Weiner v. Ocwen Financial Corporation, et al
David Weiner |
Ocwen Loan Servicing, LLC and Ocwen Financial Corporation |
2:2014cv02597 |
November 5, 2014 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Deborah Barnes |
Morrison C England |
Racketeer/Corrupt Organization |
18 U.S.C. § 1962 |
Plaintiff |
Docket Report
This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 155 NOTICE of RULING on Motion to Quash Subpoena for Production of documents by David Weiner re #152 Notice . (Klausner, Peter) Modified on 3/21/2019 (York, M). |
Filing 154 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/20/19 AMENDING the 1/16/19 Amended Scheduling Order as follows: Initial Expert Depositions due 4/19/19, Disclosure of Expert Rebuttal Reports due 5/6/19, Depositions of Experts Concerning Rebuttal Reports due 5/24/19, Completion of Expert Discovery due 5/24/19, Dispositive Motions due 6/28/19, Opposition due 8/2/19 and Reply due 8/30/19. (Kastilahn, A) |
Filing 153 STIPULATION and PROPOSED ORDER to Amend Scheduling Order by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Luskey, Randy) Modified on 3/15/2019 (Benson, A.). |
Filing 152 NOTICE of ruling on Motion to Quash subpoena for Production of documents by David Weiner. (Klausner, Peter) Modified on 2/14/2019 (Mena-Sanchez, L). |
Filing 151 ORDER signed by District Judge Morrison C. England, Jr. on 1/16/2019 IT IS SO ORDERED Discovery due by 2/20/2019, Expert Disclosures due by 3/6/2019, Initial Expert Depositions set for 3/27/2019, Disclosure of expert rebuttal report by 4/15/2019, Depositions of experts concerning rebuttal reports by 5/3/2019, Completion of expert discovery by 5/3/2019, Dispositive Motions filed by 5/31/2019, Opposition to dispositive motions by 6/28/2019, Replies due by 7/26/2019. (Reader, L) |
Filing 150 STIPULATION and PROPOSED ORDER for Amending Scheduling Order and Continue Case Deadlines by David Weiner. (Alberstone, Daniel) |
Filing 149 JOINT STATUS REPORT Concerning the Status of Mediation Proceedings by Plaintiff David Weiner re #148 Order. (Pifko, Mark) Modified on 11/13/2018 (Kaminski, H). |
Filing 148 ORDER signed by District Judge Morrison C. England, Jr on 10/24/18 DENYING Plaintiff's Motion to Compel Contact Information of Potential Class Members to Facilitate Class Notice (ECF No. #130 ), without prejudice to refiling the motion provided that the contemplated mediation has concluded without success. Plaintiff's request that sanctions be imposed against Defendants for having to bring the Motion is also DENIED. The parties are directed to file a Joint Status Report concerning the status of mediation proceedings in this matter not later than 11/30/18. (Becknal, R) |
Filing 147 WITHDRAWAL of #146 Motion to Compel filed by David Weiner. (Klausner, Peter) |
Filing 146 MOTION to COMPEL Additional Custodians for Production of ESI by David Weiner. Motion Hearing set for 9/14/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Certificate of Service)(Pifko, Mark) |
Filing 145 WITHDRAWAL of #144 Motion to compel filed by David Weiner. (Klausner, Peter) |
Filing 144 MOTION TO COMPEL additional Search Terms for Production of ESI by David Weiner. (Attachments: #1 Certificate of Service)(Pifko, Mark) |
Filing 143 ORDER signed by District Judge Morrison C. England, Jr on 6/18/18 ORDERING the Court, having considered the Motion To Strike Stipulation Re Deposition of William Erbey #138 finding good cause therein, hereby orders Docket #138 is STRICKEN. (Becknal, R) |
Filing 142 ORDER signed by District Judge Morrison C. England, Jr on 6/18/18 ORDERING William Charles Erbey's deposition shall be held on 8/21/18 at 9:30 a.m. at Podhurst Orseck, P.A. SunTrust International Center One S.E. 3rd Ave, Ste., 2300, Miami, FL 33131. (Becknal, R) |
Filing 141 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the July 26, 2018 hearing on the Motion to Strike #139 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
Filing 140 STIPULATION and PROPOSED ORDER for Deposition of William Erbey by David Weiner. (Attachments: #1 Proposed Order)(Pifko, Mark) |
Filing 139 MOTION to STRIKE #138 Stipulation and Proposed Order by David Weiner. Motion Hearing set for 7/26/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Memorandum, #2 Proposed Order)(Pifko, Mark) Modified on 6/15/2018 (Hunt, G). |
Filing 138 [STRICKEN PER #143 ORDER]] STIPULATION and PROPOSED ORDER for Deposition of William Erbey by David Weiner. (Attachments: #1 Proposed Order)(Pifko, Mark) Modified on 6/19/2018 (Becknal, R). |
Filing 137 NOTICE of APPEARANCE by Sterling Lynn Cluff on behalf of David Weiner. Attorney Cluff, Sterling Lynn added. (Cluff, Sterling) |
Filing 136 SEALED EVENT (Attachments: #1 Part 2, #2 Part 3) (Fabillaran, J) |
Filing 135 REPLY by David Weiner re #130 Motion to Compel. (Pifko, Mark) |
Filing 134 OPPOSITION by Defendants to #130 Motion to Compel. (Attachments: #1 Declaration of Randall S. Luskey, #2 Exhibit A - E)(Luskey, Randy) Modified on 5/18/2018 (Mena-Sanchez, L). |
Filing 133 ORDER signed by District Judge Morrison C. England, Jr. on 05/16/18 ORDERING that the #129 Notice of Request to Seal Document(s) is GRANTED. (Benson, A.) |
Filing 132 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the May 31, 2018, hearing on the Motion to Compel #130 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
Filing 131 CERTIFICATE of SERVICE by David Weiner re #130 Motion to Compel and #129 Notice of Request to Seal Document(s). (Pifko, Mark) Modified on 5/4/2018 (Zignago, K.). |
Filing 130 MOTION to COMPEL by David Weiner. Motion Hearing set for 5/31/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Mark Pifko, #3 Redacted Exhibits, #4 Proposed Order)(Pifko, Mark) Modified on 5/4/2018 (Zignago, K.). |
Filing 129 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by David Weiner. (Attachments: #1 Request to File Under Seal, #2 Declaration of Mark Pifko, #3 Proposed Order)(Pifko, Mark) |
Filing 128 ORDER signed by District Judge Morrison C. England, Jr. on 4/5/2018 ORDERING that Stipulated ESI Protocol is APPROVED. (Reader, L) |
Filing 127 PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 3/30/2018 ORDERING Attorney Richard A. Jacobsen, to appear for Ocwen Financial Corporation, and Ocwen Loan Servicing, LLC. (Reader, L) |
Filing 126 JOINT STIPULATION for Entry of ESI Protocol Order. re #120 Order by David Weiner. (Attachments: #1 Proposed Order)(Pifko, Mark) Modified on 4/2/2018 (Reader, L). |
Filing 125 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC for attorney Richard A. Jacobsen to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7576745) (Attachments: #1 Certificate of Good Standing)(Luskey, Randy) |
Filing 124 NOTICE of APPEARANCE by Jennifer Christine Lee on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney Lee, Jennifer Christine added. (Lee, Jennifer) |
Filing 123 NOTICE of APPEARANCE by Melinda L Haag on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney Haag, Melinda L added. (Haag, Melinda) |
Filing 122 NOTICE of APPEARANCE by Randy Scott Luskey on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Luskey, Randy) |
Filing 121 ASSOCIATION of ATTORNEY: Added attorney Randy Scott Luskey for Ocwen Financial Corporation,Randy Scott Luskey for Ocwen Loan Servicing, LLC. (Luskey, Randy) |
Filing 120 ORDER signed by District Judge Morrison C. England, Jr. on 3/17/2018 ORDERING The parties are ORDERED to file a Joint Notice of Trial Readiness not later than 30 days after receiving this Court's ruling on the last filed dispositive motion. If the parties do not intend to file dispositive motions, the parties are ORDERED to file a Joint Notice of Trial Readiness not later than 30 days after the close of discovery and the notice must include statements of intent to forgo the filing of dispositive motions. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the EDCA, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. After review of the parties' Joint Notice of Trial Readiness, the Court will issue an order that sets forth new dates for a final pretrial conference and trial. (Reader, L) |
Filing 119 WITHDRAWAL of #106 Amended Motion to Compel by David Weiner. (Pifko, Mark) |
Filing 118 STIPULATION and PROPOSED ORDER for ESI Collection, Pretrial Discovery, ADR and Pretrial Schedule by David Weiner. (Pifko, Mark) |
Filing 117 ORDER signed by Magistrate Judge Deborah Barnes on 3/6/2018 ORDERING #106 Motion to Compel Hearing Reset for 3/23/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; Joint Statement re discovery disagreement due by 3/16/2018. (Reader, L) |
Filing 116 JOINT STIPULATION and PROPOSED ORDER for Request to Continue Hearing Date on Plaintiff's Amended Motion to Compel by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Proposed Order)(Vergara, Catalina) Modified on 3/5/2018 (Reader, L). |
Filing 115 STATEMENT of the Parties Regarding Discovery Disagreement Under L.R. 251 by Plaintiff David Weiner re #106 Amended Motion to Compel. (Attachments: #1 Declaration of Mark Pifko, #2 Declaration of Catalina J. Vergara, #3 Proposed Order, #4 Certificate of Service)(Pifko, Mark) Modified on 3/5/2018 (Reader, L). |
Filing 114 ORDER signed by Magistrate Judge Deborah Barnes on 2/12/18, ORDERING that #106 Amended Motion to Compel hearing is CONTINUED to 3/9/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 3/2/2018, the parties shall file a joint statement that complies with the Local Rules and the undersigned's Standard Information. (Kastilahn, A) |
Filing 113 JOINT STATEMENT re DISCOVERY DISAGREEMENT by Plaintiff David Weiner re #106 Amended Motion to Compel. (Attachments: #1 Declaration of Mark Pifko, #2 Declaration of Catalina J. Vergara, #3 Proposed Order)(Pifko, Mark) Modified on 2/12/2018 (Fabillaran, J). |
Filing 112 ORDER signed by District Judge Morrison C. England, Jr., on 2/8/18, GRANTING Plaintiff's #110 Motion to Unseal the Court's Order on Plaintiff's Motion for Class Certification. The Clerk is ORDERED to file #102 the Memorandum and Order Granting Class Certification on the public docket.(Kastilahn, A) |
Filing 111 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the March 8, 2018, hearing on the Unopposed Motion to Unseal Court's Order on Plaintiff's Motion for Class Certification #110 is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
Filing 110 MOTION to UNSEAL Court's Order on Motion for Class Certification by David Weiner. Motion Hearing set for 3/8/2018 at 02:00 PM before District Judge Morrison C. England Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Mark Pifko, #3 Proposed Order)(Pifko, Mark) Modified on 2/7/2018 (Washington, S). |
Filing 109 TRANSCRIPT REQUEST by David Weiner for proceedings held on September 30, 2016 before Judge Magistrate Deborah Barnes. Court Reporter ECRO Jonathan Anderson. (Pifko, Mark) |
Filing 108 TRANSCRIPT of Plaintiff's Motion to Compel Proceedings held on 09/30/2016, before Magistrate Judge Deborah Barnes. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/23/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/3/2018 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
Filing 107 TRANSCRIPT REQUEST by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC for proceedings held on September 30, 2016 before Judge Magistrate Judge Barnes. Court Reporter ECRO Jonathan Anderson. (Vergara, Catalina) |
Filing 106 AMENDED #105 MOTION to COMPEL by David Weiner. Motion Hearing set for 2/16/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Pifko, Mark) Modified on 1/9/2018 (Fabillaran, J). |
Filing 105 MOTION to COMPEL Responses to Plaintiff's Discovery Requests by David Weiner. Motion Hearing set for 1/26/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Pifko, Mark) |
Filing 102 (UNSEALED per #112 Order) MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr., on 9/27/17, GRANTING Plaintiff's #77 Motion for Class Certification. (Kaminski, H) Modified on 2/9/2018 (Kastilahn, A). |
Filing 101 ORDER signed by District Judge Morrison C. England, Jr., on 7/28/17, ORDERING that Defendants' Request to File Certain Portions of Defendants' Opposition to Motion for Class Certification Pursuant to Local Rule 141 is GRANTED. (Kastilahn, A) |
Filing 100 MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 6/27/2017 DENYING #48 Motion for Interlocutory Review. (Michel, G.) |
Filing 99 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiff's Motion for Class Certification (ECF No. 77), scheduled for hearing on May 4, 2017, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
Filing 98 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion the April 20, 2017 hearing on the Plaintiff's Motion for Class Certification is vacated and continued to May 4, 2017 at 2:00 p.m. in courtroom 7. (Deutsch, S) |
Filing 97 SEALED EVENT (Attachments: #1 Sealed Event, #2 Sealed Event) (Kastilahn, A) |
Filing 96 ORDER signed by District Judge Morrison C. England, Jr on 4/12/17 GRANTING Plaintiff's Request to file certain portions of Plaintiff's Reply in support of Motion for Class Certification under seal pursuant to Local Rule 141.(Mena-Sanchez, L) |
Filing 95 SEALED EVENT re #78 Order. (Michel, G.) |
Filing 94 SEALED EVENT re #78 Order. (Michel, G.) |
Filing 93 SEALED EVENT re #78 Order. (Michel, G.) |
Filing 92 CERTIFICATE of SERVICE by David Weiner re #90 Notice of Request to Seal Document(s), #91 Reply. (Pifko, Mark) |
Filing 91 REPLY by David Weiner re #77 MOTION to CERTIFY CLASS FRCP 23(a) and 23(b), #90 Notice of Request to Seal Document(s). (Attachments: #1 Redacted Declaration of Mark Pifko, #2 Redacted Exhibit Nos. 21-28 to Declaration of Mark Pifko)(Pifko, Mark) Modified on 4/7/2017 (Kaminski, H). |
Filing 90 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by David Weiner. (Attachments: #1 Request to File Under Seal, #2 Declaration of Mark Pifko ISO Request to File Under Seal, #3 Proposed Order)(Pifko, Mark) |
Filing 89 SEALING ORDER signed by District Judge Morrison C. England, Jr on 3/21/17 ORDERING that Defendants' Request to File Notice of Errata Under Seal Pursuant to Local Rule 141 is GRANTED. The following documents or portions thereof identified in Defendants' Request shall be filed under Seal pursuant to Local Rule 141 and the Stipulation and Protective Order issued by this Court on 8/17/15 (Dkt. #19 ): Defendants' Notice of Errata; and Exhibit A to Defendants' Notice of Errata. (Becknal, R) |
Filing 88 NOTICE OF ERRATA RE DKT. NO. [85-3] by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (McKeen, Elizabeth) |
Filing 87 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (McKeen, Elizabeth) |
Filing 86 ORDER signed by District Judge Morrison C. England, Jr., on 3/14/17 ORDERING that Defendants' Request to File Certain Portions of Defendants' Opposition to Motion for Class Certification is GRANTED. (Kastilahn, A) |
Filing 85 OPPOSITION by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC to #77 MOTION to CERTIFY CLASS. (Attachments: #1 Declaration of Elizabeth L. McKeen, #2 Declaration of Jason Jastrzemski, #3 Declaration of William G. Hamm, #4 Declaration of Neil Librock)(McKeen, Elizabeth) Modified on 3/14/2017 (Reader, L). |
Filing 84 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (McKeen, Elizabeth) |
Filing 83 ORDER signed by District Judge Morrison C. England, Jr on 3/8/17 ORDERING that the Defendants shall be permitted up to twenty-five (25) pages for their Opposition to Plaintiff's Motion for Class Certification. Plaintiff's Reply, in turn, may be up to fifteen (15) pages in length in light of the extended Opposition.(Becknal, R) |
Filing 82 RESPONSE by David Weiner to #81 Request. (Pifko, Mark) |
Filing 81 REQUEST for Extension of Page Limit For Defendants' Opposition to Motion for Class Certification by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Proposed Order)(Vergara, Catalina) |
Filing 80 ORDER signed by Magistrate Judge Deborah Barnes on 2/6/2017 GRANTING #73 Motion to Compel. Plaintiff shall provide the responsive documents within fourteen days of the date of this order. (Washington, S) |
Filing 79 MINUTES (Text Only) gor proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 2/3/2017 re #73 MOTION to COMPEL Responses to Defendants' Discovery Requests filed by Ocwen Loan Servicing, LLC, Ocwen Financial Corporation. After hearing of arguments with respect to waiver, relevance, and privilege, for reasons stated on the record, dfts' #73 Motion to Compel Responses Submitted. Court to issue written order. Plaintiffs Counsel Mark Pifko present. Defendants Counsel Jim Bowman, telephonic. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
Filing 78 ORDER signed by District Judge Morrison C. England, Jr. on 1/31/2017 ORDERING Plaintiff's Request to File Portions of Plaintiff's Motion for Class Certification under Seal Pursuant to Local Rule 141 is GRANTED. The unredacted documents listed in this order shall be filed under SEAL pursuant to Local Rule 141 and the Stipulated Protective Order entered in this case #19 . (Reader, L) |
Filing 77 MOTION to CERTIFY CLASS by David Weiner. Motion Hearing set for 4/20/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Declaration of Mark Pifko, #3 Exhibits 1-20, #4 Proposed Order) (Pifko, Mark) Modified on 1/31/2017 (Jackson, T). |
Filing 76 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by David Weiner. (Attachments: #1 Request to File Under Seal, #2 Declaration of Mark Pifko, #3 Proposed Order)(Pifko, Mark) Modified on 1/31/2017 (Jackson, T). |
Filing 75 JOINT STATEMENT Regarding Discovery Disagreement Pursuant to L.R. 251 by Defendants Ocwen Financial Corporation, Ocwen Loan Servicing, LLC re #73 Moyion to Compel. (Attachments: #1 Declaration of James A Bowman, #2 Declaration of Mark Pifko)(Bowman, James) Modified on 1/30/2017 (Becknal, R). |
Filing 74 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Magistrate Judge Deborah Barnes on 1/18/2017: On the Court's own motion the defendant's Motion to Compel (ECF No. #73 ) set for hearing on 1/27/2017 is CONTINUED to 2/3/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) |
Filing 73 MOTION to COMPEL Responses to Defendants' Discovery Requests by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Motion Hearing set for 1/27/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Bowman, James) |
Filing 72 ORDER signed by District Judge Morrison C. England, Jr. on 1/4/2017 ORDERING that the 12/20/2016 Phase I discovery cutoff is EXTENDED to 1/27/2017 for defendants only, for limited purpose. All other applicable dates and deadlines remain unchanged. (Zignago, K.) |
Filing 71 ORDER signed by District Judge Morrison C. England, Jr. on 1/4/2017 ORDERING that the 12/20/2016 Phase I discovery cutoff is EXTENDED to 1/23/2017 for defendants only, for limited purpose. Any and all other Phase I discovery shall be completed by the 12/20/2016 cutoff. (Zignago, K.) |
Filing 70 STIPULATION and PROPOSED ORDER for Limited Continuance of Case Deadlines by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Proposed Order)(Bowman, James) |
Filing 69 STIPULATION and PROPOSED ORDER for limited continuance of case deadlines by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Proposed Order)(Bowman, James) |
RECEIPT number #CAE200078472 $31.00 #66 by O'Melveny & Myers on 12/6/2016. (Benson, A) |
RECEIPT number #CAE200078394 $31.00 fbo #67 David Weiner by Sacramento Legal Support, Inc. on 12/5/2016. (Michel, G.) |
Filing 68 WITHDRAWAL of #65 MOTION to COMPEL Responses to Plaintiff's Discovery Requests by David Weiner. (Pifko, Mark) |
Filing 67 AUDIO RECORDING REQUEST by David Weiner for proceedings held on November 18, 2016 before Judge Magistrate Judge Deborah Barnes. (Pifko, Mark) |
Filing 66 AUDIO RECORDING REQUEST by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC for proceedings held on 11/18/2016 before Judge Magistrate Judge Deborah Barnes. (Pavel, Ashley) |
Filing 65 MOTION to COMPEL Responses to Plaintiff's Discovery Requests by David Weiner. Motion Hearing set for 12/16/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Pifko, Mark) |
Filing 64 ORDER signed by Magistrate Judge Deborah Barnes on 11/22/16 DENYING #61 Motion to Compel. (Washington, S) |
Filing 63 MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 11/18/2016 re #61 Motion to Compel filed by David Weiner. Court addressed pltf's counsel as to class certification as stated on the record. Dfts' counsel addressed pltf's counsel's statements. After hearing of arguments, for reasons stated on the record, pltf's #61 Motion to Compel Submitted. Court to issue written order. Plaintiffs Counsel Mark Pifko present. Defendants Counsel Jim Bowman present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
Filing 62 STATEMENT Regarding Discovery Disagreement Under L.R. 251 by David Weiner re #61 Motion to Compel. (Attachments: #1 Declaration Mark Pifko, #2 Declaration James A. Bowman)(Pifko, Mark) |
Filing 61 MOTION to COMPEL Responses to Plaintiff's Discovery Requests by David Weiner. Motion Hearing set for 11/18/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Pifko, Mark) |
Filing 60 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Certify Question for Interlocutory Review (ECF No. 48), scheduled for hearing on October 6, 2016, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
Filing 59 TRANSCRIPT REQUEST by Ocwen Financial Corporation, and Ocwen Loan Servicing, LLC for proceedings held on 9/30/2016 before Judge Barnes. Court Reporter ECRO Jonathan Anderson. (Jackson, T) |
Filing 57 ORDER signed by Magistrate Judge Deborah Barnes on 09/30/16 ORDERING that #40 #43 plaintiff's Motion to Compel is GRANTED to the extent that the court rules that the relevant discovery period shall date back to 04/01/08. (Benson, A) |
RECEIPT number #CAE200077057 $30.00 fbo David Weiner by Sacramento Legal Support, Inc. on 10/3/2016 re #56 Audio Recording Request. (Michel, G.) |
RECEIPT number CAE20077069 for $30.00 for tape duplication from O'Melveny and Myers LLP. (Becknal, R) |
Filing 58 MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 9/30/2016 re #40 Motion to Compel filed by David Weiner. After hearing, for reasons stated on the record, pltf's motion to compel granted in part, to the extent the court rules that the relevant discovery period dates back to April 1, 2008. Court to issue written order. Plaintiffs Counsel Mark Pifko present. Defendants Counsel James Bowman present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
Filing 56 AUDIO RECORDING REQUEST by David Weiner for proceedings held on 09/30/2016 before Judge Magistrate Judge Deborah Barnes. (Pifko, Mark) |
Filing 55 AUDIO RECORDING REQUEST by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC for proceedings held on September 30, 2016 before Judge Barnes. (Pavel, Ashley) |
Filing 54 REPLY by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC re #48 MOTION to Certify Question for Interlocutory Review Pursuant to 28 U.S.C. 1292(b). (Vergara, Catalina) |
Filing 53 AMENDED JOINT STATEMENT Regarding Discovery Disagreement Under L.R. 251 by Plaintiff David Weiner re #40 Motion to Compel. (Attachments: #1 Declaration of Mark Pifko in Support of Plaintiff's Amended Motion to Compel, #2 Declaration of James A. Bowman in Support of Amended Joint Statement)(Pifko, Mark) Modified on 9/26/2016 (Zignago, K.). |
Filing 52 OPPOSITION by David Weiner to #48 MOTION to Certify Question for Interlocutory Review Pursuant to 28 U.S.C. 1292(b). (Pifko, Mark) |
Filing 51 AUDIO RECORDING REQUEST by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC for proceedings held on 09/02/2016 before Judge Barnes. (Pavel, Ashley) |
RECEIPT number #CAE200076854 $30.00 by O'Melveny and Myers, LLP on 9/19/2016. (Michel, G.) |
Filing 50 ORDER signed by District Judge Morrison C. England, Jr. on 9/15/2016 ORDERING that all discovery relevant to whether this action should be certified as a class action shall be completed by 12/20/2016. Plaintiff's Motion for Class Certification shall be filed no later than 1/30/2017. The deposition of Plaintiff's Class Certification Expert(s) shall take place during the period 2/13/2017 through 2/22/2017. Defendants' Opposition to Plaintiff's Motion for Class Certification shall be filed no later than 3/13/2017. The deposition of Defendants' Class Certification Expert(s) shall take place during the period 3/20/2017 through 3/29/2017. Plaintiff's Reply in support of his Motion for Class Certification shall be filed no later than 4/6/2017. The hearing on Plaintiff's Motion for Class Certification shall be held on 4/20/2017. (Zignago, K.) |
Filing 49 STIPULATION and PROPOSED ORDER for Continuing Case Deadlines by David Weiner. (Attachments: #1 Proposed Order)(Pifko, Mark) |
Filing 48 MOTION to Certify Question for Interlocutory Review Pursuant to 28 U.S.C. 1292(b) by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Motion Hearing set for 10/6/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Catalina J. Vergara, #3 Exhibit 1 to the Declaration, #4 Exhibit 2 to the Declaration, #5 Exhibit 3 to the Declaration, #6 Exhibit 4 to the Declaration, #7 Proposed Order)(Vergara, Catalina) |
Filing 47 ORDER signed by Magistrate Judge Deborah Barnes on 9/2/16 ORDERING #40 Motion to Compel CONTINUED to 9/30/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 9/23/16, the parties shall file a complete and concise joint statement.(Washington, S) |
Filing 46 MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 9/2/2016 re #40 Motion to Compel filed by David Weiner. Court addressed meet and confer process with parties. After hearing, for reasons stated on the record, matter continued to 9/30/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes to allow parties to meet and confer. Parties shall file an amended joint statement, with evidence of a robust meet and confer process, seven days before the hearing. Court to issue written order. Plaintiffs Counsel Mark Pifko present. Defendants Counsel James Bowman present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
Filing 45 WITHDRAWAL of #43 MOTION to COMPEL Responses to Defendants' Discovery Requests by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Vergara, Catalina) |
Filing 44 JOINT STATEMENT REGARDING DISCOVERY DISAGREEMENT UNDER L.R. 251 by David Weiner. Motion Hearing set for 9/2/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Declaration of Mark Pifko, #2 Declaration of James A. Bowman, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Proposed Order)(Pifko, Mark) Modified on 8/29/2016 (Buzo, P). |
Filing 43 MOTION to COMPEL Responses to Defendants' Discovery Requests by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Motion Hearing set for 9/2/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Vergara, Catalina) |
Filing 42 NOTICE TO RESCHEDULE HEARING re #40 Motion to Compel by David Weiner. Motion Hearing RESET for 9/2/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Pifko, Mark) Modified on 8/4/2016 (Michel, G.). |
Filing 41 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for Magistrate Judge Deborah Barnes: The court is in receipt of Plaintiff's Motion to Compel (ECF No. #40 ). The motion is noticed for hearing on 8/24/2016, which is not an available law and motion date. Accordingly, the hearing on the motion is VACATED. The parties are instructed to re-notice the motion on one of the following Civil Law and Motion dates: 9/2/2016 or 9/23/2016 at 10:00 a.m. in Courtroom 27 before Magistrate Judge Deborah Barnes. (Streeter, J) |
Filing 40 MOTION TO COMPEL Production of Documents by David Weiner. Motion Hearing SET for 8/24/2016 at 10:00 AM before Magistrate Judge Deborah Barnes. (Pifko, Mark) |
Filing 39 ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Carolyn K. Delaney* to Magistrate Judge Deborah Barnes for all further proceedings. (Mena-Sanchez, L) |
Filing 38 ORDER signed by District Judge Morrison C. England, Jr. on 07/29/16 ORDERING that, pursuant to #37 Stipulation, the following deadlines are CONTINUED: all discovery relevant to whether this action should be certified as a class action shall be completed by 10/20/16; plaintiff's Motion for Class Certification shall be filed by 12/01/16; the deposition of plaintiff's Class Certification Experts shall take place 12/12/16-12/21/16; defendants' Opposition to the Motion is due by 01/12/17; deposition of defendants' Class Certification Experts shall take place 01/23/17-02/01/17; plaintiff's reply in support of motion is due by 02/09/17; the hearing on the Motion shall be 02/23/17 in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Benson, A) |
Filing 37 STIPULATION and PROPOSED ORDER for Continuing Case Deadlines by David Weiner. (Attachments: #1 Proposed Order to Continue Case Deadlines)(Pifko, Mark) |
Filing 36 ORDER signed by District Judge Morrison C. England, Jr on 5/3/16 ORDERING that All Discovery in Phase I shall be limited to facts that are relevant to whether this action should be certified as a class action and shall be completed by 8/25/2016. The hearing on the certification motion shall be 12/1/2016 at 02:00 PM. All papers should be filed in conformity with the Local Rules. However, the parties shall comply with the following filing deadlines: Plaintiff's Motion filed not later than 10/6/2016. Defendants' Responses filed not later than 11/3/2016. Plaintiff's Reply filed not later than 11/17/2016.(Mena-Sanchez, L) |
Filing 35 NOTICE of APPEARANCE by Erika Maki Rasch on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney Rasch, Erika Maki added. (Rasch, Erika) |
Filing 34 NOTICE of APPEARANCE by Peter Klausner on behalf of David Weiner. Attorney Klausner, Peter added. (Klausner, Peter) |
Filing 33 AMENDED ORDER signed by Chief Judge Morrison C. England, Jr. on 3/14/2016 ORDERING #31 Defendant Ocwen's Motion to Stay, #20 is accordingly DENIED. (Reader, L) |
Filing 32 NOTICE of APPEARANCE by Evan M. Zucker on behalf of David Weiner. Attorney Zucker, Evan M. added. (Zucker, Evan) |
Filing 31 ORDER signed by Chief Judge Morrison C. England, Jr. on 03/10/16 ORDERING that the #20 Motion to Stay is DENIED. (Benson, A) |
Filing 30 OBJECTION by David Weiner to #29 Notice of Supplemental Authority. (Pifko, Mark) Modified on 11/24/2015 (Zignago, K.). |
Filing 29 NOTICE of Supplemental Authority in Support of Defendants' Motion to Stay by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC re #20 Motion to Stay. (Attachments: #1 Exhibit A)(Bowman, James) |
Filing 28 ORDER REASSIGNING CASE by Chief Judge Morrison C. England, Jr.: Due to the elevation of Magistrate Judge Dale A. Drozd to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Carolyn K. Delaney*. (Donati, J) |
Filing 27 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Stay (ECF No. 20), scheduled for hearing on September 17, 2015, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
Filing 26 NOTICE of APPEARANCE by James Abbott Bowman on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney Bowman, James Abbott added. (Bowman, James) |
Filing 25 REPLY by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC re #20 Motion to Stay. (Attachments: #1 Declaration of Catalina J. Vergara, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Vergara, Catalina) |
Filing 24 OPPOSITION by David Weiner to #20 Motion to Stay. (Attachments: #1 Declaration Mark Pifko)(Pifko, Mark) |
Filing 23 NOTICE of APPEARANCE by Michael Isaac Miller on behalf of David Weiner. Attorney Miller, Michael Isaac added. (Miller, Michael) |
Filing 22 NOTICE of APPEARANCE by Roland Karim Tellis on behalf of David Weiner. Attorney Tellis, Roland Karim added. (Tellis, Roland) |
Filing 21 NOTICE of APPEARANCE by Daniel Alberstone on behalf of David Weiner. Attorney Alberstone, Daniel added. (Alberstone, Daniel) |
Filing 20 MOTION to STAY by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Motion Hearing set for 9/17/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Attachments: #1 Proposed Order)(Vergara, Catalina) |
Filing 19 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 8/17/15. (Manzer, C) |
Filing 18 STIPULATION and PROPOSED ORDER for a Protective Order by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Vergara, Catalina) |
Filing 17 ANSWER by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC.(Vergara, Catalina) |
Filing 16 MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 7/28/15 ORDERING for all the reasons set forth above, Ocwen's Motion to Dismiss (ECF No. #6 ) is DENIED. (Becknal, R) |
Filing 15 NOTICE OF SUPPLEMENTAL AUTHORITY in support of #6 Motion to Dismiss by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Exhibit A)(Vergara, Catalina) Modified on 6/1/2015 (Benson, A). |
Filing 14 NOTICE OF SUPPLEMENTAL AUTHORITY in support of #6 Motion to Dismiss by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Exhibit A)(Vergara, Catalina) |
Filing 13 NOTICE OF SUPPLEMENTAL AUTHORITY in support of #6 Motion to Dismiss by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Exhibit A) (Vergara, Catalina) Modified on 2/27/2015 (Michel, G.). |
Filing 12 NOTICE OF SUPPLEMENTAL AUTHORITY in support of #6 Motion to Dismiss by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Attachments: #1 Exhibit A) (Vergara, Catalina) Modified on 2/13/2015 (Kaminski, H). |
Filing 11 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Dismiss (ECF No. 6) scheduled for hearing on 2/22/2015, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date.(Deutsch, S) |
Filing 10 REPLY by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC re #6 MOTION to DISMISS. (Vergara, Catalina) |
Filing 9 OPPOSITION by David Weiner to #6 MOTION to DISMISS. (Pifko, Mark) |
Filing 8 JOINT STATUS REPORT by David Weiner. (Pifko, Mark) |
Filing 7 STATEMENT of Corporate Disclosure by Defendants Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. (Vergara, Catalina) |
Filing 6 MOTION to DISMISS by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney Vergara, Catalina Joos added. Motion Hearing set for 1/22/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Attachments: #1 Declaration of Catalina J. Vergara, #2 Exhibit A to Vergara Declaration, #3 Request for Judicial Notice, #4 Exhibit 1 to Request for Judicial Notice, #5 Proposed Order)(Vergara, Catalina) |
Filing 5 NOTICE of APPEARANCE by Ashley Pavel on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney Pavel, Ashley added. (Pavel, Ashley) |
Filing 4 NOTICE of APPEARANCE by Elizabeth Lemond McKeen on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC. Attorney McKeen, Elizabeth Lemond added. (McKeen, Elizabeth) |
Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Becknal, R) |
Filing 2 SUMMONS ISSUED as to *Ocwen Financial Corporation, Ocwen Loan Servicing, LLC* with answer to complaint due within *21* days. Attorney *Mark Pifko* *Baron & Budd* *15910 Ventura Boulevard, Suite 1600* *Encino, CA 91436*. (Becknal, R) |
Filing 1 COMPLAINT against Ocwen Financial Corporation, a Florida corporation, Ocwen Loan Servicing, LLC, a Delaware limited liability company by David Weiner. Attorney Pifko, Mark added. (Filing fee $ 400, receipt number 0972-5598795) (Attachments: #1 Civil Cover Sheet)(Pifko, Mark) |
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