Yreka Western Railroad Co v Tavares
| Yreka Western Railroad Company |
| Edward A. Tavares, Rosemary T. Tavares and PLM Lender Services Inc. |
| 2:2011cv01868 |
| July 15, 2011 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Craig M. Kellison |
| William B. Shubb |
| Foreclosure |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
83
ORDER signed by Senior Judge William B. Shubb on 4/22/2013 ORDERING 77 that plaintiff's motion for the award of attorney's fees be, and the same hereby is DENIED. Plaintiff is awarded $1,204.10 in costs. (Reader, L)
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Filing
79
ORDER granting 78 Plaintiff's request to appear by telephone at the hearing on motion for award of attorney's fees set for 4/22/2013 at 2:00 PM, signed by Senior Judge William B. Shubb on 3/27/2013. The courtroom deputy shall email counsel with instructions on how to participate in the telephonic conference call. Counsel shall immediately confirm receipt of said email. (Kirksey Smith, K)
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Filing
74
ORDER signed by Senior Judge William B. Shubb on 3/7/2013 ORDERING 70 that plaintiff's motion for summary judgment be, and the same hereby is, GRANTED. Defendants are permanently enjoined from selling plaintiffs real property at 300 East Mine r Street, Yreka, CA, namely, Siskiyou County Assessor's Parcels #'s 054-191-360, -380, and -490) as well as from selling plaintiff's personal property without first seeking and obtaining approval of the Surface Transportation Board. The cash bond posted by plaintiff the amount of $15,000 is hereby EXONERATED and the Clerk of Court is directed to return said sum to the plaintiff and to enter judgment in favor of plaintiff consistent with this Order and close the file. CASE CLOSED (cc: CFS) (Reader, L)
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Filing
69
STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 6/27/12: Discovery due by 7/26/2012. Dispositive Motions filed by 2/15/2013. Final Pretrial Conference set for 5/13/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Trial set for 7/16/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)
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Filing
66
ORDER RE: MOTION FOR PERMANENT INJUNCTION 59 signed by Judge William B. Shubb on 6/4/2012: Plaintiff's 59 Motion for Preliminary Injunction be, and the same hereby is, GRANTED. Pending trial and further proceedings in this court, defendants are hereby enjoined from selling plaintiff's real property at 300 East Miner Street, Yreka, California, namely, Siskiyou County Assessor's Parcels (APN #'s 054-191-360, -380, and -490) as well as from selling plaintiff's personal property without first seeking and obtaining approval of the Surface Transportation Board. The Court will require no bond in addition to the $15,000 bond that plaintiff has already posted. A Scheduling Conference is set for 7/9/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The parties shall refer to the Court's Order Re: Status (Pretrial Scheduling) Conference (Docket No. 3 ), for the required provisions of their Joint Status Report. (See document for further details.) (Kirksey Smith, K)
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Filing
60
TEMPORARY RESTRAINING ORDER signed by Judge William B. Shubb on 5/4/2012 granting 47 Plaintiff's Motion for TRO: This Order is conditioned upon plaintiff's filing an undertaking in the sum of $15,000.00. A hearing on plaintiff' s motion for a preliminary injunction shall be held on 6/4/2012 at 02:00 PM Courtroom No. 5. The parties shall adhere to the following briefing schedule: Plaintiff's Motion for Preliminary Injunction and supporting declarations shall be filed b y 5/7/2012. Defendant's Opposition and supporting declarations shall be filed by 5/21/2012. Plaintiff's reply shall be filed by 5/29/2012. IT IS FURTHER ORDERED that the Scheduling Conference currently scheduled for 5/14/2012 is vacated. The parties shall be prepared to discuss the matters addressed in the Court's Pretrial Scheduling Order (Docket No. 6 ) at the conclusion of the hearing on 6/4/2012. (Kirksey Smith, K)
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Filing
42
AMENDED STIPULATION and ORDER signed by Judge William B. Shubb on 1/27/12: All proceedings in this case shall be stayed until April 16, 2012. Status (Pre-Trial) Conference RESET for 5/14/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)
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Filing
36
ORDER signed by Judge William B. Shubb on 11/17/2011 ORDERING that Plaintiff, Yreka Western Railroad Company agrees to pay Defendants Edward A. Tavares and Rosemary T. Tavares the sum of Two Hundred Twenty Five Thousand Dollars ($225,000.00) in full satisfaction of all claims in the Action, including that certain Promissory Note dated April 11, 2007 ("Note") in the principal sum of $175,000.00 and secured by a Deed of Trust of the same date, encumbering the Plaintiff's r eal and personal property recorded on April 12, 2007, as Document No. 07-00046905 and Defendants agree to accept said sum in full satisfaction of said claims and said Note, inclusive of all interest, foreclosure fees and costs and attorney's fee s provided the terms of this settlement are timely met. The payment of the settlement sum of $225,000 will be paid as follows: (a) Plaintiff will pay to Defendants by certified or cashiers check the sum of $25,000 to be delivered to Defend ants counsel's office; (b) the current $25,000 cash bond posted by Plaintiff in support of the Temporary Restraining Order issued by this Court will be released to Defendants care of their attorney; and (c) the balance of $175,000 will be paid within ninety (90) days of the issuance of this Order. The initial payment in subsections (a) above shall be paid on or before November 23, 2011 and the payment in sub-section (b) above shall be paid by the Court as soon as practicable. All proceedings in this case shall be stayed for 90 days from the issuance of this Order to allow the settlement payments to be complied with by the Plaintiff. During this stay, the Defendants agree that no further foreclosure proceeding (judicial or n on- judicial) will be conducted, and the Defendants will not undertake any further action to collect on the debt. The Temporary Restraining Order issued by this Court is hereby dissolved and the Motion for Preliminary Injunction currently set for hea ring on December 5, 2011 at 2:00 p.m. is dismissed, without prejudice, and the hearing is taken off Calendar. The Status (Pre-trial) Conference currently set for hearing on January 9, 2012 at 2:00 p.m. in Courtroom 5 is continued to hearing on March 5, 2012 at 2:00 p.m. in Courtroom 5. The cash bond in the sum of $25,000 posted with the Clerk of the Court is herebyreleased to the Defendants and the Clerk is ordered to pay the bond sum of $25,000 to defendants, Edward A. Tavares and Ro semary T. Tavares, care of their attorney, Lori J. Gualco, Frank Law Group, P.C., 1517 Lincoln Way, Auburn, California 95603.If the full settlement payment of $225,000 is paid within the 90 day stay period, the Plaintiff shall file a request for dismissal with prejudice and this matter will be dismissed with both sides to bear their own attorneys' fees and costs. Upon full payment, Defendants will cause the trustee under the Deed of Trust to record a Deed of Reconveyance of the Deed of Trust in accordance with California law. If the terms of the agreed upon settlement as set forth herein are not met by either party, the stay will be automatically lifted at the end of the 90 day stay period, and the case shall move forward. The te rms of this settlement shall then be null and void. All sums due and owing under the terms and conditions of the Note shall be thenimmediately due and owing, except that Defendants shall credit the payment byPlaintiff of the $50,000 required in Paragraph 2 above to the principal owing as of the date of payment, provided the payment is made by Plaintiff. Defendants agree not to take any action to collect on the Note or foreclose under the terms of the Deed of Trust or California law for a pe riod of 10 days after the end of the 90 day stay period. This 10 day period is to allow Plaintiff time to re-apply for a Temporary Restraining Order. Plaintiff waives any defenses to the payment of the $50,000, except for credit or off-set to principal. The $50,000 payment is non-refundable. (Duong, D)
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Filing
33
STIPULATION and ORDER signed by Judge William B. Shubb on 10/27/11: The Temporary Restraining Order shall remain in effect until the hearing is conducted on December 5, 2011. (Kaminski, H)
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Filing
31
STIPULATION and ORDER signed by Judge William B. Shubb on 10/24/11 ORDERING that the Tavares responsive pleading is due by 11/21/11; the hearing on 8 Motion for Preliminary Injunction and 11 Motion for TRO are CONTINUED to 12/05/11 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; a Settlement Conference is SET for 11/09/11 at 01:30 PM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; the Initial Scheduling Conference is CONTINUED to 01/09/12 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The TRO shall REMAIN in effect until 11/28/11 (cc: GGH). (Benson, A.)
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Filing
28
STIPULATION and ORDER extending the due date for a responsive pleading to be filed to and including October 24, 2011 signed by Judge William B. Shubb on 9/14/11. (Kaminski, H)
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Filing
24
STIPULATION and ORDER 23 signed by Judge William B. Shubb on 8/31/11, ORDERING that Tavares defendants' responsive pleading is to be filed by 9/16/11. (Kastilahn, A)
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Filing
22
STIPULATION and ORDER signed by Judge William B. Shubb on 8/15/11 EXTENDING due date for responsive pleadings to 9/7/11. (Meuleman, A)
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Filing
18
ORDER signed by Judge William B. Shubb on 8/8/11: HEARING as to 8 MOTION for PRELIMINARY INJUNCTION RESET for 10/11/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The Temporary Restraining Order shall remain in effect until the hearing is conducted on October 11, 2011. (Kaminski, H)
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Filing
15
TEMPORARY RESTRAINING ORDER signed by Judge William B. Shubb on 8/3/2011. (Zignago, K.)
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Filing
13
ORDER signed by Judge William B. Shubb on 7/25/2011 re 11 Plaintiff's MOTION for TEMPORARY RESTRAINING ORDER : Plaintiff shall serve defendants by 7/27/2011. Defendants may file a response by 8/1/2011, and plaintiff may file a reply by 8/3/2011. The court will hold oral argument on 8/8/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)
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