Deck v. Wells Fargo Bank, N.A. et al
| Vernon Deck |
| Wells Fargo Bank, N.A., Ocwen Loan Servicing, LLC and Power Default Services, Inc. |
| 2:2017cv00234 |
| February 2, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Placer |
| Kendall J. Newman |
| Morrison C. England |
| All Other Real Property |
| 42 U.S.C. ยง 405 |
| None |
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Filing
79
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/21/2019 RECOMMENDING that the entire action be dismissed. 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. Referred to Judge Morrison C. England Jr.. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
74
ORDER signed by Magistrate Judge Kendall J. Newman on 2/22/19 ORDERING that within 21 days of this order, plaintiff shall pay to the Clerk of Court $250.00 in monetary sanctions based on his failure to comply with the court's orders. Within 21 days of this order, plaintiff shall file either a second amended complaint that complies with the court's 1/9/2019 order, or a notice of voluntary dismissal of the action. (Kastilahn, A)
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Filing
72
ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/19 GRANTING plaintiff until 2/20/19 to file a second amended complaint or a notice of voluntary dismissal. (Coll, A)
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Filing
68
ORDER signed by Magistrate Judge Kendall J. Newman on 1/9/19 DENYING 66 Motion for recusal. Plaintiff's first amended complaint 65 is DISMISSED, but with leave to amend. Within 21 days of this order, plaintiff shall file a second amended complaint. Any response to the second amended complaint shall be due within 21 days of the filing of the second amended complaint. (Kaminski, H)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/2018 ORDERING that within 28 days of this order, plaintiff shall file an amended complaint. The amended complaint shall be captioned "First Amended Complaint"; shall only assert claims under the California Homeowner Bill of Rights Act; and shall be limited to 30 pages, and any response to the first amended complaint shall be filed within 28 days of the filing of the first amended complaint. (Becknal, R)
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Filing
49
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/9/2017 RECOMMENDING that the action be dismissed with prejudice in its entirety. Plaintiff's 2 request to proceed in forma pauperis, as well as his 19 , 20 , 21 , 37 , 38 requests for court approval of a notice of pendency of action be denied as moot. The Clerk of Court be directed to serve a courtesy copy of this order on the United States Bankruptcy Court for the Eastern District of Califor nia, referencing Case No. 16-bk-24854. The Clerk of Court be directed to serve a courtesy copy of this order on the Placer County Superior Court, referencing Case No. SCV0037916. The Clerk of Court be directed to close this case. IT IS HEREBY ORDERED that all pleading, discovery, and motion practice in this case are STAYED pending resolution of these findings and recommendations. Motions referred to Judge Morrison C. England, Jr. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 05/03/17 ORDERING that 39 Plaintiff's request to continue the evidentiary hearing is DENIED. Clerk to serve plaintiff by both mail and email. (Benson, A)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 4/5/17 ORDERING that Plaintiff's objections 33 are OVERRULED. An Evidentiary Hearing is SCHEDULED for 5/22/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman . No later than 5/8/2017, at 5:00 p.m., the parties shall file a joint list of witnesses and exhibits proposed to be offered/introduced at the hearing. No later than 5/8/17, at 5:00 p.m., each party may file briefing, not exceeding 10 pages.(Mena-Sanchez, L)
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Filing
32
ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2017; ORDERING Plaintiff and defendants' counsel shall forthwith confer, and consult with the undersigned's courtroom deputy clerk, regarding available dates for an evidentiary hear ing in the next approximately 60 days. Within seven (7) days of this order, the parties shall file a joint status report. Upon review of the parties' joint status report, the court will issue a separate order scheduling the hearing and other appropriate deadlines. Plaintiff's second amended 23 Motion for Preliminary Injunction, is DEEMED WITHDRAWN without prejudice. (Washington, S)
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Filing
18
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/2/2017 ORDERING that no later than 3/16/2017, plaintiff shall SHOW CAUSE in writing why this action should not be dismissed for lack of standing; if plaintiff concludes that he is unable to continue prosecution of this action within the strictures of FRCP 11, he may file a request for voluntary dismissal of the action without prejudice pursuant to FRCP 41(a)(1)(A)(i) in lieu of responding to the order to show cause; if plai ntiff elects to respond to the order to show cause, defendants may file a reply to plaintiff's response no later than 3/30/2017; and failure to timely respond to this order to show cause will be deemed to be plaintiff's consent to summary dismissal of the action for lack of standing. (Jackson, T)
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Filing
17
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 02/27/17 ORDERING that Plaintiffs 5 request for a preliminary injunction is DENIED. (Benson, A)
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Filing
7
MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 2/13/2017. The Court GRANTS Plaintiff's Amended Application for Temporary Restraining Order. ECF No. 5. Defendants are hereby ordered to show cause in writing as to why the Courtshould not issue a preliminary injunction restraining them from engaging in orperforming, directly or indirectly, any of the following acts: advertising, selling, transferring, conveying, foreclosing upon, evicting, or any other conduct adve rse to Plaintiff regarding his real property located at 1124 Hawthorne Loop in Roseville, California 95678. As indicated in the Court's Minute Order (ECF No. 6), Defendants shall file a written response on or before February 16, 2017, and any re ply from Plaintiff shall be filed by February 21, 2017. If the Court desires a hearing on this matter, suchhearing will take place on February 23, 2017, at 2:00 p.m. in Courtroom 7. Plaintiff shall provide notice of this order, briefing schedule, and date and time for hearing to Defendants by February 14, 2017.(Deutsch, S)
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Filing
4
ORDER signed by District Judge Morrison C. England, Jr on 2/6/2017 DENYING 3 Motion for Temporary Restraining Order. (Donati, J)
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