Hansen v. Rock Holdings, Inc. et al
| Bill Hansen |
| LMB Mortgage Services, Inc., Rock Holdings, Inc., Digital Media Solutions, LLC, CPL Assets, LLC, Rock Holdings, Inc. Doing business as Core Digital Media, LMB Mortgage Services, Inc. Doing business as Lowermybills.com and Digital Media Solutions, LLC Doing business as DCMG |
| 2:2019cv00179 |
| January 29, 2019 |
| US District Court for the Eastern District of California |
| Dennis M Cota |
| Kimberly J Mueller |
| Other Statutory Actions |
| 47 U.S.C. § 227 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 58 MINUTE ORDER issued by CPine, Courtroom Deputy Clerk for Magistrate Judge Dennis M. Cota: The Scheduling Conference set for 5/18/2020 at 10:00 AM will be heard in Courtroom 27, 8th Floor, before Magistrate Judge Dennis M. Cota. (Pine, C) |
| Filing 57 TRANSCRIPT REQUEST by CPL Assets, LLC, LMB Mortgage Services, Inc. for proceedings held on 07/12/19 before Judge Kimberly Mueller. Court Reporter Kelly OHalloran. (Potesta, Justin) |
| Filing 56 TRANSCRIPT REQUEST by CPL Assets, LLC, LMB Mortgage Services, Inc. for proceedings held on 02/27/20 before Judge Dennis Cota. Court Reporter ECRO Jonathan Anderson. (Potesta, Justin) |
| Filing 55 MINUTES for proceedings before Magistrate Judge Dennis M. Cota: INITIAL SCHEDULING CONFERENCE held on 2/27/2020. David Hall appeared for the plaintiff. Justin Potesta appeared for Defendants LMB Mortgage Services, Inc and CPL Assets, LLC. Lawrence Iglesias appeared for Defendant Digital Media Solutions, LLC. The Court and counsel discussed the defendants' #43 Notice of Appeal and how it impacts the scheduling of pretrial dates. After discussions, the Court determined to withhold scheduling case dates and deadlines pending the rulings on the #53 Motion to Compel and #54 Motion to Stay. The Court ADMONISHED the parties to refrain from the use of gamesmanship throughout these proceedings and CONTINUED the Initial Scheduling Conference to 5/18/2020 at 10:00 AM in Courtroom 10 before Magistrate Judge Dennis M. Cota. The Court further DIRECTED the parties to file a Joint Status Report by 5/11/2020. Court Reporter: ECRO. (TEXT ONLY ENTRY) (Michel, G.) |
| Filing 54 MOTION to STAY by LMB Mortgage Services, Inc.. Motion Hearing set for 4/24/2020 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum)(Vogt, John) Modified on 2/26/2020 (Kaminski, H). |
| Filing 53 MOTION to COMPEL Defendants LMB Mortgage Solutions, Inc. and CPL Assets, LLC to File Answers to the First Amended Class Action Complaint by Bill Hansen. Motion Hearing set for 5/15/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Motion, #2 Declaration of Frank S. Hedin and Exhibit 1).(Hedin, Frank) Modified on 2/26/2020 (Kaminski, H). |
| Filing 52 NOTICE of APPEARANCE by Justin Andrew Potesta on behalf of CPL Assets, LLC, LMB Mortgage Services, Inc.. Attorney Potesta, Justin Andrew added. (Potesta, Justin) |
| Filing 51 RESPONSE by Bill Hansen to #50 Response, #49 Response. (Hedin, Frank) |
| Filing 50 RESPONSE by Digital Media Solutions, LLC to #48 Order. (Iglesias, Lawrence) Modified on 2/25/2020 (Kaminski, H). |
| Filing 49 RESPONSE by CPL Assets, LLC, LMB Mortgage Services, Inc. to #48 Order. (Vogt, John) Modified on 2/25/2020 (Kaminski, H). |
Filing 48
ORDER signed by Magistrate Judge Dennis M. Cota on 2/21/20 ORDERING that the February 20, 2020, order is vacated and the scheduling conference remains on calendar for February 27, 2020, at 11:00 a.m., in Sacramento, California, Courtroom 4, as originally ordered on February 13, 2020. The scheduling conference shall proceed on the joint case management report filed on January 31, 2020. Because the joint report was filed before defendants LMB and CPL appealed the order denying the motion to compel arbitration and stay proceedings, the parties shall be prepared to discuss the practical effect of the appeal on scheduling litigation in this court on the merits of the underlying claims and defenses. (Kaminski, H)
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| Filing 47 USCA CASE NUMBER 20-15272 for #43 Notice of Appeal filed by LMB Mortgage Services, Inc., CPL Assets, LLC. (York, M) |
| Filing 46 RESPONSE by Bill Hansen to #45 Order. (Hedin, Frank) Modified on 2/21/2020 (Zignago, K.). |
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Filing 45
ORDER signed by Magistrate Judge Dennis M. Cota on 2/20/2020 VACATING the Scheduling Conference hearing of 2/27/2020, pending resolution of the appeal and return of jurisdiction to this Court.(Mena-Sanchez, L)
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| Filing 44 APPEAL PROCESSED to Ninth Circuit re #43 Notice of Appeal filed by LMB Mortgage Services, Inc., CPL Assets, LLC. Notice of Appeal filed *2/18/2020*, Complaint filed *1/29/2019* and Appealed Order / Judgment filed *1/21/2020*. Court Reporter: *Kelly O'Halloran*. *Fee Status: Paid on 2/18/2020 in the amount of $505.00* (Attachments: #1 Appeal Information) (Zignago, K.) |
| Filing 43 NOTICE of APPEAL by CPL Assets, LLC, LMB Mortgage Services, Inc. as to #40 Order on Motion to Compel,. (Filing fee $ 505, receipt number 0972-8744474) (Chang, Edward) |
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Filing 42
ORDER signed by Magistrate Judge Dennis M. Cota on 2/13/20 ORDERING that Initial Scheduling Conference RESET for 2/27/2020 at 11:00 AM in Courtroom 4 before Magistrate Judge Dennis M. Cota. (Kaminski, H)
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| Filing 41 JOINT PROPOSED case schedule and case management report by Bill Hansen. (Hedin, Frank) Modified on 2/4/2020 (Reader, L). |
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Filing 40
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2020 DENYING defendants' #23 Motion to Compel Arbitration and Stay the Case. Defendants' #33 Request to Seal Documents is DENIED as moot and the documents returned to counsel as provided by the local rules. The parties shall file a Joint Status Report within fourteen (14) days proposing a schedule for the remainder of the case. (Zignago, K.)
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| Filing 38 MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 7/12/2019. Attorney, Frank Hedin, present by telephone for Plaintiff. Attorney, John Vogt, present for Defendants LMB Mortgage Services, Inc. and CPL Assets, LLC. Attorney, Eric Goodman specially appearing for Attorneys Mark Ellis and Lawrence Iglesias, for Defendant Digital Media Solutions, LLC. After hearing oral argument as to Defendants' Motion to Compel Arbitration (ECF No. #23 ), the court took the motion under submission. A written order will issue. Court Reporter: Kelly O'Halloran. (Text Only Entry) (Schultz, C) |
| Filing 37 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Based on the representations made by Plaintiff in the Request for Telephonic Appearance, the court is willing to make an exception to its standing order requiring personal appearance. Accordingly, the Request for Telephonic Appearance (ECF No. #36 ) is GRANTED and conference call instructions will be emailed to Attorney Frank Hedin. (Text Only Entry) (Schultz, C) |
| Filing 36 REQUEST FOR TELEPHONIC APPEARANCE at the 7/12/2019 #23 Amended Motion to Compel hearing by Bill Hansen. (Hedin, Frank) Modified on 7/12/2019 (Benson, A.). |
| Filing 35 NOTICE Rescheduling hearing by LMB Mortgage Services, Inc. re 31 Minute Order, #23 Amended Motion to Compel. (Vogt, John) Modified on 6/27/2019 (Mena-Sanchez, L). |
| Filing 34 REPLY by Digital Media Solutions, LLC re #23 Amended Motion to Compel. (Attachments: #1 Declaration of Zach South)(Iglesias, Lawrence) Modified on 6/25/2019 (Mena-Sanchez, L). |
| Filing 33 REPLY by LMB Mortgage Services, Inc. re #23 Amended Motion to Compel. (Attachments: #1 Objection to Plainitiff's Evidence, #2 Declaration of John A. Vogt, #3 Declaration of Mitch Viner #4 Notice of Request To Seal, #5 Proposed Order)(Vogt, John) Modified on 6/18/2019 (Kaminski, H). |
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Filing 32
ORDER signed by Magistrate Judge Dennis M. Cota on 5/24/2019 VACATING 6/14/2019 scheduling conference. (Zignago, K.)
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| Filing 31 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the hearing on Defendants' Motion to Compel Arbitration (ECF No. #23 ) set for 5/31/2019 is VACATED and RESET for 6/28/2019 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Remaining filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C) |
| Filing 30 DECLARATION of Bill Hansen in support of #28 Opposition. (Hedin, Frank) Modified on 5/24/2019 (Benson, A.). |
| Filing 29 DECLARATION of David W. Hall in support of #28 Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hedin, Frank) |
| Filing 28 OPPOSITION by Bill Hansen to #23 Amended Motion to Compel. (Hedin, Frank) |
| Filing 27 NOTICE of APPEARANCE by Frank S. Hedin on behalf of Bill Hansen. Attorney Hedin, Frank S. added. (Hedin, Frank) |
| Filing 26 JOINDER by Digital Media Solutions, LLC in re #23 Amended Motion to Compel filed by LMB Mortgage Services, Inc., CPL Assets, LLC. (Iglesias, Lawrence) |
| Filing 25 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by CPL Assets, LLC, LMB Mortgage Services, Inc.. (Chang, Edward) |
| Filing 24 NOTICE OF ERRATA by CPL Assets, LLC, LMB Mortgage Services, Inc. re #22 Motion to Compel Arbitration and to Stay. (Vogt, John) |
| Filing 23 AMENDED #22 MOTION to COMPEL Arbitration and to Stay by CPL Assets, LLC, LMB Mortgage Services, Inc. Motion Hearing set for 5/31/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration John A. Vogt, #3 Declaration Mitchell Viner)(Vogt, John) Modified on 3/28/2019 (Reader, L). |
| Filing 22 MOTION to COMPEL ARBITRATION and to STAY by CPL Assets, LLC, LMB Mortgage Services, Inc. Motion Hearing set for 5/31/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration of John A. Vogt, #3 Declaration of Mitchell Viner)(Vogt, John) |
| Filing 21 NOTICE OF INTERESTED PARTIES by CPL Assets, LLC. (Vogt, John) |
| Filing 20 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Digital Media Solutions, LLC. (Ellis, Mark) |
| Filing 19 CONSENT to VDRP by Digital Media Solutions, LLC.(Ellis, Mark) |
| Filing 18 ANSWER with Jury Demand by Digital Media Solutions, LLC. Attorney Ellis, Mark E. added.(Ellis, Mark) |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota. This matter is set for Status (Pretrial Scheduling) Conference on 6/14/2019 at 10:00 a.m. before Magistrate Judge Dennis M. Cota in Courtroom 1 (16th Floor), 501 I Street, Sacramento, California.(Pine, C) |
| MINUTES (Text Only): Initial Scheduling Conference set for 6/14/2019 at 10:00 AM in Courtroom 1 before Magistrate Judge Dennis M. Cota. (Pine, C) |
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Filing 16
MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller ORDERING this matter REFERRED to Magistrate Judge Dennis M. Cota for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 6/6/2019 before District Judge Kimberly J. Mueller is VACATED and will be reset by Magistrate Judge Dennis M. Cota. (Text Only Entry) (Schultz, C)
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| Filing 15 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the representations in the parties' First Stipulation for Extension of Time (ECF No. #14 ), the court has determined Defendant LMB's Motion to Compel Arbitration (ECF No. #11 ) is MOOT, and ORDERS the Motion Hearing set for 4/19/2019 VACATED. (Text Only Entry) (Schultz, C) |
| Filing 14 STIPULATION To Extend Time For Defendants to Respond to First Amended Complaint by CPL Assets, LLC, Digital Media Solutions, LLC, LMB Mortgage Services, Inc. Attorney Chang, Edward San added. (Chang, Edward) Modified on 3/14/2019 (Washington, S). |
| Filing 13 FIRST AMENDED COMPLAINT against Digital Media Solutions, LLC, LMB Mortgage Services, Inc., CPL Assets, LLC by Bill Hansen.(Hall, David) |
| Filing 12 NOTICE OF INTERESTED PARTIES by LMB Mortgage Services, Inc. (Vogt, John) |
| Filing 11 MOTION to COMPEL ARBITRATION and to STAY by LMB Mortgage Services, Inc. Attorney Vogt, John A. added. Motion Hearing set for 4/19/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration of Mitchell Viner, #3 Declaration of John A. Vogt)(Vogt, John) Modified on 2/27/2019 (York, M). |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Defendant Rock Holdings, Inc. is DISMISSED, without prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties' Stipulation of Dismissal (ECF No. #9 ). (Text Only Entry) (Schultz, C) |
| Filing 9 STIPULATION of DISMISSAL as to Rock Holdings, Inc. by Rock Holdings, Inc. (Brown, Brooks) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Defendant Rock Holdings, Inc. (Brown, Brooks) |
| Filing 7 STIPULATION TO EXTEND TIME to Respond to Initial Complaint by Rock Holdings, Inc. Attorney Brown, Brooks R. added. (Brown, Brooks) Modified on 2/20/2019 (Huang, H). |
| Filing 6 SUMMONS RETURNED EXECUTED: LMB Mortgage Services, Inc. served on 2/5/2019, answer due 2/26/2019. (Hall, David) |
| Filing 5 SUMMONS RETURNED EXECUTED: Digital Media Solutions, LLC served on 2/8/2019, answer due 3/1/2019. (Hall, David) |
| Filing 4 SUMMONS RETURNED EXECUTED: Rock Holdings, Inc. served on 2/1/2019, answer due 2/22/2019. (Hall, David) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/6/2019 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Kastilahn, A) |
| Filing 2 SUMMONS ISSUED as to *Digital Media Solutions, LLC, LMB Mortgage Services, Inc., Rock Holdings, Inc.* with answer to complaint due within *21* days. Attorney *David Hall* *Hedin Hall LLP* *Four Embarcadero Center, Suite 1400* *San Francisco, CA 94111*. (Kastilahn, A) |
| Filing 1 COMPLAINT against Digital Media Solutions, LLC, LMB Mortgage Services, Inc., Rock Holdings, Inc. by Bill Hansen. Attorney Hall, David added. (Filing fee $ 400, receipt number 0972-8083704) (Attachments: #1 Civil Cover Sheet)(Hall, David) |
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