Schneider v. Bank of America N.A et al
| Christopher D. Schneider |
| Bank of America N.A, Bank of America Mortgage, Bank of America Home Loan Servicing LP, Balboa Insurance Co., Home Retention Group, Quality Loan Service Corp and Cliff Coler |
| 2:2011cv02953 |
| November 7, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Dale A. Drozd |
| Lawrence K. Karlton |
| Foreclosure |
| 18 U.S.C. ยง 1961 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
355
ORDER signed by District Judge John A. Mendez on 12/19/2017 DENYING 354 Motion to Stay. (Washington, S)
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Filing
352
ORDER signed by District Judge John A. Mendez on 10/12/2017 PROPOSED FINDINGS AND RECOMMENDATIONS 347 are ADOPTED in FULL; Plaintiff's 297 Motion for New Trial is DENIED; and Defendant's 349 Motion to extend time to file a response to plaintiff's objections is DENIED as unnecessary. (Reader, L)
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Filing
347
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/11/2017 DENYING as moot 321 Motion and DISCHARGING 323 Order to show cause and no sanctions are imposed. It is hereby RECOMMENDED that the 297 Motion for New Trial be denied. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge John A. Mendez. (Donati, J)
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Filing
327
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/10/2017 ORDERING that the hearing on defendants' 321 motion for an order regarding plaintiff's motion for a new trial is CONTINUED to 5/3/2017. The Clerk shall serve plaintiff by mail with copies of defendants' 321 motion and the court's 3/13/2017 323 order to show cause. By no later than 4/24/2017, plaintiff shall file a response to the court's order to show cause and either an opposition or statement o f non-opposition to defendants' motion. Defendants may file a response to plaintiff's opposition, if any, by 4/28/2017. Defense counsel's 326 request to appear telephonically at the hearing on 4/12/2017 is DENIED as moot. (Zignago, K.)
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Filing
323
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 3/13/17 ORDERING that Plaintiff shall Show Cause in writing, no later than 3/29/2017 why monetary sanctions should not be imposed against him for failure to (1) comply with the cou rt's 11/16/16 order directing him to properly notice his MOTION for New Trial and (2) file a timely opposition or statement of non- opposition to Defendants' MOTION. The hearing on Defendants' MOTION 321 , currently scheduled for 3/1 5/17, is CONTINUED to 4/12/2017. Plaintiff shall file an opposition to Defendants' MOTION, or a statement of non-opposition thereto, no later than 3/29/17. Defendants may file a reply to Plaintiff's opposition, if any, on or before 4/5/17. The deadlines in this order will not be extended.(Mena-Sanchez, L)
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Filing
308
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/25/2016 RECOMMENDING that plaintiff's 297 motion for a new trial be denied. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
295
AMENDED 292 JUDGMENT signed by District Judge John A. Mendez on 06/01/16. (Benson, A)
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Filing
240
ORDER signed by Judge John A. Mendez on 12/10/2015 ORDERING the Court GRANTS 231 Quality's Loan Service Corp. Motion for Summary Judgment; Because Plaintiff no longer has any claim against this defendant, Quality is hereby DISMISSED from the action. (Reader, L)
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Filing
230
ORDER signed by Judge John A. Mendez on 8/31/2015 ORDERING 224 Defendant's Motion to Dismiss is DENIED. (Reader, L)
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Filing
218
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/15/2015 ORDERING 216 The referral of this case to the magistrate judge is WITHDRAWN and the case is REFERRED back to the district judge; All dates heretofore set, except for the 7/1/2015 heari ng on defendants' 207 motion for terminating sanctions and/or to compel plaintiff to appear for deposition, are VACATED; Plaintiff's motion to "preserve evidence," 205 , filed by plaintiff in pro per, is DEEMED WITHDRAWN and DENIED without prejudice; Counsel for plaintiff may renew the motion, if appropriate.(Reader, L)
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Filing
216
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 6/11/15 ORDERING that the hearing on Defendants' MOTION 207 and Plaintiff's MOTION to preserve evidence 205 is CONTINUED to 7/1/2015 at 10:00 AM in Courtroom 8 (EFB) be fore Magistrate Judge Edmund F. Brennan. Plaintiff shall Show Cause in writing, no later than 6/24/2015, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to defendants' Motion. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 6/24/15. Defendants may file a reply to Plaintiff's opposition, if any, on or before 6/29/15. (Mena-Sanchez, L)
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Filing
214
ORDER signed by Judge John A. Mendez on 6/9/2015 PROPOSED FINDINGS AND RECOMMENDATIONS 173 are ADOPTED; Plaintiff's Motion to Amend the Second Amended Complaint 168 is DENIED.(Reader, L)
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Filing
206
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/2015 ORDERING that plaintiff's 191 motion to stay is DENIED. Quality's 188 motions to compel, to deem matters admitted, and for an award of reasonable attorneys fees are GRANTED . On or before 5/27/2015, plaintiff shall serve responses to Quality's Interrogatories and produce documents responsive to Quality's Request for Production of Documents. The Requests for Admissions served on plaintiff (see ECF No. 145 E x. 2) are deemed admitted. Within 7 days of this order, Quality shall submit a declaration detailing the reasonable expenses it incurred in bringing its motion to compel. It is further ordered that plaintiff shall appear for and cooperate in the tak ing of his deposition. The deposition shall occur at the time and place for which it was duly noticed. Plaintiff's 174 motion to modify the scheduling order is GRANTED IN PART and DENIED IN PART. The deadline for disclosures of experts is EXT ENDED as follows: The parties shall serve their initial expert disclosures upon all other parties on or before 6/12/2015; rebuttal expert disclosures shall be served on or before 7/10/2015. Plaintiff's motion to modify is otherwise DENIED. (Zignago, K.)
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Filing
193
NOTICE OF LIS PENDENS signed by Magistrate Judge Edmund F. Brennan on 4/21/2015. (Certified Copy Mailed to Plaintiff for filing in Amador County) (Donati, J)
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Filing
180
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/12/15 ORDERING that Plaintiff's 3/11/15 Request for an extension of time 179 is GRANTED; and Plaintiff shall file his objections by 3/20/2015. (Mena-Sanchez, L)
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Filing
177
ORDER signed by Judge John A. Mendez on 3/5/2015 FINDINGS AND RECOMMENDATIONS 159 are ADOPTED; Plaintiff's 149 Motion for Default Judgment against BANA, Balboa and FHLMC, ECFN is DENIED; the Motion for a clerk's entry of the default of BANA, Balboa and FHLMC is DENIED; and Bank of America Mortgage and Home Retention Group are DISMISSED pursuant to FRCP 4(m) as well as for plaintiff's failure to prosecute and comply with court orders. (Reader, L)
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Filing
173
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/26/15 ORDERING that plaintiff's request for an evidentiary hearing re: 168 is DENIED. Further, IT IS RECOMMENDED that plaintiff's 168 Motion be denied without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
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Filing
165
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/4/14 DENYING AS MOOT 163 Motion for Clarifying. (Meuleman, A)
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Filing
159
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/18/2014 GRANTING 150 Motion for Protective Order; ORDERING the plaintiff to serve his responses to Quality Loan Service Corp.'s discovery requests within 30 days of the parties' Rule 26(f) conference; DENYING 150 Motion for Sanctions; DENYING 151 Motion to Shorten Time as moot; GRANTING 139 Second Renewed Motion for Approval for the Filing of a Lis Pendens; RECOMMENDING that 146 Motion f or Default Judgment against Bank of America, N.A., Balboa Insurance Co., Federal Home Loan Mortgage Corporation be denied; RECOMMENDING that 149 Motion for Clerk's Entry of Default of Bank of America, N.A., Balboa Insurance Co., Federal Home L oan Mortgage Corporation be denied; RECOMMENDING that Defendants Bank of America Mortgage, Home Retention Group be dismissed from this action based on the plaintiff's failure to prosecute and follow this court's order and Local Rules; REFERRING this matter to Judge John A. Mendez; ORDERING that any objections be filed within fourteen days. (Michel, G)
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Filing
147
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/2014 SETTING a Status (Pretrial Scheduling) Conference for 11/12/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the parties to file status reports b y 10/29/2014; WARNING all parties that a failure to obey federal or local rules, or order of this court, may result in dismissal of this action; REMINDING all parties of the responsibilities and requirements outlined in Local Rules 160, 230(c), 230(i) and 110. (Michel, G)
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Filing
138
ORDER signed by Judge Lawrence K. Karlton on 7/10/2014. Claim Fifteen, as asserted agaist FHLMC, is DISMISSED in its entirety, with prejudice. This matter is REMANDED to Magistrate Judge Brennan for Further Proceedings. (Marciel, M)
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Filing
132
ORDER signed by Judge Lawrence K. Karlton on 5/21/14 GRANTING IN PART and DENYING IN PART 93 Motion to Dismiss and 96 Motion to Dismiss ; REMANDING 123 Finding and Recommendations to the Magistrate Judge for further proceedings. (Meuleman, A) Modified on 5/21/2014 (Meuleman, A). Modified on 5/21/2014 (Meuleman, A).
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Filing
123
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/26/13 ORDERING that within 45 days, plaintiff shall show cause, in writing, why defendants Bank of America Mortgage and Home Retention Group should not be dismis sed for failure to effect service of process within the time prescribed. If plaintiff elects to file a third amended complaint and does not name Bank of America Mortgage or Home Retention Group, he need not respond to this order to show cause. How ever, if plaintiff elects to proceed with the limited claims that remain in the second amended complaint, he must respond as provided herein. And, if one or both of the unserved defendants is named in the third amended complaint, in addition to resp onding to the order to show cause, plaintiff shall timely serve those defendants and file proof of such service; Failure of plaintiff to comply with this order may result in a recommendation that Bank of America Mortgage and Home Retention Group and /or this action be dismissed for failure to follow court orders; Plaintiff's renewed ex parte motion for approval of filing lis pendens 121 is denied without prejudice; and RECOMMENDING that Defendants' motions to dismiss, 93 and 96 , be granted in part as provided herein; Plaintiff be granted 45 days to file a third amended complaint as provided herein. Referred to Judge Lawrence K Karlton; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
110
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/2012 ORDERING that Plaintiff's 109 request for leave to file electronically in this action is GRANTED. The Clerk of Court shall contact plaintiff in order to facilitate his participation in the CM/ECF system. (Zignago, K.)
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Filing
89
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/12 ORDERING that Plaintiff has until 7/11/2012 to file a second amended complaint. Plaintiff's Request for return of his settlement conference statements is DENIED as moot since all such statements were destroyed by the previously assigned Magistrate Judge.(Mena-Sanchez, L)
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Filing
83
ORDER signed by Magistrate Judge Dale A. Drozd on 6/8/2012 DISQUALIFYING Magistrate Judge Dale A. Drozd; ORDERING the Clerk of Court to to refer this case to another available United States Magistrate Judge for all further proceedings. (Michel, G)
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Filing
77
ORDER signed by Magistrate Judge Dale A. Drozd on 6/5/12 ORDERING that Plaintiff's 6/4/12 ex parte motion for a continuance 75 of the previously scheduled 6/6/12 hearing is denied. The hearing will be held on 6/6/12 at 10:00 a.m. in the courtroom of the undersigned. Counsel may appear telephonically if they have made the necessary arrangements to do so.(Becknal, R)
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Filing
72
ORDER signed by Magistrate Judge Dale A. Drozd on 5/7/2012 ORDERING that a Status of Settlement Conference is set for Friday, 5/25/2012, at 11:00 a.m. before the undersigned. The parties shall appear at the Status of Settlement Conference telephonica lly. Each party shall pre-arrange their appearance by contacting Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128 at least 48 hours before the Status of Settlement Conference. A land line telephone number must be provided. (Zignago, K.)
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Filing
65
ORDER signed by Magistrate Judge Dale A. Drozd on 3/5/2012 ORDERING 6 Ex Parte Motion for approval of filing lis pendens is DENIED without prejudice; Plaintiff's 24 Motion for a Preliminary Injunction is DENIED without prejudice; the TRO pre viously granted by the district judge will remain in effect, absent further order of the court, until Plaintiff has filed an amended complaint found to state a cognizable claim or this matter is dismissed; Defendant BOA, N.A.'s 26 Motion to Di smiss is GRANTED; Defendant Quality Loan's 46 Amended Motion to Dismiss is GRANTED; Plaintiff's 51 Motion for Imposition of Sanctions is DENIED; Plaintiff is GRANTED 45 day from the date of this Order to file a Second Amended Complaint that complies with FRCP and LR; Any defendant named in plaintiff's 11/28/2011 Amended Complaint, named as a defendant in any second amended complaint plaintiff elects to file, shall respond to the second amended complaint within 30 days after it is filed or served. (Waggoner, D)
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Filing
62
ORDER signed by Magistrate Judge Dale A. Drozd on 2/24/2012 ORDERING 37 that plaintiff's motion to allow witness testimony, re-noticed before the undersigned on 1/20/2012, is DENIED. 50 (Reader, L)
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Filing
17
ORDER signed by Judge Lawrence K. Karlton on 12/1/11: Hearing re 9 MOTION for a preliminary injunction SET for 1/17/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiff SHALL file a motion for preliminary injunction in accordance with Local Rule 231(d) by December 19, 2011. Defendants SHALL file an opposition to Plaintiff's motion for a preliminary injunction, in accordance with Local Rule 231(d), by January 3, 2012, or not at all. Plaintiff SHALL file a reply to Defendants' opposition, in accordance with Local Rule 231(d), on January 10, 2012. The Temporary Restraining Order shall remain in effect through the hearing on January 17, 2012. (Kaminski, H)
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Filing
12
ORDER signed by Judge Lawrence K. Karlton on 11/17/11 ORDERING that 9 Plaintiff's request for a TRO to enjoin the Defendant's foreclosure of Plaintiff's property located at 16291 Stone Jug Rd., Sutter Creek, CA 95688, is GRANTED. Th is order is issued as of 5:00 p.m. on November 17, 2011 and will expire fourteen (14) days after its issuance. Pursuant to Eastern District of California Local Rule 302(c)(21), this case is REFERRED to Magistrate Judge Dale A. Drozd for all further pretrial proceedings. (Benson, A.)
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