Habtemariam v. PNC Bank, National Association, et al.
Plaintiff: Genet Habtemariam
Defendant: PNC Bank, National Association, U.S. Mortgage Resolution and Vida Capital Group, LLC
Case Number: 2:2016cv01189
Filed: May 31, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Morrison C. England
Nature of Suit: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444
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
March 25, 2024 Opinion or Order Filing 175 ORDER signed by Senior District Judge Morrison C. England, Jr on 03/22/2024, per 169 Stipulation, REOPENING Discovery for the limited purposes as detailed in the Order. This limited discovery shall be completed no later than 150 days from the date of this Order. (Lopez, K)
December 13, 2023 Opinion or Order Filing 164 ORDER signed by Senior Judge Morrison C. England, Jr., on 12/13/23 ORDERING that 160 defendants' Joint Motion to amend the court's scheduling order is DENIED without prejudice to renewal if the upcoming settlement discussions before magistrate judge Carolyn K. Delaney are unsuccessful. (Kastilahn, A)
November 10, 2021 Opinion or Order Filing 129 PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 11/09/21. (Benson, A.)
May 17, 2021 Opinion or Order Filing 122 MEMORANDUM AND ORDER signed by Senior Judge Morrison C. England, Jr. on 5/14/2021 DENYING 116 Motion as to the First, Second, Third, Fourth and Fifth Causes of Action contained within the SAC. Those claims allege wrongful foreclosure, cancellation of recorded instruments, unfair business practices, negligence, and declaratory relief, respectively. As to the final Sixth Cause of Action, however, for breach of contract, summary adjudication is GRANTED. (Reader, L)
March 13, 2020 Opinion or Order Filing 115 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 3/13/2020. Good cause having been shown, the Stipulation to Further Modify the Scheduling Order [111, 113, and 114] entered into and between Defendant PNC Bank, N.A., Defendant Vida Capital Group, LLC, and Plaintiff Genet Habtemariam is GRANTED. The scheduling order 4 is hereby modified as follows: 1. The Parties shall file any dispositive motions on or before May 22, 2020; 2. Expert disclosures are due 45 days after the Court's ruling on the last dispositive motion; and 4. All other provisions of the Scheduling Order shall remain in effect. (Deutsch, S)
January 17, 2020 Opinion or Order Filing 110 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 1/17/2020. Good cause having been shown, the Stipulation to Further Modify the Scheduling Order (ECF No. 109) filed by Defendant PNC Bank, N.A., Defendant Vida Capital Group, LLC , and Plaintiff Genet Habtemariam is GRANTED. The scheduling order (ECF No. 4) is hereby modified as follows: The Parties shall file any dispositive motions on or before March 16, 2020; Expert disclosures are due 45 days after the Court's ruling on the last dispositive motion; and all other provisions of the Scheduling Order shall remain in effect. (Deutsch, S)
March 21, 2019 Opinion or Order Filing 101 ORDER signed by District Judge Morrison C. England, Jr on 3/20/19. The operative scheduling order ECF No. 4 is hereby modified as follows: 1. Not later than thirty (30) days after the date this Order is electronically filed, the parties shall con fer as required by FRCP 26(f); 2. All discovery, with the exception of expert discovery, shall be completed not later than one hundred eighty (180) days following the date this Order is electronically filed; 3. All other dates shall be calculated based on these changes; and 4. All other provisions shall remain in effect. (Mena-Sanchez, L)
March 14, 2019 Opinion or Order Filing 99 ORDER signed by District Judge Morrison C. England, Jr., on 3/13/19 DISMISSING with prejudice defendant Gateway Bank N.A. from this action. (Kastilahn, A)
January 23, 2019 Opinion or Order Filing 89 ORDER signed by District Judge Morrison C. England, Jr. on 1/22/2019 GRANTING 86 Motion to Withdraw as Attorney. Marvin R. Adviento and Michelle R. Ghidotti-Gonsalves of the Law Offices of Michelle Ghidotti are relieved ascounsel of record for De fendant Vida Capital Group, LLC. effective upon the filing of a proof of service of this signed Order on said Defendant. Defendant Vida Capital Group, LLC is cautioned that as a business entity it cannot make any further appearance in this matter without counsel appearing on its behalf. (Zignago, K.)
September 19, 2017 Opinion or Order Filing 73 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 9/18/17 EXTENDING the time for Defendant PNC BANK, N.A., to respond toPlaintiff's Second Amended Complaint up to and including 9/18/17.(Becknal, R)
August 31, 2017 Opinion or Order Filing 69 ORDER signed by District Judge Morrison C. England, Jr. on 8/29/2017 ORDERING that the time for Defendant PNC Bank, N.A., to respond to Plaintiff's Second Amended Complaint shall be and hereby is EXTENDED up to and including 9/11/2017.(Reader, L)
August 22, 2017 Opinion or Order Filing 67 MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 8/21/2017 DENYING 52 Motion for Preliminary Injunction; DISSOLVING the Court's 51 Temporary Restraining Order in its entirety. (Michel, G.)
August 16, 2017 Opinion or Order Filing 65 ORDER signed by District Judge Morrison C. England, Jr on 8/15/17 ORDERING that The Law Office of Michelle Ghidotti and Shannon C. Williams, Esq., counsel of record for Defendant Vida Capital Group, LLC, shall be allowed to appear telephonically at the Hearing set for 8/17/17 at 11:00 a.m. (Mena-Sanchez, L)
August 15, 2017 Opinion or Order Filing 63 STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 8/14/2017 ORDERING Defendant PNC Bank, National Association to respond to the 44 Second Amended Complaint by 8/22/2017. (Michel, G.)
July 31, 2017 Opinion or Order Filing 51 MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 7/28/17 GRANTING Plaintiff's 45 Motion for Temporary Restraining Order. Pending the Court's determination re a preliminary injunction, Gateway is hereby enjoined fro m engaging in or performing, directly or indirectly, any of the following acts: advertising, selling, transferring, conveying, foreclosing upon, evicting, or any other conduct adverse to Plaintiff re the real property located at 7 Shipman Court in Sa cramento, CA 95823. No bond shall be required. Plaintiff is hereby ordered to file a motion for preliminary injunction on or before 8/3/17. Defendants shall file a written response on or before 8/10/17, and any reply from Plaintiff shall be filed on or before 8/15/17. A hearing on this matter is set for 8/17/17, at 11:00 a.m. in Courtroom 7.(Becknal, R)
July 10, 2017 Opinion or Order Filing 43 ORDER signed by District Judge Morrison C. England, Jr. on 07/06/17 ORDERING that PNC's 36 Motion to Dismiss is GRANTED. Plaintiff's breach of contract claim is dismissed without prejudice. Plaintiff may, but is not required to, file an amended complaint. If no amended complaint is filed within 20 days, the cause of action dismissed by this Order shall be dismissed with prejudice without further notice to the parties. The Court also cautions that this will be the last opportunity to sufficiently allege the existence of a second settlement agreement. (Benson, A)
April 5, 2017 Opinion or Order Filing 34 ORDER signed by District Judge Morrison C. England, Jr. on 4/4/2017 ORDERING that the time for Defendants to respond to Plaintiff's First Amended Complaint shall be and hereby is EXTENDED up to and including 4/7/2017. (Reader, L)
March 20, 2017 Opinion or Order Filing 30 ORDER signed by District Judge Morrison C. England, Jr on 3/17/17 ORDERING that the time for Defendants to respond to Plaintiff's First Amended Complaint shall be and hereby is extended up to and including 3/31/17.(Becknal, R)
February 14, 2017 Opinion or Order Filing 24 MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 2/13/2017 DENYING Defendant's 5 Motion to Dismiss. Plaintiff may file an amended complaint adding her proposed new cause of action for breach of contract not later t han 20 days following the date this Memorandum and Order is electronically filed. Finally, Plaintiff's 16 Motion to Consolidation is GRANTED. Both this case and the unlawful detainer action (Vida Capital Group, LLC v. Genet Habtemariam, No. 2:16-cv-01836-MCE-GGH) are consolidated for all purposes, including trial. The lead case in the consolidated action shall be Habtermariam v. Vida Capitol Group, et al., Case No. 2:16-cv-01189-MCE-GGH. (Jackson, T)
August 5, 2016 Opinion or Order Filing 15 RELATED CASE ORDER signed by District Judge Morrison C. England, Jr. on 8/5/2016; FINDING that this action is related to the action denominated 2:16-cv-01836 WBS GGH within the meaning of Local Rule 123(a); REASSIGNING the action denominated 2:16-cv- 01836 WBS GGH to Judge Morrison C. England, Jr. and Magistrate Judge Gregory G. Hollows for all further proceedings; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Michel, G.)
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Plaintiff: Genet Habtemariam
Represented By: Erin Marie Stratte
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Defendant: PNC Bank, National Association
Represented By: Joshua M. Bryan
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Defendant: U.S. Mortgage Resolution
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Defendant: Vida Capital Group, LLC
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