Lee et al v. Yang et al
Nou Lee and Bor Pha |
Yia Yang, Yia's Auto Sales, Inc. and Great American Insurance Company |
2:2012cv01580 |
June 12, 2012 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Dale A. Drozd |
Garland E. Burrell |
Other Fraud |
28 U.S.C. ยง 1332 |
Defendant |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 184 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/16/2016 ORDERING that the current balance in the account of $98,902.39, Heffler Claims Group is to be paid $15,656.53 for class administration. Heffler Claims Group is to distribute the remaining residual of $83,245.86 divided equally in the amount of $41,622.93 in checks made out to the California Rural Legal Assistance Foundation and the California Rural Legal Assistance. (Jackson, T) |
Filing 181 INJUNCTION signed by District Judge Troy L. Nunley on 8/17/2015 ORDERING Defendants Yia Yang; Yia Yang dba Yia's Auto Sales; Yia Yang dba Platinum Financial; and Yia's Auto Sales, Inc., SHALL IMMEDIATELY cease and shall not resume any such collection efforts and are hereby ORDERED to return any interest that Class Members have paid to Defendants at a rate that is in excess of the parties' contractual interest rate; the parties waive any requirement of a bond of undertaking and none shall be required; No person who has notice of this Injunction shall fail to comply with it nor shall any person subvert the Injunction by any sham, indirection or other artifice. (Reader, L) |
Filing 179 STIPULATION and ORDER REGARDING APPROPRIATION OF THE FUNDS OVERPAID TO THE SETTLEMENT ACCOUNT signed by District Judge Troy L. Nunley on 07/20/15 ORDERING that the Court REFUND the monies overpaid to the settlement account in the amount of $23,392.39. to Defendant Yia Yang in order for Yang to use such funds for payment towards Kemnitzer, Barron & Krieg's attorney's fees and costs (cc: Financial). (Benson, A) |
Filing 150 ORDER signed by District Judge Troy L. Nunley on 1/7/2015 PRELIMINARILY APPROVING the Settlement as within the range of reasonableness and possible final judicial approval; APPROVING the distribution of the Class Notice, including the Class Notice an d implementation of the Notice Plan; APPROVING Heffler Claims Group to act as the Claims Administrator; SETTING the Opt-Out Deadline sixty (60) days after the Class Notice is mailed to the Class; ALLOWING any Class Member who has not submitted a time ly request for exclusion from the Settlement Class to object to the fairness, reasonableness or adequacy of the proposed Settlement, or to the attorneys' fees application within sixty (60) days of the mailing of the Class Notice; STAYING proceedings pending Final Approval of the Settlement; SETTING a Final Approval Hearing for 4/23/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Michel, G) |
Filing 147 ORDER signed by District Judge Troy L. Nunley on 7/14/14: The counter-claim in interpleader and the cross-claim filed by Great American Insurance Company are hereby dismissed with prejudice.(Kaminski, H) |
Filing 144 ORDER signed by District Judge Troy L. Nunley on 7/8/2014 ORDERING that the complaint of Plaintiffs Bor Pha and Nou Lee is hereby DISMISSED, with prejudice, as to Defendant Great American Insurance Company. (Zignago, K.) |
Filing 138 ORDER RELEASING INTERPLED FUNDS signed by District Judge Troy L. Nunley on 5/22/2014 ORDERING that the clerk of the court is hereby directed to release the $50,000.00 interpled by Great American Insurance Company and any interest generated thereon to "Kemnitzer, Barron and Krieg in trust for plaintiffs Bor Pha and Nou Lee and the certified class." (cc: Financial) (Zignago, K.) |
Filing 137 STIPULATION and ORDER ALLOWING CONTINUANCE of date for filing Motion for Preliminary Approval signed by Magistrate Judge Carolyn K. Delaney on 5/27/14. The deadline for the Plaintiffs to file a MOTION for Preliminary Approval is CONTINUED to 6/22/2014. (Mena-Sanchez, L) |
Filing 130 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/19/14 ORDERING that Document 125 labeled as the Notice of Submission is hereby SEALED. (Kastilahn, A) |
Filing 123 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/6/2014 ORDERING the 118 MOTION to CERTIFY CLASS Hearing CONTINUED to 5/22/2014 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Donati, J) |
Filing 116 MEMORANDUM AND ORDER signed by District Judge Troy L. Nunley on 2/18/2014 ORDERING that Plaintiffs' 88 Motion for Class Certification is GRANTED. The Court appoints Plaintiffs Bor Pha and Nou Lee as class representatives. The Court appoints t he law firm of Kemnitzer, Barron & Krieg, LLP as class counsel. Plaintiffs shall prepare a proposed class notice consistent with Federal Rule of Civil Procedure 23(c)(2)(B). Plaintiffs shall file their proposed notice within fourteen (14) days of entry of this order for the Court's approval. (Zignago, K.) |
Filing 111 STIPULATION and ORDER 110 signed by Magistrate Judge Carolyn K. Delaney on 11/13/13 ORDERING that the Settlement Conference is CONTINUED to 3/24/2014 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Kastilahn, A) |
Filing 105 STIPULATION and ORDER 104 signed by Magistrate Judge Carolyn K. Delaney on 10/10/13 ORDERING that the Settlement Conference is CONTINUED from 10/11/2013 to 11/25/2013 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Kastilahn, A) |
Filing 86 MEMORANDUM and ORDER granting in part and denying in part 75 Motion to Dismiss signed by District Judge Troy L. Nunley on 8/26/13: Plaintiffs are ordered to file within seven (7) days from the date of entry of this order a Third Amended Complaint addressing the deficiencies in the referenced claims against Great American. (Kaminski, H) |
Filing 84 PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 8/12/13: The Class Certification hearing is set for 11/14/2013 at 2:00 PM in Courtroom #2. All discovery shall be completed by 9/30/2013. The last day to hear dispositive motions shall be 11/14/2013. The Final Pretrial Conference is set for 3/13/2014 at 2:00 PM in Courtroom #2 before District Judge Troy L. Nunley. The joint final pretrial conference statement is due by 2/13/2014. Trial briefs are due by 2/27/2014. An y evidentiary or procedural motions are to be filed by 2/20/2014, oppositions due by 2/27/2014, and any reply due by 3/6/2014. A Jury Trial is set for 5/19/2014 at 9:00 AM in Courtroom #2 before District Judge Troy L. Nunley. The panel will consist of eight (8) jurors. The parties estimate a trial length of five (5) days. A Settlement Conference is set for 10/11/2013 at 9:30 AM in Courtroom #24 before Magistrate Judge Carolyn K. Delaney. (Kastilahn, A) |
Filing 56 ORDER signed by Judge Garland E. Burrell, Jr on 3/28/2013 DENYING 44 Motion to file a second amended complaint. (Donati, J) |
Filing 43 ORDER signed by Judge Garland E. Burrell, Jr on 1/30/13 ORDERING that the Second Amended complaint is STRIKEN, and Defendant's MOTION to DISMISS 36 is DENIED as MOOT. (Mena-Sanchez, L) |
Filing 33 ORDER signed by Judge Garland E. Burrell, Jr. on 9/20/2012 ORDERING Plaintiff to file a Motion for Class Certification by 3/18/2013; CONTINUING the Status (Pretrial Scheduling) Conference to 5/13/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; ORDERING that a Joint Status Report be filed 14 days prior the the Status (Pretrial Scheduling) Conference. (Michel, G) |
Filing 29 ORDER signed by Judge Garland E. Burrell, Jr on 9/18/12 ORDERING 6 Motion to Dismiss is granted. Plaintiff's are granted ten days to file a Second Amended Complaint addressing the deficiencies in the referenced claims against Great American. (Matson, R) |
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