McFadden et al v. Deutsche Bank National Bank Trust Company et al
| Dennis Ward McFadden and Marcia-Ann Willardson |
| Deutsche Bank National Bank Trust Company, Fidelity National Title Company, Stephanie Alonzo, Default Resolution Network, Natalie Gold, American Home Mortgage Servicing Inc., Power Default Services, Inc., Robert J. Jackson and Associates, Inc., David J. Boyer, Citi Residential Lending Group, Olympus Mortgage Company and Black and White Corporations |
| 2:2010cv03004 |
| November 8, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Nevada |
| John A. Mendez |
| Kendall J. Newman |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
57
ORDER signed by Judge John A. Mendez on 8/28/12 ORDERING 54 FINDINGS AND RECOMMENDATIONS are adopted; 52 Motion for Default Judgment is denied; Defendants Stephanie Alonzo, Natalie Gold, and Olympus Mortgage Company are dismissed from this case with prejudice; and the Clerk shall close this case and vacate all dates.(Matson, R)
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Filing
54
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/9/12 recommending that 52 Motion for default judgment be denied; Defendants Stephanie Alonzo, Natalie Gold, and Olympus Mortgage Company be dismissed from this case with prejudice; and The Clerk be directed to close this case and vacate any remaining dates. These findings and recommendations are submitted to the United States District Judge assigned to the case. Objections due within 14 days.(Matson, R)
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Filing
51
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 4/10/12 ORDERING plaintiffs to SHOW GOOD CAUSE on or before 5/10/12 in writing why defendants Stephanie Alonzo, Natalie Gold, and Olympus Mortgage Company should not be dismissed fro m this action, and why this case should not be closed, due to plaintiffs failure to prosecute the action. Plaintiffs writing shall also specifically address why Alonzo and Gold should not be dismissed from this action for the same reasons that suppo rted the previous dismissal of the entity defendants for whom plaintiffs allege Alonzo and Gold, respectively, are agents. Plaintiffs failure to timely file the required writing shall constitute an additional ground, and plaintiffs consent to, the dismissal of this action with prejudice. (Meuleman, A)
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Filing
50
ORDER signed by Judge John A. Mendez on 10/7/2011 ADOPTING 46 Findings and Recommendations. The 13 special motion to strike is GRANTED IN PART and DENIED IN PART. All claims alleged against the Boyer Dfts are DISMISSED with prejudice, and the Boy er Dfts are DISMISSED from this action. The 15 motion to dismiss is GRANTED. All claims alleged against Citi are DISMISSED with prejudice, and Citi is DISMISSED from this action. The 16 motion to dismiss is GRANTED. All claims alleged against th e Fidelity Dfts are DISMISSED with prejudice, and the Fidelity Dfts are DISMISSED from this action. The 18 motion to dismiss is GRANTED. All claims alleged against the Deutsche Bank Dfts are DISMISSED with prejudice, and the Deutsche Bank Dfts are DISMISSED from this action. Pltf's 47 "Notice of Mistake and Response to Magistrate Judge's Findings and Recommendations" is DENIED. (Zignago, K.)
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Filing
46
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/15/11 ORDERING that the Fidelity Dfts' evidentiary objection 22 to the "Foreclosure Investigation Report," prepared by Charles J. Horner and fi led by pltfs with their written opposition, is sustained; the Boyer Dfts' request for judicial notice 14 is granted; the Deutsche Bank Dfts' request for judicial notice 18 is granted; and RECOMMENDING that the Boyer Dfts' special m otion to strike 13 be granted in part and denied in part. The anti- SLAPP motion should only be granted as to pltfs' claims for relief based on CA law, which are # 4 - 12; the Boyer Dfts' motion to dismiss be granted as to the remaining, federal claims # 1, 2, 3, and 13. All of pltfs' claims against the Boyer Dfts should be dismissed with prejudice, and the Boyer Dfts should be dismissed from this action; Citi's motion to dismiss 15 be granted, that all of pltfs' c laims against Citi be dismissed with prejudice, and that Citi be dismissed from this action; the Fidelity Dfts' motion to dismiss 16 be granted, that all of pltfs' claims against the Fidelity Dfts be dismissed with prejudice, and the Fide lity Dfts be dismissed from this action; The Deutsche Bank Dfts' motion to dismiss 18 be granted, that all of pltfs' claims against the Deutsche Bank Dfts be dismissed with prejudice, and the Deutsche Bank Dfts be dismissed from this action; Referred to Judge John A. Mendez; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
26
ORDER granting 25 REQUEST to appear telephonically signed by Magistrate Judge Kendall J. Newman on 2/23/11. (Kaminski, H)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/11: Hearing as to 13 MOTION to STRIKE, 18 MOTION to DISMISS, 15 MOTION to DISMISS, 16 MOTION to DISMISS is continued until 2/24/2011 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiffs shall file written oppositions to the Pending Motions, or statements of non-opposition to the granting of the Pending Motions, on or before January 20, 2011. The various moving defendants may file written replies to plaintiffs' oppositions, if any, on or before February 3, 2011. (Kaminski, H)
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