Matson, R)
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Filing
8
ORDER signed by Judge Frank C. Damrell, Jr on 8/9/10. Plaintiff's counsel, Mr. Peter Jason Cabbiness is ORDERED to pay sanctions in the amount of $150.00 for his failure to file a response to the OSC filed on 7/26/10. Payment should be in t he form of a check made payable to the Clerk. The sum is to be paid personally by Plaintiffs' counsel not later than fourteen (14) days from the filing of this Order for Sanctions. Plaintiffs' counsel is further ORDERED to SHOW CAUSE why h e should not be sanctioned and additinal $300.00 for his failure to respond to legal deadlines and the Court's orders, and why Plaintiffs' case should not be dismissed for failure to prosecute. Counsel shall file his response to this OSC on or before 9/10/10. The hearing on Defendants' MOTION to DISMISS 4 currently set for 8/20/10 is VACATED and RESET for 9/24/2010 at 10:00 AM. (Mena-Sanchez, L)
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Filing
7
ORDER AND ORDER TO SHOW CAUSE re sanctions, signed by Judge Frank C. Damrell, Jr., on 7/26/10. The hearing on dfts' 4 Motion to Dismiss is CONT'D to 8/20/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Pltfs' opposition is DUE by 8/6/10, and dfts may file and serve a reply by 8/13/10. Pltfs' counsel is ORDERED TO SHOW CAUSE why he should not be sanctioned in the amt of $150 for failing to file an opposition or notice of non-opposition to dfts' motion. Pltfs' counsel shall file his response to the order to show cause on or before 8/6/10. (Kastilahn, A)
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