Gonzalez v. Department (Bureau) of Real Estate et al
| Daniel Gonzalez |
| Department (Bureau) of Real Estate, Kyle Thomas Jones, Tricia Sommers, Trudy Ann Sughrue, Jeff Davi, William E. Moran, Wayne S. Bell, John Van Driel, JPMorgan Chase, HSBC USA, HSBC Mortgage Services Inc, ResMAE Mortgage Corp., Delta Home & Lending, Inc., Randall D. Naiman, Narine Stepanyan, Kim Hickman, L. Kent Wyatt, Hardy and Erich, Brown & Wilson, P.C. |
| 2:2015cv02448 |
| November 24, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Garland E. Burrell |
| Antitrust |
| 28 U.S.C. ยง 1331 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
232
ORDER signed by District Judge Troy L. Nunley on 3/9/2022 DENYING 228 Motion. This case is closed. Should Plaintiff continue to disagree with the Court's ruling, the appropriate course of action is to seek relief from the Ninth Circuit. Any future filings with this Court will be disregarded. No further orders will be issued in this closed case. (Mena-Sanchez, L)
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Filing
223
ORDER signed by District Judge Troy L. Nunley on 3/17/2021 ADOPTING 216 Findings and Recommendations in full; GRANTING 202 Motion for Sanctions; DENYING 211 Motion for Protective Order; DENYING 212 Motion for Extension; TERMINATING 197 198 Renewed Motions for Reconsideration; and DISMISSING the action with prejudice pursuant to Federal Rules of Civil Procedure 37(b)(2) and 41(b). CASE CLOSED. (Coll, A)
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Filing
216
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/28/2021 RECOMMENDING that Plaintiff's 211 motion for a protective order be denied. Plaintiffs 212 motion for extension of time to re-notice the rene wed motions for reconsideration be denied and the 197 , 198 renewed motions be terminated. The action be dismissed without prejudice. The Clerk of Court be directed to close this case. IT IS ALSO HEREBY ORDERED that all pleading, discovery, and motion practice in this action are stayed pending resolution of the findings and recommendations. Motions referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
205
ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2020 GRANTING plaintiff's motion for an extension to file his opposition 204 ; RESCHEDULING the hearing on defendants' amended motion terminating sanctions 202 , to 12/3/20 20 at 10:00 a.m. before the undersigned; Plaintiff shall have until 11/19/2020 to file his opposition to defendants' motion for terminating sanctions, and defendants may file a reply by 11/26/2020; If plaintiff intends for the court to hear h is two renewed motions to alter or amend 197 198 he shall by 11/5/2020 refile his notice, motion, accompanying briefs, and any affidavits, selecting a hearing date of 12/3/2020 at 10:00 a.m. before the undersigned and No further extensions of time will be granted absent exceptional, extraordinary good cause. (Becknal, R)
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Filing
183
ORDER signed by District Judge Troy L. Nunley on 5/14/2020 GRANTING 181 Request for Extension of Time. The deadline for the completion of plaintiff's deposition is 7/31/2020. The deadline for the completion of all law and motion matters, except discovery related matters, is 9/18/2020. (Zignago, K.)
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Filing
179
ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/2020 DENYING 174 Motion to reopen Discovery. Due to plaintiff's retention of counsel, this case is REFERRED back to the assigned district judge for further scheduling. (Reader, L)
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Filing
175
ORDER signed by Magistrate Judge Kendall J. Newman on 3/5/2020 GRANTING IN PART 172 Motion for Extension and VACATING the law and motion deadline of 3/5/2020. Should any issues arise at the 3/25/2020 deposition that require the court's attention, the parties may contact Magistrate Judge Kendall J. Newman by phone for a ruling. (Coll, A)
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Filing
171
ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2020 DENYING WITHOUT PREJUDICE plaintiff's 152 motion to alter or amend the scheduling order. Plaintiff is GRANTED leave to refile--by Monday, 3/2/2020--a more-focused request to reope n fact discovery. By Wednesday, 2/19/2020, the parties shall confer on the other outstanding issue: resetting Defendants' failed deposition of Plaintiff. Defendant's 168 Motion for Terminating Sanctions is DENIED WITHOUT PREJUDICE. (Zignago, K.)
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Filing
166
ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2020 ORDERING Defendants to file an opposition to the motion (or statement of nonopposition) on or before 2/4/2020. Plaintiff may file a reply, if he chooses, on or before 2/11/2020. The hearing remains set for 2/13/2020. (Reader, L)
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Filing
163
ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/2020 GRANTING defendants' 162 Motion for Extension of Time on the meet and confer requirement. Plaintiff is ORDERED to submit the name and contact information of his "substitute d attorney" to both the Court and to Defense Counsel no later than Thursday, 1/30/2020, at 2:00 PM. Regardless of whether Plaintiff has been successful at obtaining counsel, both he and any potential attorney are informed that the Court' s prior order compelling Plaintiff to sit for an oral deposition remains in full effect. Plaintiff shall sit for an oral deposition sometime prior to 2/6/2020. The hearing on Plaintiff's 152 Motion to Alter or Amend remains set for 2/13/2020, at 10:00 AM. The Clerk of the Court is directed to serve this order on Plaintiff at the email address listed in ECF No. 162 Exhibit 2, and is further directed to serve this order on Plaintiff by priority mail with delivery confirmation to Plaintiff's address. (Zignago, K.)
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Filing
161
ORDER signed by Magistrate Judge Kendall J. Newman on 1/15/2020 DISCHARGING 158 Order to Show Cause, LIFTING the 158 Stay of Pending Motions, DENYING 155 Motion for Protective Order, and GRANTING 153 Motion to Compel. The parties shall c onfer on a date, before 1/21/2020, to set for Defendants' oral deposition of Plaintiff. Plaintiff is COMPELLED to sit for an oral deposition sometime prior to 2/6/2020. The Hearing on 152 Motion to Alter or Amend is RESET to 2/13/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. 146 Ex Parte Motion to Stay is DENIED without prejudice. (Huang, H)
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Filing
158
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/2019 DIRECTING Plaintiff to SHOW CAUSE in writing, within 21 days of this order, why sanctions should not be imposed for his failure to appear at the 12/19/2019 hearing. Plaintiff&# 039;s failure to file the required response shall constitute an additional ground for, and plaintiff's consent to, the imposition of appropriate sanctions, including a potential recommendation that Plaintiff's case be involuntar ily dismissed with prejudice. The 1/23/2020 hearings on Plaintiff's 152 motions for reconsideration and 155 motion for a protective order are VACATED. The Court STAYS resolution of these matters until after this Order to Show Cause is resolved. (York, M)
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Filing
151
ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/19 GRANTING 149 Defendants' Request for Extension of Time. The deadline for the completion of Plaintiff's deposition is 12/31/2019, disclosing expert witnesses is 1/14/2020, rebuttal expert disclosures is 1/28/2020 and the completion of all expert discovery is 2/25/2020. All other provisions of the Court's 2/22/2019 Pretrial Scheduling Order remain in full force and effect. (Kastilahn, A)
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Filing
144
ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/2019 DENYING 143 Ex Parte Application. (Huang, H)
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Filing
141
ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/2019; As an initial matter, the court notes that e-mails to the courtroom deputy clerk are not an appropriate mechanism to bring discovery issues to the court's attention. Discovery-rela ted filings and motions shall be filed on the public docket with the Clerk of Court. Future informal letters and filings via e-mail will be disregarded. With respect to the interrogatories, plaintiff is limited to propounding a total of 25 interrog atories on defendants collectively, and defendants collectively are limited to propounding a total of 25 interrogatories on plaintiff, absent a formal application to the court and showing of need for additional interrogatories. All parties are cautioned that sanctions will be imposed on any party who abuses the discovery process. (Zignago, K.)
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Filing
140
ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/2019 IT IS SO ORDERED Plaintiff is limited to propounding a total of 25 interrogatories on defendants, unless defendants stipulate to additional interrogatories or plaintiff obtains leave of court for any additional interrogatories upon an appropriate motion. Any other discovery requests, such as requests for admission, requests for production of documents, notices of deposition, or subpoenas, shall likewise comply with the FRCP and applicable law. (Reader, L)
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Filing
132
ORDER signed by Magistrate Judge Kendall J. Newman on 01/18/19 SETTING a Scheduling Conference for 2/21/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall meet and confer and file an updated joint status report outlining proposed scheduling deadlines for the case by 02/14/19. (Benson, A.)
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Filing
131
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/2018 DENYING 123 Motion to Set Aside and 124 Motion to Admit Deposition Excerpts, without prejudice for failure to comply with the court's order. (Huang, H)
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Filing
119
ORDER signed by District Judge Morrison C. England, Jr. on 05/15/18 DECLINING to relate cases per Notice of Related Case filed in 2:15-cv-1997 MCE DB (cc: MCE). (Benson, A.)
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Filing
117
ORDER signed by District Judge Troy L. Nunley on 4/17/18 DENYING WITHOUT PREJUDICE 104 Motion to Admit Deposition Excerpts from Prior Actions.(Kaminski, H)
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Filing
114
ORDER signed by District Judge Troy L. Nunley on 4/4/2018 ORDERING Defendants are ordered to submit a response brief not to exceed ten (10) pages within 7 days of the date of this order regarding 104 Motion to admit deposition excerpts from prior action. The matter will then stand submitted unless the Court deems a reply by Plaintiff or hearing is warranted. (Washington, S)
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Filing
111
RECUSAL ORDER signed by District Judge John A. Mendez on 2/20/2018 ORDERING case to be REASSIGNED. Case reassigned to District Judge Troy L. Nunley and District Judge John A. Mendez no longer assigned to the case. ORDERING that all pending dates before Judge Mendez should be VACATED, to be reset by the judge that is reassigned. (cc: JAM)(Washington, S)
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Filing
95
ORDER signed by District Judge Garland E. Burrell, Jr on 10/3/17 ORDERING that the findings and recommendations filed 9/12/17 are ADOPTED in full; Plaintiff's Motion for Temporary Restraining Order (seeking to reinvigorate a dismissed state court preliminary injunction) is DENIED.(Becknal, R)
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Filing
93
FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/12/2017 RECOMMENDING that Plaintiff's 89 Motion for Temporary Restraining Order be denied; Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)
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Filing
92
ORDER signed by District Judge Garland E. Burrell, Jr. on 9/7/2017 ADOPTING IN FULL 74 Findings and Recommendations, with the addition that defenses 7, 8, 11, 17, 19, 22 and 24 are also inoperative due to defendant's stipulation that they could be stricken. (Michel, G.)
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Filing
88
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Gregory G. Hollows on 8/5/17, ORDERING that the parties may conduct discovery until 6/7/2018. Motions to compel discovery are to be noticed to be heard by 6/1/2018. The parties shall disc lose experts by 4/3/2018 and 4/15/2018. All pretrial motions, except motions to compel discovery, shall be completed on or before 7/9/2018. Pretrial Conference is SET for 11/26/2018 at 01:30 PM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Jury Trial is SET for 1/22/2019 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Kastilahn, A)
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Filing
87
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/3/2017 DENYING 83 Motion to Recuse. (Michel, G.)
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Filing
80
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/20/17: Plaintiff shall file his Objections on or before July 21, 2017. The discovery plan shall be submitted as ordered. (Kaminski, H)
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Filing
78
ORDER signed by Magistrate Judge Gregory G. Hollows on 07/11/17 ORDERING that the 77 Motion for Extension of Time is GRANTED; the joint discovery plan shall be filed by 07/21/17. (Benson, A)
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Filing
76
ORDER granting plaintiff's 75 Motion for Extension to file objections to this court's 75 Order and Findings and Recommendations, signed by Magistrate Judge Gregory G. Hollows on 6/29/17. Plaintiff shall file his objections on or before 7/14/2017. (Kastilahn, A)
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Filing
74
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/6/2017 DENYING 50 and 51 Motions to Strike except as to defenses 1 and 3; DENYING 55 Motion to Amend Complaint; ORDERING the parties, within 30 days of th is Order, to participate in a joint discovery conference followed by a consensual setting of a discovery conference before the court through contact with the court's courtroom deputy; and RECOMMENDING that 48 Motion to Dismiss be granted witho ut leave to amend. Plaintiff's Fifth Claim for relief was stricken from the Complaint, therefore, need not be maintained and need not be responded to. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
46
ORDER signed by District Judge Garland E. Burrell, Jr. on 3/7/2017 ORDERING that the 43 findings and recommendations are ADOPTED IN FULL. Defendants' 30 and 32 Motions to Dismiss are DENIED with the single exception that the California Department of Real Estate is DISMISSED based upon Eleventh Amendment immunity. Plaintiff's 35 Motion for Continuance of hearing is DENIED as moot. (Zignago, K.)
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Filing
43
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/6/2017 RECOMMENDING that 30 , 32 Motion to Dismiss be denied with one exception. The California Department of Real Estate should be dismissed based on Eleventh Amendment immunity. This resolution adjudicates ECF Nos. 30 , 32 , 35 . Referred to Judge District Judge Garland E. Burrell, Jr. Objections due within 21 days after being served with these findings and recommendations. (Washington, S)
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Filing
29
ORDER signed by District Judge Garland E. Burrell, Jr. on 11/16/2016 ADOPTING IN FULL 20 Findings and Recommendations; DENYING 16 Motion to Stay. (Michel, G.)
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Filing
28
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/15/2016 GRANTING 15 Motion for Limited Early Discovery in the form of depositions on written questions to Robert Schaldach. (Michel, G.)
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Filing
24
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/27/2016 ORDERING the plaintiff to serve Defendants Kyle Thomas Jones, Trudy Ann Sughrue with the 22 , 23 Declarations and to file proof of such service within seven days; GRANTING Defendants Kyle Thomas Jones, Trudy Ann Sughrue seven days after service of the 22 , 23 Declarations to file any objections; DIRECTING the Clerk of Court to serve this order on Defendants Kyle Thomas Jones, Trudy Ann Sughrue. (Michel, G.)
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Filing
20
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/11/16, ORDERING that within seven days of this order, plaintiff shall file Mr. Schaldach's declaration, and shall file his own declaration. Once these declarations are filed, and served on all defendants served with summons, the undersigned will expeditiously consider plaintiff's request to conducted early limited discovery. Plaintiff's 17 application to file memorandum in excess o f 25 page limit in support of application for preliminary injunction is DENIED. It is RECOMMMENDED that Plaintiff's 16 "ex parte application for a stay or temporary injunction on a pending state action" be DENIED. Matter referred to District Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
11
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/21/2016 ORDERING that the 7 findings and recommendations are VACATED. Service is appropriate for the following defendants: Department of Real Estate, Jones, Stepanyan, Sommers, Sughrue, Da vi, Moran, Bell, and Van Driel. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this court 's status order, without prepayment of costs. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. (Zignago, K.)
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Filing
10
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/13/16 ORDERING that Plaintiff's July 11, 2016 (ECF No. 8 ) request for an extension of time is granted; Plaintiff's request is granted and his late objections, filed July 11, 2016, are accepted for review. (Becknal, R)
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Filing
7
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/13/2016 RECOMMENDING that this action be dismissed for lack of jurisdiction; and the Clerk be directed to close this case; Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)
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Filing
3
ORDER granting 2 Motion to Proceed IFP, signed by Magistrate Judge Gregory G. Hollows on 2/1/16. The complaint is DISMISSED with leave to file an amended complaint within 28 days from the date of service of this Order. (Kastilahn, A)
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