Psarakis et al v. World Business Lenders Inc et al
| Michael Xyntaras, Old Fashion Butcher Shop, Inc, Panagiota Psarakis, Nikolaos Psarakis and Star Natural Meats 1, Inc |
| World Business Lenders Inc, Wayne R. Fricke, Trustee, et al. c/o Redwood Trust Deed Services, Peter Boudouvas and Wayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl |
| 3:2020cv08868 |
| December 14, 2020 |
| US District Court for the Northern District of California |
| William Alsup |
| Real Property: Other |
| 42 U.S.C. § 1471 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/25/2021. Initial Case Management Conference set for 4/1/2021 at 08:00 AM before Judge William Alsup. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 2/11/2021) |
| Filing 28 CLERK'S NOTICE SETTING STATUS CONFERENCE. Pursuant to the Court's order at #27 , Status Conference set for 4/1/2021 at 08:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 1/29/2021) |
Filing 27
ORDER FOR LIMITED DISCOVERY. SIGNED BY JUDGE ALSUP. (whalc2S, COURT STAFF) (Filed on 1/28/2021)
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| Filing 26 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 1/28/2021 by AT&T Conference line re #16 First MOTION for Preliminary Injunction. The Court heard oral arguments and took the motion under submission. The TRO remains in effect. Total Time in Court: 51 minutes. Court Reporter: Debra Pas. Plaintiff Attorney: Elizabeth Cermak. Defendant Attorney: Benjamin Levinson on behalf of First Deed of Trust Holders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 1/28/2021) |
| Filing 25 REPLY (re #16 First MOTION for Preliminary Injunction ) filed byOld Fashion Butcher Shop, Inc, Nikolaos Psarakis, Panagiota Psarakis, Star Natural Meats 1, Inc, Michael Xyntaras. (Attachments: #1 Certificate/Proof of Service)(Cermak, Elizabeth) (Filed on 1/27/2021) |
| Filing 23 OPPOSITION/RESPONSE (re #16 First MOTION for Preliminary Injunction ) Certificate of Service of Opposition filed byWayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated 11/3/2003; James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl. (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 22 OPPOSITION/RESPONSE (re #16 First MOTION for Preliminary Injunction ) Request for Judicial Notice with exhibit attached filed byWayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated 11/3/2003; James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl. (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 21 OPPOSITION/RESPONSE (re #16 First MOTION for Preliminary Injunction ) Declaration of Benjamin R. Levinson with exhibits attached filed byWayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated 11/3/2003; James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl. (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 20 OPPOSITION/RESPONSE (re #16 First MOTION for Preliminary Injunction ) Declaration of James Lynch with Exhibits attached filed byWayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated 11/3/2003; James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl. (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 19 OPPOSITION/RESPONSE (re #16 First MOTION for Preliminary Injunction ) Declaration of Robert Cullen In Opposition with exhibits attached filed byWayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated 11/3/2003; James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl. (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 18 OPPOSITION/RESPONSE (re #16 First MOTION for Preliminary Injunction ) filed byWayne R. Fricke and Elizabeth E. Fricke, Trustees of the Wayne R. and Elizabeth E. Fricke Revocable Trust Dated 11/3/2003; James M. Lynch and Carla Zepponi Lynch, Trustees of the Lynch Family Revocabl. (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 17 NOTICE of Appearance by Benjamin Rafael Levinson (Levinson, Benjamin) (Filed on 1/19/2021) |
| Filing 16 First MOTION for Preliminary Injunction filed by Old Fashion Butcher Shop, Inc, Nikolaos Psarakis, Panagiota Psarakis, Star Natural Meats 1, Inc, Michael Xyntaras. Motion Hearing set for 1/28/2021 08:00 AM in San Francisco, - Telephonic Only before Judge William Alsup. Responses due by 1/21/2021. Replies due by 2/1/2021. (Attachments: #1 Certificate/Proof of Service Proof of Service, #2 Declaration Declaration of Mike Xyntaras, #3 Exhibit Exhibit A- Loan Terms and Balances, #4 Exhibit Exhibit B- Alameda County Recorder's Office, #5 Exhibit Exhibit C- Letter from Redwood Trust Deed Services, #6 Exhibit Exhibit D- Declaration of Mortgage Servicer, #7 Exhibit Exhibit E- Letter from Redwood Trust Deed Services, #8 Exhibit Exhibit F- Letter from World Business Lenders)(Mellen, Matthew) (Filed on 1/7/2021) |
| Filing 15 AMENDED COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF against Peter Boudouvas, Wayne R. Fricke, Trustee, et al. c/o Redwood Trust Deed Services, World Business Lenders Inc, Michael Xyntaras. Filed byStar Natural Meats 1, Inc, Nikolaos Psarakis, Panagiota Psarakis, Old Fashion Butcher Shop, Inc. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Mellen, Matthew) (Filed on 1/7/2021) |
| Filing 24 Receipt in the amount of $25,000 with receipt number 34611152243 from Nikolaos Psarakis. (rghS, COURT STAFF) (Filed on 12/23/2020) |
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Filing 14
ORDER RE BOND; see #13 Order on Ex Parte Application. Signed by Judge William Alsup on 12/21/2020. (amd2S, COURT STAFF) (Filed on 12/21/2020)
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Filing 13
ORDER GRANTING #2 APPLICATION FOR TEMPORARY RESTRAINING ORDER. SIGNED BY JUDGE ALSUP. (whalc2, COURT STAFF) (Filed on 12/17/2020)
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| Filing 12 CLERK'S NOTICE SETTING TELEPHONIC HEARING. Motion Hearing re Preliminary Injunction set for 1/28/2021 at 08:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 12/17/2020) |
| Filing 11 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 12/17/2020 by AT&T Conference line re #2 Emergency Ex Parte Application for Temporary Restraining Order. The Court ENJOINED the foreclosure sale set to take place today. Plaintiff shall have until 1/7/2021 to file a motion for preliminary injunction. Opposition due on 1/21/2021. Motion Hearing set for 1/28/2021 at 8:00 AM. On or before 12/22/2020 at 12:00 PM, plaintiffs shall post a bond of $25,000 with the Court and make one mortgage payment directly to the lender. If bond and payment are not posted by Tuesday at noon, the temporary restraining order will be vacated. In addition, plaintiffs must serve Mr. Boudouvas, and any other defendant other than those represented by Mr. Levinson, anew by process server. Each side may take one deposition by the end of the year or make a reasonable and narrowly-directed document request. All discovery to be expedited. Total Time in Court: 38 minutes. Court Reporter: Marla Knox. Plaintiff Attorney: Matthew Mellen. Defendant Attorney: Benjamin Levinson on behalf of First Deed of Trust Holders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 12/17/2020) |
| Filing 10 Summons Issued as to Peter Boudouvas, Wayne R. Fricke, Trustee, et al. c/o Redwood Trust Deed Services, World Business Lenders Inc. (hdjS, COURT STAFF) (Filed on 12/15/2020) |
| Filing 9 Proposed Summons. (Cermak, Elizabeth) (Filed on 12/15/2020) |
| Filing 8 CLERK'S NOTICE SETTING TELEPHONIC HEARING. Pursuant to the Court's order at #7 Motion Hearing as to #2 Emergency Ex Parte Application for Temporary Restraining Order set for 12/17/2020 at 08:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) #2 ) (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 12/15/2020) |
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Filing 7
ORDER SETTING HEARING RE APPLICATION FOR TEMPORARY RESTRAINING ORDER. HEARING SET FOR DECEMBER 17 AT 8:00 A.M. PLAINTIFFS SHALL SERVE COPY OF THIS ORDER, THE COMPLAINT, AND THE MOVING PAPERS ON ALL DEFENDANTS BY DECEMBER 16 AT 10:00 A.M. SIGNED BY JUDGE ALSUP. (whalc2, COURT STAFF) (Filed on 12/15/2020)
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Filing 6
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 12/14/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 12/14/2020)
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| Filing 5 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 12/14/2020) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/11/2021. Initial Case Management Conference set for 3/18/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdjS, COURT STAFF) (Filed on 12/14/2020) |
| Filing 3 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/28/2020. (haS, COURT STAFF) (Filed on 12/14/2020) |
| Filing 2 Emergency Ex Parte Application for Temporary Restraining Order filed by Old Fashion Butcher Shop, Inc, Nikolaos Psarakis, Panagiota Psarakis, Star Natural Meats 1, Inc, Michael Xyntaras. (Attachments: #1 Declaration Declaration of Michael Xyntaras, #2 Declaration Declaration of Elizabeth B. Cermak, #3 Proposed Order Proposed Order)(Cermak, Elizabeth) (Filed on 12/14/2020) |
| Filing 1 COMPLAINT For Damages and Equitable Relief against All Defendants ( Filing fee $ 402, receipt number 0971-15314372.). Filed byMichael Xyntaras, Panagiota Psarakis, Nikolaos Psarakis, Star Natural Meats 1, Inc, Old Fashion Butcher Shop, Inc. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Cermak, Elizabeth) (Filed on 12/14/2020) |
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