Martin v. Litton Loan Servicing LP
| Renee' L. Martin |
| Litton Loan Servicing LP and Ocwen Loan Servicing LLC |
| 2:2012cv00970 |
| April 12, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Morrison C. England |
| Foreclosure |
| 15 U.S.C. ยง 1640 |
| None |
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Filing
225
ORDER signed by District Judge Morrison C. England, Jr. on 5/18/2017 DENYING Plaintiff's 223 Motion for Reconsideration. This matter is CONFIRMED for trial on Monday, 5/22/2017, at 9:00 a.m. in Courtroom 7. (Zignago, K.)
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Filing
221
FINAL PRETRIAL ORDER signed by District Judge Morrison C. England, Jr on 4/25/17: Plaintiff's Motion for an Extension of Time and a New Date for Trial (ECF No. 218) is DENIED. Defendant's Motion to Strike and Motions in Limine are GRANTED as unopposed. Bench Trial set for 5/22/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Kaminski, H)
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Filing
202
ORDER RE: RELEASE OF BOND PROCEEDS signed by District Judge Morrison C. England, Jr., on 11/22/16, ORDERING that the Clerk is directed to release the entire amount of the bond proceeds including all principal and interest accrued thereon to Ocwen Loan Servicing, LLC. The check payable to "Houser & Allison, APC client trust account on behalf of Ocwen Loan Servicing LLC". (Kastilahn, A)
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Filing
198
ORDER signed by District Judge Morrison C. England, Jr. on 11/07/2016 OVERRULING Plaintiff's 191 Opposition and FURTHER ORDERING that not later than 10 days following the date this order is electronically filed, Defendants are directed to file a notice and proposed order with the Court advising as to who should receive what amount of principal, who should receive what amount of interest, and where the check should be mailed. (Jackson, T)
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Filing
197
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr on 11/1/16: Final Pretrial Conference set for 4/6/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr..The parties shall file trial briefs not later than 3/9/17. Any evidentiary or procedural motions are to be filed by 3/9/17. Jury Trial set for 5/22/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Kaminski, H)
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Filing
190
ORDER ADOPTING 189 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 09/30/16 ORDERING that defendants' 163 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: Summary judg ment is DENIED as to plaintiff's FDCPA claim against Ocwen for violation of 15 U.S.C. § 1692d(5) and (6); and the motion is GRANTED in all other respects. This action proceeds on plaintiff's FDCPA claim against Ocwen for violation of 15 U.S.C. § 1692d(5) and (6). Defendants' 162 Motion to Dissolve the Preliminary Injunction and Release Bond is GRANTED; the 04/26/13 72 Preliminary Injunction is DISSOLVED; the related bond is EXONERATED and the Clerk is directed to release those funds to defendants (cc: Financial). (Benson, A)
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Filing
189
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/15/2016 ORDERING that Plaintiff's 174 motion to modify the scheduling order is DENIED; and Defendants' 185 Motion to Strike is DENIED; RECOMMENDING that Defendants 163 Motion for Summary Judgment be granted in part and denied in part; the 162 Preliminary Injunction entered on 4/26/2013 be dissolved, the related bond be exonerated, and the Clerk be directed to release those funds to defendants; Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's.(Reader, L)
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Filing
171
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/4/2016 ORDERING the hearing on defendants' Motion for Summary Judgment and Motion to dissolve the preliminary injunction is CONTINUED to 3/9/2016; Plaintiff shall file and serve any Opposition or a Statement of Non-Opposition to the pending motions by 2/24/2016, 163 , 162 ; Defendants reply, if any, shall be filed by 3/2/2016. (Reader, L)
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Filing
161
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/23/2015 GRANTING 160 Ex Parte Application to modify 145 Scheduling Order. All pretrial motions, except motions to compel discovery, shall be completed on or before 2/17/2016. (Zignago, K.)
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Filing
159
ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 8/14/15. For the reasons on the record, defendants' 148 Motion to Strike is DENIED and the court's scheduling order is MODIFIED: Initial expert disclosures due by 8/26/ 15, and rebuttal disclosures by 9/23/15; Designation of Expert Witnesses due by 9/23/2015; Discovery completed by 10/21/2015; Pretrial motions, except motions to compel discovery, completed by 12/16/2015. (Meuleman, A) Modified on 8/14/2015 (Meuleman, A).
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Filing
145
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Edmund F. Brennan on 5/6/2015 ORDERING the parties to make initial disclosures by 5/20/2015; ORDERING that all discovery be completed by 9/16/2015; ORDERING that all motions to compel discovery be heard by 8/12/2015; ORDERING the parties to make their initial expert disclosures by 6/17/2015; ORDERING the parties to make their rebuttal disclosures by 7/15/2015; ORDERING that all pretrial motions, exce pt motions to compel discovery, be completed by 11/18/2015; SETTING the Final Pretrial Conference for 11/17/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; ORDERING that pretrial statements be filed in accordance with Local Rules 281 and 282, and the requirements set forth herein; SETTING the Jury Trial for 1/9/2017 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; DISCHARGING 137 Order to Show Cause; ORDERING that no sanctions be imposed. (Michel, G.)
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Filing
137
ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 3/25/15 ORDERING that the status (pretrial scheduling) conference currently set for 4/1/15, is continued to 5/6/15 at 10:00 a.m. in Courtroom No. 8; On or before 4 /22/15, plaintiff shall file a status report addressing the issues raised in the court's 4/13/12 order 6 ; On or before 4/22/15, plaintiff shall also show cause, in writing, why sanctions should not be imposed for her failure to comply with the court's 1/23/15 order; Failure to comply with this order may result in the imposition of sanctions, including a recommendation that this action be dismissed. (Becknal, R)
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Filing
134
ORDER signed by Chief Judge Morrison C. England, Jr. on 3/19/2015 ORDERING that the 131 findings and recommendations are ADOPTED. Defendant's 119 motion to dismiss plaintiff's third amended complaint is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
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Filing
131
FINDINGS and RECOMMENDATIONS, recommending that defendant's 119 Motion to Dismiss plaintiff's Third Amended Complaint be granted in part and denied in part as follows: a) plaintiff's FDCPA claim against defendants Deutsche Bank, West ern, and Litton be dismissed without further leave to amend; b) plaintiff's quiet title claim be dismissed without further leave to amend;c) defendants' motion to dismiss plaintiff's FDCPA claim against Ocwen bedenied; and d) defendant s' Motion to Dismiss plaintiff's RESPA claim be denied, signed by Magistrate Judge Edmund F. Brennan on 2/17/2015. These Findings and Recommendations are SUBMITTED to Chief Judge Morrison C. England, Jr.. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
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Filing
129
ORDER granting in part plaintiff's request for continuance of her deposition 128 . Signed by Magistrate Judge Edmund F. Brennan on 12/11/14. (Hinkle, T)
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Filing
123
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/28/14 GRANTING 121 Motion for Extension. The hearing on 119 MOTION to DISMISS, currently set for 9/17/14, is CONTINUED to 10/8/14. Plaintiff shall file an opposition or statement of non-opposition to the motion on or before 9/24/2014. Defendants' reply, if any, shall be filed by 10/1/2014. Motion Hearing RESET for 10/8/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Meuleman, A)
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Filing
118
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/14 GRANTING defendants' 117 Motion for an Extension of Time; defendants time to respond to the Third Amended Complaint is EXTENDED to 8/6/2014. (Kastilahn, A)
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Filing
113
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/17/14 ORDERING plaintiff's request (ECF No. 112 ) is granted in part and plaintiff has until July 7, 2014 to file her third amended complaint. (Becknal, R)
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Filing
103
ORDER adopting in full 100 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 3/27/14. Defendants' 77 motion to dismiss plaintiff's second amended complaint is GRANTED as detailed in this ORDER. Plaintiff is GRANTED 30 days from the date of service of this order to file a third amended complaint. Plaintiff's 86 motion for summary judgment is DENIED. (Kastilahn, A)
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Filing
100
ORDER with FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/12/2014. It is ORDERED that plaintiff's 11 Motion for Recusal and 85 Motion for Sanctions be DENIED. Further, the Court is RECOMMENDING that defendant& #039;s 77 Motion to Dismiss Second Amended Complaint be granted; plaintiff be granted 30 days from date of service of any Order adopting these Findings and Recommendations to file a Third Amended Complaint; and plaintiff's 86 Motion for Summ ary Judgment be denied. These F & Rs are SUBMITTED to District Judge Morrison C. England, Jr.. Within 14 days after being served with these Findings and Recommendations, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
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Filing
91
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/7/13 ORDERING that Plaintiff's request to correct the typographical error in the points and authorities supporting her summary judgment motion, 90 , is GRANTED. The word "not" will be deemed inserted between the words was and executed on page 25 at line 17 of Plaintiff's points and authorities supporting her summary judgment MOTION 86 -1 at 27 (paragraph number 4 of Plaintiff's conclusion). The 8/21/13 hearing s on Plaintiff's MOTIONS for sanctions and for summary 85 and 86 are CONTINUED to 10/23/13 at 10:00 a.m. in CourtroomNo. 8. The status (pretrial scheduling) conference currently set for 9/18/13 is CONTINUED to December 18, 2013 at 10:00 a.m. in Courtroom No. 8.On or before 12/4/13, the parties shall file status reports, as provided in theCourt's 4/13/12 order. (Mena-Sanchez, L)
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Filing
84
ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/13 ORDERING that Plaintiff's MOTION for Reconsideration 74 is DENIED. (Mena-Sanchez, L)
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Filing
72
ORDER signed by Chief Judge Morrison C. England, Jr on 4/25/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/16/13 65 are ADOPTED in full; Defendants' MOTION to Dismiss Plaintiff's First Amended Complaint 32 is GRANTED IN PART and DENIED IN PART; Plaintiff is GRANTED thirty (30) days from the date of this order to file a second amended complaint. (Mena-Sanchez, L)
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Filing
65
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/16/2013 GRANTING 48 Plaintiff's motion for reconsideration; the F & R's # 47 are VACATED; the Status Pretrial Scheduling Conference is CONTINUED to 5/15/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; and on or before 5/1/2013 the parties shall file status reports, as set forth in this court's 6 Order; RECOMMENDING that 32 the motion to dismiss the first amended complaint be granted in part and denied in part; Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)
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Filing
50
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2012 ORDERING on or before 11/28/2012, defendants shall file a response to plaintiff's 48 Motion for Reconsideration; defendants shall specifically address why a Notice of Trustee� 39;s Sale was posted after defense counsel represented that such a sale would not be posted until after the court heard defendant's pending motion to dismiss and/or the parties conducted an early settlement conference; on or before 11/30/2012, plaintiff shall file a reply to any response filed by defendants. (Waggoner, D)
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Filing
47
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/15/12 recommending that 28 MOTION for PRELIMINARY INJUNCTION be denied without prejudice. Findings and Recommendations are submitted to Chief Judge Morrison C. England, Jr. Objections to F&R due within 14 days. (Matson, R)
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Filing
37
ORDER adopting in full 23 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 11/6/12. Plaintiff's 22 motion for a temporary restraining order and an order to show cause regarding a preliminary injunction is DENIED. (Kastilahn, A)
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Filing
25
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2012 GRANTING 24 Plaintiff's motion to amend her complaint, and the 10/10/2012 hearing thereon is VACATED; Within 30 days of the date of this order, plaintiff shall file her amended complaint; Defendants' 16 motion to dismiss, is DENIED as MOOT; Defendants shall file a response to plaintiffs amended complaint within the time prescribed in the Federal Rules of Civil Procedure. (Reader, L)
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Filing
23
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/22/12 RECOMMENDING that the 22 Motion for TRO be denied. Motion referred to Judge Morrison C. England, Jr. Objections due within 14 days. (Manzer, C)
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Filing
7
ORDER signed by Judge Kimberly J. Mueller on 4/12/12 ORDERING that Plaintiff has failed to show that a temporary retraining order is necessary to protect the status quo. See Winter, 555 U.S. at 22 ("Issuing a preliminary injunction based only on a possibility of irreparable harm is inconsistent with our characterization of injunctive relief as an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.") Here, plaintiff has not a dequately shown that irreparable injury is likely to result if a temporary restraining order is not issued. Plaintiffs motion is DENIED. This matter is referred to the assigned district judge for further proceedings, including the setting of a hearing on a preliminary injunction. (Becknal, R)
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