LaComba et al v Eagle Home Loans and Investment LLC, et al
| Larry Lee LaComba, Sr. and Rochelle Louise LaComba |
| Eagle Home Loans and Investment, LLC and Del Toro Loan Services, Inc. |
| 2:2023cv00370 |
| February 27, 2023 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Kimberly J Mueller |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 19 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/25/2023: In light of the court's 4/25/2023 Order, ECF No. #18 , the Motion Hearing set for 6/30/2023 is VACATED. (Text Only Entry)(Schultz, C) |
Filing 18
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/24/2023 DENYING #6 Motion to Dismiss without prejudice for failure to meet and confer. The Motion Hearing and Status Conference set for 5/19/2023 are VACATED and a Status Conference CONTINUED to 7/21/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Joint Status Report due by 7/7/2023. (Donati, J)
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| Filing 17 STIPULATION to EXTEND HEARING on #6 Motion to Dismiss, : Motion Hearing set for 6/30/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Proposed Order )(Roberts, James) Modified on 4/27/2023 (Licea Chavez, V). |
| Filing 16 CLERK'S ENTRY OF DEFAULT as to *Del Toro Loan Services, Inc.* (Mena-Sanchez, L) |
| Filing 15 REQUEST FOR ENTRY OF DEFAULT as to Del Toro Loan Services, Inc. by Larry Lee LaComba, Sr, Rochelle Louise LaComba. (Attachments: #1 Declaration, #2 Proposed Order)(Crowley, John) Modified on 4/19/2023 (Mena-Sanchez, L). |
| Filing 14 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/12/2023: The court is in receipt of Defendant's Motion to Dismiss, ECF No. #6 . The Motion is noticed for hearing on 5/26/2023, which is not an available law and motion date. Accordingly, the hearing on the Motion is ADVANCED to 5/19/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. Motion briefing deadlines are reset as provided by Local Rule 230. It is FURTHER ORDERED that the Status (Pretrial Scheduling) Conference set for 7/13/2023 is also ADVANCED to 5/19/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. Plaintiffs shall serve a copy of this Minute Order on any Defendant not yet appearing. (Text Only Entry) (Schultz, C) |
| Filing 13 NOTICE to RESCHEDULE HEARING on #6 Motion to Dismiss : Motion Hearing RESET for 5/26/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Roberts, James) Modified on 4/12/2023 (Benson, A.). |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/11/2023: In light of Plaintiffs' Notice of Bankruptcy, ECF No. #8 , the parties shall file a Joint Status Report within fourteen (14) days addressing their respective positions as to whether the entire action must be stayed under 11 USC 362 or whether any portion of the proceedings may proceed at this juncture. Plaintiffs shall serve a copy of this Minute Order on any Defendant not yet appearing. (Text Only Entry) (Schultz, C) |
| Filing 11 NOTICE to RESCHEDULE HEARING on #6 Motion to Dismiss : Motion Hearing RESET for 5/26/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Roberts, James) Modified on 4/12/2023 (Benson, A.). |
| Filing 10 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Deborah Barnes on 4/11/2023: Defendant Eagle Home Loans and Investment, LLC's #6 Motion to Dismiss is defectively noticed. Defendant is advised to properly re-notice the motion to be heard before the assigned District Judge. The 5/26/2023 at 10:00 AM hearing set before Magistrate Judge Deborah Barnes is VACATED. (Her, S) |
| Filing 9 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Crowley, John) |
| Filing 8 NOTICE of FILING BANKRUPTCY Upon the Record as to Plaintiffs by Eagle Home Loans and Investment, LLC (Roberts, James) |
| Filing 7 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Roberts, James) |
| Filing 6 MOTION to DISMISS by Eagle Home Loans and Investment, LLC. Attorney Roberts, James added. Motion Hearing set for 5/26/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Points and Authorities, #2 Request for Judicial notice, #3 Declaration of McClenahan)(Roberts, James) Modified on 4/10/2023 (Licea Chavez, V). |
| Filing 5 SUMMONS RETURNED EXECUTED: Served defendant Eagle Home Loans and Investment, LLC., on 03/09/2023 (Crowley, John) Modified on 3/9/2023 (Rodriguez, E). |
| Filing 4 SUMMONS RETURNED EXECUTED: Served defendant Del Toro Loan Services, Inc. on 03/02/2023. (Crowley, John) Modified on 3/9/2023 (Rodriguez, E). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/13/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Rodriguez, E) |
| Filing 2 SUMMONS ISSUED as to *Del Toro Loan Services, Inc., Eagle Home Loans and Investment, LLC* with answer to complaint due within *21* days. Attorney *John Kevin Crowley* *Law Offices of John K. Crowley* *125 S. Market Street, Suite 1200* *San Jose, CA 95113*. (Rodriguez, E) |
| Filing 1 COMPLAINT against All Defendants by Larry Lee LaComba, Sr, et al. Attorney Crowley, John Kevin added. (Filing fee $ 402, receipt number ACAEDC-10719636) (Attachments: #1 Civil Cover Sheet)(Crowley, John) |
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