(PS) Expose v. Fay Servicing, Inc. et al
| Linda Rose Expose |
| Law Offices of Diane Weifenbach, U.S. Bank National Association Legal Title, Diane Weifenbach, Fay Servicing, Inc. and Attorney Lender Services |
| 2:2019cv01866 |
| September 17, 2019 |
| US District Court for the Eastern District of California |
| Kendall J Newman |
| Troy L Nunley |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.
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Filing 16
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/6/2019 ORDERING that the Court's Orders #9 , #15 on Plaintiffs motion to proceed in forma pauperis and motion for extension of time are VACATED. The hearing on Plaintiff's #7 motion for sanctions currently set for 11/14/2019 is VACATED. In light of the findings and recommendations all pleading, discovery, and motion practice in this action are stayed pending resolution of the findings and recommendations. IT IS HEREBY RECOMMENDED that Plaintiff's #2 motion to proceed in forma pauperis be denied. Plaintiff be required to pay the $400 filing fee as per the payment plan. Plaintiff's #7 Motion for Sanctions and her #13 removal Motion be denied without prejudice. Plaintiff be informed that a failure to timely pay her installments on the filing fee, or timely request an extension of time to do so, will result in dismissal of the action. Motions referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Zignago, K.)
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| SERVICE BY MAIL: #16 Order and Findings and Recommendations served on Linda Rose Expose. (Zignago, K.) |
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Filing 15
[VACATED PER #16 ORDER] ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/19 GRANTING #14 Motion for Extension of time. Plaintiff shall pay the filing fee of $400.00 on an installment schedule, with $50.00 payments to the Clerk of Court. (Kaminski, H) Modified on 11/6/2019 (Zignago, K.).
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| SERVICE BY MAIL: #15 Order, served on Linda Rose Expose. (Kaminski, H) |
| Filing 14 MOTION for EXTENSION OF TIME for filing fees by Linda Rose Expose. (Reader, L) |
| Filing 13 MOTION to remove a civil case to federal court by Linda Rose Expose. (Kastilahn, A) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 9/30/2019: The plaintiff's Motion to Continue Hearing (ECF No. #11 ) is GRANTED. The hearing on plaintiff's Motion for Sanctions (ECF No. #7 ) is RESET for 11/14/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY ENTRY) (Waldrop, A) |
| SERVICE BY MAIL: 12 Minute Order served on Linda Rose Expose. (Waldrop, A) |
| Filing 11 Motion to Continue Hearing on Motion for Sanctions by Linda Rose Expose. (Kaminski, H) Modified on 9/30/2019 (Waldrop, A). |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on September 27, 2019: The Court construes Plaintiffs filing, titled "Response to Motion for TRO" (ECF No. #8 ), as a Motion for Reconsideration of the Court's September 24, 2019 Order denying Plaintiff's Motion for TRO. Plaintiffs Motion for Reconsideration is DENIED as moot, as the foreclosure sale Plaintiff sought to enjoin occurred on September 25, 2019. Furthermore, even if the sale did not occur as scheduled, Plaintiff's Motion must be denied, not only because it fails to cure the substantive deficiencies previously identified by the Court, but also because it asserts new facts identifying a pending state court action (Stanislaus Superior Court Case No. CV-19-005329) that renders Plaintiff's Complaint in this action duplicative. (TEXT ONLY ENTRY) (Krueger, M) |
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Filing 9
[VACATED PER #16 ORDER] ORDER signed by Magistrate Judge Kendall J. Newman on 9/27/19 DENYING Plaintiff's motion to proceed in forma pauperis (ECF No. #2 ); and Within 28 days of this order, plaintiff shall pay the applicable filing fee. Failure to timely pay the filing fee, or timely request an extension of time to do so, will result in dismissal of the action pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R) Modified on 11/6/2019 (Zignago, K.).
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| Filing 8 MOTION for TEMPORARY RESTRAINING ORDER by Linda Rose Expose. (Attachments: #1 TRO Checklist, #2 Declaration, #3 Proposed Order)(Huang, H) |
| SERVICE BY MAIL: 10 Minute Order served on Linda Rose Expose. (Krueger, M) |
| SERVICE BY MAIL: #9 Order served on Linda Rose Expose. (Becknal, R) |
| Filing 7 MOTION for SANCTIONS by Linda Rose Expose. Motion Hearing set for 10/31/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Benson, A.) |
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Filing 6
ORDER signed by District Judge Troy L. Nunley on 9/24/19 DENYING without prejudice #3 Motion for Non-Judicial Restraining Order- Permanent Injunction and Demand for Emergency Hearing. (Kaminski, H)
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| SERVICE BY MAIL: #6 Order, served on Linda Rose Expose. (Kaminski, H) |
| Filing 5 DEMAND to STRIKE by Linda Rose Expose. (Benson, A.) |
| Filing 4 FIRST AMENDED COMPLAINT against All Defendants by Linda Rose Expose.(Benson, A.) |
| Filing 3 MOTION for TEMPORARY RESTRAINING ORDER by Linda Rose Expose. (Attachments: #1 TRO Checklist)(Benson, A.) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Linda Rose Expose. (Benson, A.) |
| Filing 1 COMPLAINT against All Defendants by Linda Rose Expose.(Benson, A.) |
| APPLICATION TO PROCEED IFP filed - Action Required. (Benson, A.) |
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