Passantino-Miller et al v. Wells Fargo Bank, N.A., et al
Plaintiff: Elizabeth Passantino-Miller, James R. Miller and Miller Family Trust
Defendant: Wells Fargo Bank, N.A., American Security Insurance Company and Wells Fargo Insurance, Inc.
Case Number: 2:2012cv00420
Filed: February 17, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A Drozd
Referring Judge: Troy L Nunley
Nature of Suit: Truth in Lending
Cause of Action: 15 U.S.C. § 1601
Jury Demanded By: Plaintiff
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This docket was last retrieved on June 18, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2013 Filing 71 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/18/2013: Pursuant to the Notice of Dismissal #70 and FRCP 41(a)(1)(A)(i), Defendant American Security Insurance Company is DISMISSED without prejudice. Since defendant American Security Insurance Company is the last remaining defendant, this CASE is hereby CLOSED. (TEXT ONLY ENTRY) (Krueger, M)
June 18, 2013 Filing 70 NOTICE of VOLUNTARY DISMISSAL of American Security Ins. Co. without prejudice by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller. (Helland, Matthew) Modified on 6/19/2013 (Reader, L).
June 4, 2013 Opinion or Order Filing 69 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/3/2013 ORDERING that Plaintiffs' complaint against Wells Fargo Bank, N.A., is DISMISSED, with prejudice. IT IS FURTHER ORDERED that the Court retains jurisdiction to enforce the terms of the parties' confidential Settlement Agreement. (Zignago, K.)
May 31, 2013 Filing 68 STIPULATION of DISMISSAL (Joint); Proposed Order by Wells Fargo Bank, N.A.. (Cross, Michael)
May 22, 2013 Opinion or Order Filing 67 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/20/2013 ORDERING that the time for Wells Fargo to respond to Plaintiffs' Third Amended Complaint is EXTENDED by 14 days. Wells Fargo shall file a responsive pleading on or before 6/3/2013. (Zignago, K.)
May 20, 2013 Filing 66 STIPULATION and PROPOSED ORDER for Further Extension of Time to Respond to Third Amended Complaint re #60 Amended Complaint, by Wells Fargo Bank, N.A.. (Cross, Michael)
May 14, 2013 Opinion or Order Filing 65 STIPULATION and ORDER #64 for extension of time signed by District Judge Troy L. Nunley on 5/14/2013. Defendant Wells Fargo shall file responsive pleading on or before 5/30/2013. (Marciel, M)
May 6, 2013 Filing 64 STIPULATION and PROPOSED ORDER for Extension of Time to respond to #60 Third Amended Complaint by Wells Fargo Bank, N.A. (Cross, Michael) Modified on 5/7/2013 (Michel, G).
April 22, 2013 Opinion or Order Filing 63 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/19/13 ORDERING that the time for Wells Fargo to respond to Plaintiffs' Third Amended Complaint shall be extended by 14 days. Wells Fargo shall file a responsive pleading on or before 5/6/13. (Mena-Sanchez, L)
April 17, 2013 Filing 62 STIPULATION and PROPOSED ORDER for Extension of Time for Wells Fargo to File Response to Third Amended Complaint re #60 Amended Complaint, by Wells Fargo Bank, N.A.. (Cross, Michael)
April 9, 2013 Filing 61 SUMMONS ISSUED as to *American Security Insurance Company* with answer to complaint due within *21* days. Attorney *Mathew C. Helland* *One Embarcadero Center* *Suite 720* *San Francisco, CA 94111*. (Michel, G)
April 9, 2013 PARTY UPDATE: American Security Insurance Company ADDED. Wells Fargo Insurance, Inc. TERMINATED. (Michel, G)
April 8, 2013 Filing 60 THIRD AMENDED COMPLAINT against Wells Fargo Bank, N.A., American Security Insurance Company by Elizabeth Passantino-Miller, Miller Family Trust, James R. Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Helland, Matthew) Modified on 4/9/2013 (Michel, G).
April 3, 2013 Opinion or Order Filing 59 ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of *District Judge Troy L. Nunley* to the bench of the Eastern District, this action is reassigned from District Judge *Garland E. Burrell, Jr.* for all further proceedings. (Waggoner, D)
April 1, 2013 Opinion or Order Filing 58 PRO HAC VICE ORDER signed by Judge Garland E. Burrell, Jr on 3/31/13. Added attorney Shanon J. Carson, PHV for Elizabeth Passantino-Miller, (Mena-Sanchez, L)
March 29, 2013 Opinion or Order Filing 57 ORDER granting #48 Motion to Amend the Complaint signed by Judge Garland E. Burrell, Jr on 3/28/13: Plaintiffs shall file the Third Amended Complaint which is attached to Plaintiff's motion within ten (10) days from the date on which this Order is filed. (Kaminski, H)
March 28, 2013 Filing 55 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller for attorney Shanon J. Carson to appear Pro Hac Vice. (Attachments: #1 Exhibit 1 - Certificate of Good Standing)(Helland, Matthew)
March 28, 2013 RECEIPT number CAE200051486 for $200.00 for Shanon J. Carson from Steven Smith. (Zignago, K.)
February 21, 2013 Opinion or Order Filing 54 MINUTE ORDER: The Motion to Amend, scheduled for hearing on 2/25/13, is submitted without oral argument. There will not be a hearing on 2/25/13, and no appearance is necessary. re #48 Motion to Amend the Complaint/Petition, Ordered by Judge Garland E. Burrell, Jr on 2/21/13. (Furstenau, S)
February 12, 2013 Opinion or Order Filing 53 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 2/11/2013 ORDERING that the deadline for Plaintiffs to file their Motion for Class Certification is 7/1/2013; the deadline for Wells Fargo to file its Response in Opposition to Plaintiffs' Motion for Class Certification is 8/5/2013; the deadline for Plaintiffs to file their Reply in Support of their Motion for Class Certification is 8/26/2013; Hearing on Plaintiffs' Motion for Class Certification is 9/9/2013 at 9:00 AM. (Zignago, K.)
February 8, 2013 Filing 52 STIPULATION and PROPOSED ORDER for Extension of Class Certification Deadline by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller. (Helland, Matthew)
January 25, 2013 Filing 51 STATEMENT of NON-OPPOSITION by Wells Fargo Bank, N.A. to #48 Motion for Leave to file Third #38 Amended Complaint. (Cross, Michael)
January 18, 2013 Filing 50 NOTICE to RESCHEDULE HEARING on #48 MOTION to AMEND the #38 Amended Complaint : Motion Hearing set for 2/25/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Helland, Matthew)
January 17, 2013 Opinion or Order Filing 49 MINUTE ORDER: The Motion to Amend, filed on 1/16/13, and noticed for hearing on 1/28/13, is vacated. The motion does not comply with the notice requirements in the Local Rules. 1/28/13, is not an available law and motion hearing date for Judge Burrell. The motion must be renoticed on one of Judge Burrell's available law and motion hearing dates and in compliance with the notice requirements in the Local Rules. re #48 Motion to Amend the Complaint/Petition, Ordered by Judge Garland E. Burrell, Jr on 1/17/13. (Furstenau, S)
January 16, 2013 Filing 48 MOTION for LEAVE to file Third #38 Amended Complaint by plaintiffs. Motion Hearing set for 1/28/2013 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Helland, Matthew) Modified on 1/18/2013 (Marciel, M)
January 3, 2013 Opinion or Order Filing 47 ORDER granting in part and denying in part #39 Motion to Dismiss signed by Judge Garland E. Burrell, Jr on 1/3/13; Defendant's dismissal motion is granted and denied in part. The motion is granted as to Plaintiffs' breach of contract and breach of the covenant of good faith and fair dealing claims; the motion is denied as to Plaintiffs' TILA and section 17200 claims. Plaintiffs are granted fourteen (14) days from the date on which this order is filed to file a Third-Amended Complaint addressing the deficiencies of any dismissed claim. (Matson, R)
January 2, 2013 Filing 46 NOTICE of Recent Supplementary Authority by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller re #39 MOTION to DISMISS. (Attachments: #1 Exhibit 1)(Helland, Matthew)
December 14, 2012 Opinion or Order Filing 45 MINUTE ORDER: The Motion to Dismiss, scheduled for hearing on 12/17/12, is submitted without oral argument. There will not be a hearing on 12/17/12, and no appearance is necessary. re #39 Motion to Dismiss Ordered by Judge Garland E. Burrell, Jr on 12/14/12. (Furstenau, S)
December 10, 2012 Filing 44 REPLY by Wells Fargo Bank, N.A. to RESPONSE to #39 MOTION to DISMISS. (Cross, Michael)
December 3, 2012 Filing 43 OPPOSITION to #39 Motion to Dismiss by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller. (Attachments: #1 Declaration of Matthew C. Helland, #2 Exhibit 1 of MCH Declaration) (Helland, Matthew) Modified on 12/4/2012 (Michel, G).
October 30, 2012 Filing 42 CERTIFICATE OF SERVICE re #39 MOTION to DISMISS by Wells Fargo Bank, N.A. (Cross, Michael) Modified on 10/31/2012 (Mena-Sanchez, L).
October 30, 2012 Filing 41 [PROPOSED] ORDER by Wells Fargo Bank, N.A. re MOTION TO DISMISS #39 (Cross, Michael) Modified on 10/31/2012 (Mena-Sanchez, L).
October 30, 2012 Filing 40 REQUEST FOR JUDICIAL NOTICE in SUPPORT MOTION to DISMISS #39 by Wells Fargo Bank, N.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cross, Michael) Modified on 10/31/2012 (Mena-Sanchez, L).
October 30, 2012 Filing 39 MOTION to DISMISS by Wells Fargo Bank, N.A.. Attorney Cross, Michael Gerald added. Motion Hearing set for 12/17/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Cross, Michael)
September 28, 2012 Filing 38 SECOND AMENDED COMPLAINT against All Defendants by Elizabeth Passantino-Miller, Miller Family Trust, James R. Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Helland, Matthew)
September 4, 2012 Opinion or Order Filing 37 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/31/12: Defendants' Motion to Dismiss, presently scheduled for hearing on September 10, 2012, is taken off the Court's calendar. Plaintiffs shall file a Second Amended Complaint on or before September 30, 2012. Defendants shall have 30 days to respond to Plaintiffs' Second Amended Complaint. (Kaminski, H)
August 31, 2012 Filing 36 STIPULATION and PROPOSED ORDER to take defendants' #26 Motion to Dismiss off calendar and file an Amended Complaint. (Barilovits, Philip) Modified on 9/5/2012 (Marciel, M)
August 31, 2012 Opinion or Order Filing 35 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 8/30/12. (Becknal, R)
August 29, 2012 Filing 34 STIPULATION and PROPOSED ORDER for Confidentiality Agreement by Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc. (Barilovits, Philip) Modified on 8/31/2012 (Reader, L).
August 28, 2012 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Dale A. Drozd on 8/27/2012 ORDERING #32 that the parties' request for entry of the proposed stipulated protective order, is DENIED without prejudice.(Reader, L)
August 22, 2012 Filing 32 STIPULATION and PROPOSED ORDER re Confidentiality Agreement by Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc.. (Attachments: #1 Proof of Service)(Barilovits, Philip) Modified on 8/23/2012 (Zignago, K.).
August 9, 2012 Opinion or Order Filing 31 MINUTE ORDER: The Motion to Dismiss, scheduled for hearing on 8/13/12, is rescheduled for 9/10/12 at 9:00 a.m. re #26 Motion to Dismiss Ordered by Judge Garland E. Burrell, Jr on 8/9/12. (Furstenau, S)
August 6, 2012 Filing 30 REPLY by Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc. in Support of #26 Motion to dismiss first amended class action complaint, motion to strike. (Barilovits, Philip) Modified on 8/7/2012 (Reader, L).
July 30, 2012 Filing 29 OPPOSITION by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller to #26 Motion to Dismiss. (Attachments: #1 Declaration of Matthew C. Helland, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 (Part 1), #6 Exhibit 4 (Part 2), #7 Exhibit 5, #8 Exhibit 6)(Helland, Matthew)
June 7, 2012 Filing 28 STATEMENT of CORPORATE DISCLOSURE STATEMENT by Defendants Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc.. (Kouvabina, Elena)
June 5, 2012 Opinion or Order Filing 27 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 6/5/12 ORDERING that the status (pretrial scheduling) conference set for hearing on 6/11/2012, is VACATED. Plaintiffs' motion for class certification shall be filed no later than 3/11/2013, and set for hearing on 5/20/2013 at 9:00 a.m.. Defendants' opposition is due by 4/15/2013, and Plaintiffs' reply is due by 5/6/2013. Designation of Expert Witnesses due by 11/8/2013, and any contradictory and/or rebuttal expert disclosure due by 12/13/2013. Discovery is due by 4/11/2014. The last hearing date for a motion is 6/16/2014 at 9:00 a.m.. Final Pretrial Conference is SET for 8/4/2014 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is SET for 11/4/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)
June 1, 2012 Filing 26 MOTION to DISMISS by Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc. Attorney Kouvabina, Elena K. added. Motion Hearing set for 08/13/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Kouvabina, Elena)
May 29, 2012 Filing 25 JOINT STATUS REPORT by Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc.. (Barilovits, Philip)
May 16, 2012 Filing 24 STIPULATION Regarding Time for Defendants to Respond to First Amended Class Complaint by Wells Fargo Bank, N.A. (Barilovits, Philip) Modified on 5/17/2012 (Meuleman, A).
May 11, 2012 Filing 23 WITHDRAWAL of #18 Motion to Dismiss First Amended Complaint by Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc.. (Barilovits, Philip)
May 3, 2012 Filing 22 FIRST AMENDED COMPLAINT against Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc. by Elizabeth Passantino-Miller, Miller Family Trust, James R. Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Helland, Matthew)
April 27, 2012 Opinion or Order Filing 21 STIPULATION and ORDER to continue Motion Hearing signed by Judge Garland E. Burrell, Jr. on 4/26/2012. Defendants' #18 Motion to Dismiss First Amended Complaint is RE-SET for 6/4/2012 at 9:00 AM in Courtroom 10 (GEB). Plaintiff shall file their Opposition by 5/14/2012. Defendants to file their Reply by 5/25/2012. (Marciel, M)
April 25, 2012 Filing 20 STIPULATION and PROPOSED ORDER to continue Hearing on defendants' #18 Motion to Dismiss First Amended Complaint. (Attachments: #1 Proposed Order) (Helland, Matthew) Modified on 4/27/2012 (Marciel, M)
April 18, 2012 Filing 19 NOTICE of APPEARANCE by Michael J. Steiner on behalf of defendants. Attorney Steiner, Michael J. added. (Steiner, Michael)
April 16, 2012 Filing 18 MOTION to DISMISS FIRST AMENDED CLASS ACTION COMPLAINT by defendants. Motion Hearing set for 5/14/2012 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Attorney Barilovits, Philip added. (Barilovits, Philip) Modified on 4/21/2012 (Marciel, M)
April 11, 2012 Opinion or Order Filing 17 PRO HAC VICE ORDER re #9 Pro Hac Vice Application signed by Judge Garland E. Burrell, Jr., on 4/10/12. Attorney Kai H. Richter, PHV added for plaintiffs. (Kastilahn, A)
April 11, 2012 Opinion or Order Filing 16 PRO HAC VICE ORDER re #8 Pro Hac Vice Application, signed by Judge Garland E. Burrell, Jr., on 4/10/12. Attorney Paul J. Lukas, PHV, ADDED for plaintiffs. (Kastilahn, A)
March 6, 2012 Filing 15 NOTICE of APPEARANCE by Adam W. Hansen on behalf of James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller. Attorney Hansen, Adam W. added. (Hansen, Adam)
March 5, 2012 Filing 14 CERTIFICATE of SERVICE by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller. (Helland, Matthew)
March 5, 2012 Filing 13 CERTIFICATE of SERVICE by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller. (Helland, Matthew)
March 5, 2012 Filing 12 SUMMONS RETURNED EXECUTED: Wells Fargo Insurance, Inc. on 2/21/12. (Helland, Matthew) Modified on 3/7/2012 (Meuleman, A).
March 5, 2012 Filing 11 SUMMONS RETURNED EXECUTED: Wells Fargo Bank, N.A. on 2/21/12 (Helland, Matthew) Modified on 3/7/2012 (Meuleman, A).
March 2, 2012 Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller for attorney Kai H. Richter to appear Pro Hac Vice. (Attachments: #1 Certificate of Record)(Helland, Matthew)
March 2, 2012 Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller for attorney Paul J. Lukas to appear Pro Hac Vice. (Attachments: #1 Certificate of Record)(Helland, Matthew)
February 21, 2012 Filing 7 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/11/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Attachments: #1 Order re Consent, #2 VDRP Form) (Kastilahn, A)
February 21, 2012 Opinion or Order Filing 6 ORDER of RECUSAL signed by Judge William B. Shubb on 2/21/12: Judge William B. Shubb is hereby RECUSED from this action. This case is reassigned to Judge Garland E. Burrell, Jr., and Magistrate Judge Dale A. Drozd for all further proceedings. The new case number is 2:12-0420 GEB DAD. Any dates previously set in this case are hereby VACATED. (Kastilahn, A)
February 17, 2012 Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference is SET for 5/29/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: #1 Consent to Magistrate Judge, #2 VDRP) (Mena-Sanchez, L)
February 17, 2012 Filing 4 SUMMONS ISSUED as to *Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc.* with answer to complaint due within *21* days. Attorney *Matthew C. Helland* *Nichols Kaster, LLP* *One Embarcadero Center, Suite 720* *San Francisco, CA 94111*. (Mena-Sanchez, L)
February 17, 2012 Filing 2 CIVIL COVER SHEET by James R. Miller, Miller Family Trust, Elizabeth Passantino-Miller (Helland, Matthew)
February 17, 2012 Filing 1 COMPLAINT against All Defendants by Elizabeth Passantino-Miller, Miller Family Trust, James R. Miller.(Helland, Matthew)
February 17, 2012 RECEIPT number #CAE200042323 $350.00 fbo Elizabeth Passantino-Miller, James R. Miller and Miller Family Trust by Matthew C. Helland on 2/17/2012. (Mena-Sanchez, L)

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Search for this case: Passantino-Miller et al v. Wells Fargo Bank, N.A., et al
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Plaintiff: Elizabeth Passantino-Miller
Represented By: Adam W. Hansen
Represented By: Kai H. Richter, PHV
Represented By: Shanon J. Carson, PHV
Represented By: Paul J. Lukas, PHV
Represented By: Matthew C. Helland
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Plaintiff: James R. Miller
Represented By: Adam W. Hansen
Represented By: Kai H. Richter, PHV
Represented By: Paul J. Lukas, PHV
Represented By: Matthew C. Helland
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Plaintiff: Miller Family Trust
Represented By: Adam W. Hansen
Represented By: Kai H. Richter, PHV
Represented By: Paul J. Lukas, PHV
Represented By: Matthew C. Helland
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Defendant: Wells Fargo Bank, N.A.
Represented By: Elena K. Kouvabina
Represented By: Philip Barilovits
Represented By: Michael Gerald Cross
Represented By: Michael J. Steiner
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Defendant: American Security Insurance Company
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Defendant: Wells Fargo Insurance, Inc.
Represented By: Philip Barilovits
Represented By: Michael J. Steiner
Represented By: Elena K. Kouvabina
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