Dougherty et al v. Bank of America, N.A. et al
Plaintiff: Penny Dougherty and Dennis Dougherty
Defendant: Bank of America, N.A., Wells Fargo Bank, N.A. and Select Portfolio Servicing, Inc.
Case Number: 2:2015cv01226
Filed: June 8, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Placer
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Troy L. Nunley
Nature of Suit: All Other Real Property
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 13, 2018 Opinion or Order Filing 89 PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 9/12/18, ORDERING that all discovery, with the exception of expert discovery, shall be completed by 12/28/2018. Designation of Expert Witnesses due by 2/28/2019. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 6/27/2019. (Kastilahn, A)
May 15, 2018 Opinion or Order Filing 86 AMENDED STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/15/2018 ORDERING that the Clerk of the Court shall release the bond payments paid by Plaintiffs Penny Dougherty and Dennis Dougherty totaling $15,300.00 to Plaintiffs Penny Dougherty and Dennis Dougherty with a check payable to Penny Dougherty and Dennis Dougherty in the amount of $15,300.00. (cc: financial). (Hunt, G)
May 8, 2018 Opinion or Order Filing 84 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/7/2018 ORDERING the Clerk of the Court shall release the bond payments paid by Plaintiffs Penny Dougherty and Dennis Dougherty totaling $15,300 to Plaintiffs Penny Dougherty and Dennis Dougherty with a check payable to Penny Dougherty and Dennis Dougherty in the amount of $15,000. (cc: Financial) (Zignago, K.)
April 18, 2018 Opinion or Order Filing 79 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/18: Defendants Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. are dismissed with prejudice, and each party shall bear its own attorneys' fees and costs.(Kaminski, H)
March 30, 2018 Opinion or Order Filing 76 ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION TO DISMISS signed by District Judge Troy L. Nunley on 3/29/18. The Court hereby DENIES Defendant's Motion to Dismiss Plaintiffs' Third and Sixth claims 45 and the Court GRANTS Defendant's Motion to Dismiss Plaintiffs' Fifth claim, with leave to amend Plaintiff's IIED claim as to this Defendant within 21 days of the date of this Order. (Mena-Sanchez, L)
March 28, 2018 Opinion or Order Filing 75 ORDER signed by District Judge Troy L. Nunley on 3/27/18. The Court GRANTS Defendants' Motion to Dismiss Plaintiffs' Third and Fifth Causes of Action 43 . The Court GRANTS Plaintiffs' leave to amend within 30 days of the date of this Order. (Mena-Sanchez, L)
June 2, 2017 Opinion or Order Filing 73 ORDER signed by District Judge Troy L. Nunley on 6/1/2017 GRANTING 65 Motion for Preliminary Injunction; ENJOINING the defendants from conducting a trustee's sale or foreclosure of the property located at 5130 Fruitvale Road, Newcastle, Califo rnia 95658 until resolution of this action or further order of the Court; ORDERING the plaintiffs to deposit $1,700.00 with the Clerk of Court on the first business day of each month, to be held in bond until resolution of this action or further order of the Court. (cc: Financial) (Michel, G.)
February 17, 2017 Opinion or Order Filing 59 ORDER GRANTING Plaintiff's Ex Parte Application for a TEMPORARY RESTRAINING ORDER 54 signed by District Judge Troy L. Nunley on 2/17/17. The Court hereby issues a Temporary Restraining Order that shall prohibit Defendants Select Portfolio Se rvicing, Inc., Wells Fargo Bank, N.A., and all of its agents from conducting a Trustees Sale of the Property located at 5130 Fruitvale Road, Newcastle, California 95658. The Temporary Restraining Order shall remain in place until the Court rules on Plaintiffs' MOTION for preliminary injunction. Plaintiffs' shall file and appropriately notice their MOTION within fourteen (14) days of this order.(Mena-Sanchez, L)
April 5, 2016 Opinion or Order Filing 38 ORDER signed by District Judge Troy L. Nunley on 04/01/2016 GRANTING IN PART and DENYING IN PART 28 Motion to Dismiss and GRANTING IN PART and DENYING IN PART 30 Motion to Dismiss. Defendant BOA's Motion to Dismiss is DENIED with respect to COUNT I, COUNT II, COUNT IV, and COUNT VI; and GRANTED WITH LEAVE TO AMEND with respect to COUNT III and COUNT V. Defendant Wells and SPS' Motion to Dismiss is ruled upon as follows: With respect to COUNT I and COUNT II against Wells, the mo tion is GRANTED WITH LEAVE TO AMEND. With respect to COUNT I and II against SPS, the motion is DENIED. With respect to COUNTS IV and VI against Wells and SPS, the motion is DENIED. With respect to COUNTS III and V against Wells and SPS, the motion is GRANTED WITH LEAVE TO AMEND. (Jackson, T)
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Plaintiff: Penny Dougherty
Represented By: Andre M. Chernay
Represented By: John Steve Sargetis
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Plaintiff: Dennis Dougherty
Represented By: Andre M. Chernay
Represented By: John Steve Sargetis
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Defendant: Bank of America, N.A.
Represented By: Jacqueline Canlas-Laflam
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Defendant: Wells Fargo Bank, N.A.
Represented By: Lindsey Elizabeth Kress
Represented By: Regina J. McClendon
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Defendant: Select Portfolio Servicing, Inc.
Represented By: Lindsey Elizabeth Kress
Represented By: Regina J. McClendon
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