Johnson et al v. Bank United FSB et al
Plaintiff: Carolina Johnson and Claude Colwell
Defendant: Bank United FSB, BankUnited and Freestand Financial
Case Number: 2:2010cv02567
Filed: September 21, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: El Dorado
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Garland E. Burrell
Nature of Suit: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
May 23, 2012 Opinion or Order Filing 37 ORDER signed by Judge Garland E. Burrell, Jr. on 05/22/12 ORDERING that defendant's 36 Motion to Dismiss is GRANTED and plaintiff's deceit, fraud, and constructive fraud claims are DISMISSED with prejudice. (Benson, A.)
October 11, 2011 Opinion or Order Filing 35 ORDER signed by Judge Garland E. Burrell, Jr on 10/7/11 ORDERING 15 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART and its motion for a more definite statement is DENIED. Plaintiffs are granted fourteen (14) days from the date on which thi s order is filed to file a Second Amended Complaint addressing the deficiencies of any claim dismissed without prejudice. Further, Plaintiffs are notified that any dismissed claim may be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) if Plaintiffs fail to file an amended complaint within the prescribed time period. (Matson, R)
May 10, 2011 Opinion or Order Filing 28 ORDER signed by Judge Garland E. Burrell, Jr on 5/9/11 ORDERING the Order of Dismissal 18 is VACATED; pltfs have 60 days to serve dfts Freestand Financial and Bank United FSB; and the Status Conference is CONTINUTED to 9/19/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..(Carlos, K)
May 6, 2011 Opinion or Order Filing 27 ORDER signed by Judge Garland E. Burrell, Jr on 5/5/11 re 25 ORDERING that since this filing does not comply with Local Rule 220, it is STRICKEN. (Duong, D)
April 18, 2011 Opinion or Order Filing 18 ORDER signed by Judge Garland E. Burrell, Jr on 4/15/11 ORDERING that Plaintiffs failed to respond to the 16 March 8th Order by this deadline. Therefore, Defendants Bank United F.S.B. and Freestand Financial are dismissed from this action without prejudice.(Duong, D)
March 8, 2011 Opinion or Order Filing 16 ORDER signed by Judge Garland E. Burrell, Jr on 3/7/11 ORDERING Plaintiffs shall either file whatever documents are required to prosecute this case as a default matter no later than 4:00 p.m. on April 25, 2011, or Show Cause in a writing filed no lat er than 4:00 p.m. on April 25, 2011, why this action should not be dismissed against Defendants Bank United F.S.B. and Freestand Financial for failure of prosecution. If a hearing is requested on the Show Cause issue concerning whether this case shou ld be dismissed for failure of prosecution, it will be held on May 9, 2011, at 9:00 a.m. Lastly, the status conference scheduled for March 14, 2011, is continued to commence at 9:00 a.m. on May 9, 2011. A status report shall be filed 14 days prior to the status conference in which Plaintiffs are required to explain the status of the default proceedings.(Matson, R)
February 8, 2011 Opinion or Order Filing 11 ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 2/8/2011 ORDERING Pltf's to SHOW CAUSE, no later than 4:00 PM on 2/28/2011, why sanctions should not be imposed for failure to file a timely status report. If a hearing is requested, it will be held on 3/14/2011, at 9:00 AM, just prior to the status conference, which is rescheduled to that date and time. A status report shall be filed no later than 14 days prior to the status conference. (Zignago, K.)
December 17, 2010 Opinion or Order Filing 9 ORDER signed by Judge Garland E. Burrell, Jr on 12/16/2010 ORDERING that Defendant's 4 motion to dismiss is GRANTED. Since all claims alleged against Defendant are dismissed, Defendant's motion for a more definite statement is DENIED as m oot. Plaintiffs are granted fourteen (14) days from the date on which this order is filed to file a First Amended Complaint. This action may be dismissed with prejudice against the movant under Federal Rule of Civil Procedure 41(b) if Plaintiffs fail to file an amended complaint within the prescribed time period. (Duong, D)
November 12, 2010 Opinion or Order Filing 5 ORDER to SHOW CAUSE and Continuing hearing on Motion to Dismiss signed by Judge Garland E. Burrell, Jr on 11/10/10. Plaintiff shall file an opposition or statement of non-opposition to the Motion as required by Local Rule 230(c). Plaintiffs and their counsel are ORDERED to Show Cause in a filed response to this OSC on or before 12/6/2010, in which they explain why sanctions should not be issued because of Plaintiff's failure to file an opposition or statement of non-opposition to the pending Motion. The hearing on MOTION to DISMISS 4 is RESCHEDULED to 12/20/2010 at 09:00 AM. (Mena-Sanchez, L)
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Plaintiff: Carolina Johnson
Represented By: John Steve Sargetis
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Plaintiff: Claude Colwell
Represented By: John Steve Sargetis
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Defendant: Bank United FSB
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Defendant: BankUnited
Represented By: Cris A Klingerman
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Defendant: Freestand Financial
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