Cearley v. Wells Fargo Bank
Plaintiff: Ronald E Cearley
Defendant: Wells Fargo Bank
Case Number: 2:2015cv00353
Filed: February 11, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Date Filed Document Text
November 20, 2017 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/20/2017 RECOMMENDING that this action be dismissed for failure to prosecute and to comply with court orders and the court's local rules. Referred to District Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (York, M)
September 14, 2017 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/17 ORDERING that the 7/24/17 FINDINGS AND RECOMMENDATIONS 71 are VACATED; The Clerk is directed to serve Plaintiff with a copy of Defendant's MOTION to DISMISS 65 . Plaintiff shall file an opposition or statement of non-opposition to Defendant's MOTION to DISMISS 10/4/2017. Defendant may file a reply to Plaintiff's opposition, if any, no later than 10/11/2017. Thereafter, Defendant's MOTION to DISMISS 65 will stand submitted for decision. (Mena-Sanchez, L)
July 24, 2017 Opinion or Order Filing 71 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/24/2017 VACATING the 7/26/2017 Motion to Dismiss Hearing and the 8/9/2017 Initial Scheduling Conference. It is HEREBY RECOMMENDED that this action be dismissed for failure to prosecute and for failure to comply with court orders and local rules. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge Morrison C. England, Jr.(Donati, J)
June 20, 2017 Opinion or Order Filing 69 ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 6/20/2017 ORDERING the 65 Motion to Dismiss hearing CONTINUED to 7/26/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall SH OW CAUSE, in writing, no later than 7/12/2017, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Opposition or Statement of Non-Opposition due by 7/12/2017. Defendants reply, if any, due on or before 7/19/2017. (Donati, J)
March 29, 2017 Opinion or Order Filing 59 ORDER signed by District Judge Morrison C. England, Jr. on 3/28/2017 ORDERING that the 57 findings and recommendations are ADOPTED IN FULL. Defendant's 43 motion to dismiss Plaintiff's First Amended Complaint is GRANTED. Plaintiff' s first, second, third, fourth, fifth, and sixth causes of action are DISMISSED WITHOUT LEAVE TO AMEND. Plaintiff is GRANTED thirty days from the date of this order to file an amended complaint. Plaintiff's 58 motion for an extension of time to file his amended complaint is DENIED as moot. (Zignago, K.)
February 22, 2017 Opinion or Order Filing 57 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/21/17: The court's July 20, 2016 order to show cause 45 is discharged and no sanctions are imposed. It is RECOMMENDED that Defendant's motion to dismiss plaintiff's first amended complaint 43 be granted. Plaintiff's first, second, third, fourth, fifth, and sixth causes of action be dismissed without leave to amend. Plaintiff be granted thirty days from the date of service of any order adopting these findings and recommendations to file an amended complaint. F&R referred to District Judge Morrison C. England, Jr, Objections to F&R due within fourteen days. (Kaminski, H)
July 20, 2016 Opinion or Order Filing 45 ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 7/20/2016 CONTINUING the hearing on 43 Motion to Dismiss to 8/24/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the plaintiff to show cau se, in writing, by 8/10/2016, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion; ORDERING the plaintiff to file an opposition or statement of non-opposition to the 43 Motion to Dismiss by 8/10/2016; CAUTIONING the plaintiff that a failure to file an opposition to the motion will be deemed a statement of non-opposition thereto, and may result in a recommendation that this this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this courts Local Rules; ORDERING the defendant to file their reply by 8/17/2016. (Michel, G.)
April 27, 2016 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/27/16 GRANTING 37 Motion for Extension. The 3/16/16 findings and recommendations are held in ABEYANCE, and plaintiff has 30 days from the date of this order to submit the amended complaint. Should plaintiff fail to timely comply, those findings and recommendations will be submitted to the district judge for consideration. (Jackson, T)
March 16, 2016 Opinion or Order Filing 36 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/16/16 recommending that this action be dismissed. F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)
February 4, 2016 Opinion or Order Filing 34 ORDER signed by Chief Judge Morrison C. England, Jr on 2/2/16 ORDERING the Findings and Recommendations filed 1/8/16 33 are ADOPTED IN FULL; Plaintiff's Motion to Reverse and Revoke the Sale of Property 13 is DENIED; Defendant's Amended Motion to Dismiss 7 is GRANTED; and Plaintiff is granted thirty (30) days from the date this Order to file an amended complaint. Failure to file an complaint will result in dismissal of this action. (Becknal, R)
January 8, 2016 Opinion or Order Filing 33 ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/7/2016 DENYING 12 Motion to Press Criminal Charges; DENYING 14 Motion to Consolidate Cases; CONTINUING the Status (Pretrial Scheduling) Conference to 5/25/20 16 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the parties to file status reports as outlined in the 2 Order Setting Status (Pretrial Scheduling) Conference by 5/11/2016; RECOMMENDING that the 13 Motion to Reverse and Revoke the Sale of Property be denied; RECOMMENDING that the 7 Motion to Dismiss be granted and that the plaintiff be granted thirty days from the date of service of any order adopting these findings and recommendations to file an amended complaint; REFERRING this matter to Chief Judge Morrison C. England, Jr.; ORDERING that any objections be filed and served within fourteen days of service of this order. (Michel, G.)
May 8, 2015 Opinion or Order Filing 11 ORDER granting 9 Motion for Extension of time and 10 Motion to Vacate signed by Magistrate Judge Edmund F. Brennan on 5/7/15: HEARING as to 7 Amended Motion to Dismiss RESET for 6/17/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.(Kaminski, H)
April 16, 2015 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/15 ORDERING that Defendant shall conventionally serve plaintiff with a copy of the motion to dismiss in compliance with the court's local rules and the Federal Rules of Civil Procedur e by no later than April 20, 2015; The hearing on defendant's motion to dismiss, ECF No. 4, is continued to May 20, 2015; Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,no later than May 6, 2015; and Defendant may file a reply to plaintiff's opposition, if any, on or before May 13, 2015. (Becknal, R)
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Defendant: Wells Fargo Bank
Represented By: Obed Andrew Wheaton
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Plaintiff: Ronald E Cearley
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