(PS) Gallagher v. PHH Mortgage Corp. et al
| Julie C. Gallagher |
| PHH Mortgage Corporation, Western Progressive, LLC and Deutsche Bank Trust Company Americas |
| 2:2022cv00175 |
| January 26, 2022 |
| US District Court for the Eastern District of California |
| Daniel J Calabretta |
| John A Mendez |
| Jeremy D Peterson |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Default |
| None |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 CASE CLOSED pursuant to #30 Stipulation of Dismissal. (TEXT ONLY ENTRY) (Donati, J) |
| Filing 30 STIPULATION of DISMISSAL of Action with Prejudice by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC. (Yould, Peter) Modified on 8/11/2023 (Licea Chavez, V). |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy N. Cannarozzi for Magistrate Judge Jeremy D. Peterson on 7/11/2023: Pursuant to the #27 Notice of Settlement, the parties shall file dispositional documents within 30 days. (Text Only Entry)(Cannarozzi, N) |
| SERVICE BY MAIL: 29 Minute Order served on Julie C. Gallagher. (Cannarozzi, N) |
| Filing 28 CERTIFICATE / PROOF of SERVICE by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation re #27 Notice of Settlement. (Yould, Peter) |
| Filing 27 NOTICE of SETTLEMENT by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation. Dispositional Docs due by 7/27/2023. (Yould, Peter) |
Filing 26
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/26/2023: Pursuant to the senior status of District Judge John A. Mendez, this case is REASSIGNED to District Judge Daniel J. Calabretta Judge for all further proceedings. District Judge John A. Mendez is no longer assigned to case. The case number on all future filed documents shall be: 2:22-cv-0175 DJC JDP (PS). (TEXT ONLY ENTRY)(Donati, J)
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Filing 25
ORDER signed by Magistrate Judge Jeremy D. Peterson on 4/5/2023 ORDERING the parties to make Expert Disclosures on or before 4/18/2023. Supplemental disclosure and disclosure of any rebuttal experts shall be made on or before 5/18/2023. All Dispositive Motions shall be filed by 6/30/2023, and be noticed for hearing on 8/24/23, at 10:00 a.m. before Magistrate Judge Jeremy D. Peterson. (Mena-Sanchez, L)
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| SERVICE BY MAIL: #25 Order, served on Julie C. Gallagher. (Mena-Sanchez, L) |
| SERVICE BY MAIL: 26 Order Reassigning Case served on Julie C. Gallagher. (Donati, J) |
| Filing 24 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 04/05/2022: On 3/2/2023, Plaintiff was granted thirty (30) days to retain counsel and for retained counsel to file a notice of appearance in this action. ECF No. 21. To date, the docket is absent any notification that Plaintiff has complied with this Court's order. Accordingly, this matter and any pending motions are REFERRED to the magistrate judge for all further proceedings. See E.D. Cal. L.R. 302(c)(21). Any hearing dates and deadlines previously set before the undersigned, including the 10/20/2023 final pretrial conference and the 11/27/2023 jury trial are hereby VACATED. Furthermore, on the Court's own motion and pursuant to the senior status of District Judge John A. Mendez, the Clerk's Office is DIRECTED to reassign this case to another district judge. (cc: Operations Supervisors Sacramento) (York, M) |
| SERVICE BY MAIL: 24 Minute Order served on Julie C. Gallagher. (York, M) |
| Filing 23 MOTION for EXTENSION OF TIME to and for Administrative Relief by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation. (Attachments: #1 Proposed Order)(Yould, Peter) |
| Filing 22 NOTICE of ENTRY of 21 ORDER on plaintiff by Julie C. Gallagher (Fry, Christopher) Modified on 3/7/2023 (Licea Chavez, V). |
| Filing 21 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 03/02/2023: Finding good cause, the Court GRANTS Plaintiff's counsel's motion to withdraw as counsel of record for individual Plaintiff Julie C. Gallagher. See Mot., ECF No. #17 . The case shall be STAYED for a period of thirty (30) days from the date of this order for Plaintiff to obtain replacement counsel. If Plaintiff fails to secure counsel by such time, Plaintiff shall be referred to Magistrate Judge Peterson for further proceedings as a pro se litigant. See L.R. 302(c)(21). The hearing on March 14, 2023, is hereby VACATED. Plaintiff's counsel is ORDERED to provide Plaintiff with a copy of this order and to notify the Court upon having done so. Plaintiff shall advise the Court when Plaintiff has secured replacement counsel by contacting Courtroom Deputy York, myork@caed.uscourts.gov. (York, M) |
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Filing 20
ORDER signed by Senior Judge John A. Mendez on 2/8/23 ORDERING that the parties shall make expert witness disclosures on or before 4/4/2023. Supplemental disclosure and disclosure of any rebuttal experts shall be made on or before 5/4/2023. (Kastilahn, A)
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| Filing 19 MOTION for EXTENSION OF TIME for Expert Witness Disclosures by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC. (Attachments: #1 Proposed Order)(Yould, Peter) Modified on 2/8/2023 (Benson, A.). |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 2/6/2023: Plaintiff's #17 Motion to Withdraw as Counsel is noticed for hearing on a date not designated for the Court's civil law and motion calendar. Consequently, the hearing set for 3/7/2023 is VACATED and RESET for 3/14/2023 at 1:30 PM in Courtroom 6 before Senior Judge John A. Mendez. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 17 MOTION to WITHDRAW as ATTORNEY by Counsel for Julie C. Gallagher. Motion Hearing set for 3/7/2023 at 01:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Attachments: #1 Declaration of Christopher J. Fry, #2 Proposed Order)(Fry, Christopher) |
| Filing 16 MINUTE ORDER issued by Courtroom Deputy G. Michel for Senior Judge John A. Mendez on 1/12/2023: Plaintiff's Proposed Substitution of Attorney, ECF No. #15 , as filed, is defective. Counsel "may not withdraw leaving the client in propria persona without leave of court upon noticed motion and notice to the client and all other parties who have appeared." See E.D. Cal L.R. 182(d). Accordingly, Counsel shall file a properly notice motion to withdraw as attorney if his client is to proceed in propria persona. Plaintiff's Proposed Substitution of Attorney is disregarded and will not be considered by the Court. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 15 [DISREGARD - see 16 Minute Order] PROPOSED SUBSTITUTION OF ATTORNEY by Julie C. Gallagher. (Fry, Christopher) Modified on 1/12/2023 (Michel, G.). |
| Filing 14 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Peter Yould for Deutsche Bank Trust Company Americas,Peter Yould for PHH Mortgage Corporation,Peter Yould for Western Progressive, LLC, attorney Leah S. Strickland terminated (Yould, Peter) |
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Filing 13
PRETRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 3/25/2022 ORDERING all dispositive motions shall be filed by 6/30/2023. Hearing on such motions shall be on 8/22/2023 at 1:30 PM. All discovery shall be completed by 5/26/2023. The parties shall make expert witness disclosures by 2/24/2023. Supplemental disclosure and disclosure of any rebuttal experts shall be made by 3/24/2023. Final Pretrial Conference set for 10/20/2023 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial set for 11/27/2023 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)
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| Filing 12 JOINT STATUS REPORT by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC. (Strickland, Leah) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Defendant Western Progressive, LLC. (Strickland, Leah) |
| Filing 10 ANSWER by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC.(Strickland, Leah) |
| Filing 9 AMENDED STIPULATION FOR EXTENSION OF TIME to respond to the complaint by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC. (Strickland, Leah) Modified on 2/2/2022 (Reader, L). |
| Filing 8 CERTIFICATE of SERVICE by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC re #4 Civil New Case Documents for JAM. (Strickland, Leah) |
| Filing 7 NOTICE of Filing Declaration of Non-Monetary Status to Plaintiff's Complaint By Foreclosure Trustee Pursuant to Cal. Civ. Code 29241 by Western Progressive, LLC. (Strickland, Leah) |
| Filing 6 [DISREGARD - see #9 Amended Stipulation] STIPULATION FOR EXTENSION OF TIME to respond to the complaint by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC. (Strickland, Leah) Modified on 2/2/2022 (Reader, L). Modified on 2/3/2022 (Michel, G.). |
| Filing 5 CERTIFICATE of SERVICE by Deutsche Bank Trust Company Americas, PHH Mortgage Corporation, Western Progressive, LLC re #4 Civil New Case Documents for JAM, #3 Corporate Disclosure Statement, #1 Notice of Removal, #2 Corporate Disclosure Statement. (Strickland, Leah) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Mena-Sanchez, L) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendant Deutsche Bank Trust Company Americas. (Strickland, Leah) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendant PHH Mortgage Corporation. (Strickland, Leah) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2021-00312847 by All Defendants. (Filing fee $ 402, receipt number ACAEDC-10044275) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Strickland, Leah) |
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