Darke et al v. Loancare, LLC
| Ken Darke and Natana Darke |
| Loancare, LLC and Clear Recon Corp. |
| Morehouse Homes, Inc. |
| 3:2023cv04151 |
| August 15, 2023 |
| US District Court for the Northern District of California |
| William Alsup |
| Consumer Credit |
| 15 U.S.C. § 1601 Truth in Lending |
| Defendant |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER RE #30 STIPULATION TO CONTINUE DEADLINES. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 10/13/2023)
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Filing 31
ORDER APPROVING #29 STIPULATED PROTECTIVE ORDER (WITH CONDITIONS). Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 10/13/2023)
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| Filing 30 STIPULATION WITH PROPOSED ORDER to continue certain court deadlines filed by Ken Darke, Natana Darke, Loancare, LLC. (Attachments: #1 Proposed Order)(Shapero, Sarah) (Filed on 10/12/2023) Modified on 10/13/2023 (cjl, COURT STAFF). |
| Filing 29 [PROPOSED] STIPULATED PROTECTIVE ORDER filed by Loancare, LLC, Clear Recon Corp, Keri Darke, Natana Darke. (Klair, Andrew) (Filed on 10/10/2023) Modified on 10/11/2023 (cjl, COURT STAFF). |
| Filing 28 ANSWER to Complaint (Notice of Removal) byLoancare, LLC. (Klair, Andrew) (Filed on 10/10/2023) |
| Filing 27 Receipt in the amount of $2,868.09 with receipt number 311166161 on 09/29/2023 from Kenneth Darke(rgh, COURT STAFF) (Filed on 10/3/2023) |
| Filing 26 Notice of Posting Bond by Ken Darke, Natana Darke. (Shapero, Sarah) (Filed on 9/29/2023) Modified on 9/29/2023 (cjl, COURT STAFF). |
| Filing 25 STIPULATION to Extend Time to Answer or Respond to Complaint filed by Loancare, LLC, Ken Darke, Natana Darke. (Klair, Andrew) (Filed on 9/15/2023) Modified on 9/18/2023 (cjl, COURT STAFF). |
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Filing 24
CASE MANAGEMENT ORDER: Final Pretrial Conference set for 3/13/2024 01:30 PM in San Francisco, Courtroom 12, 19th Floor. Jury Selection/Jury Trial set for 3/18/2024 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Amended Pleadings due by 10/26/2023. Close of Fact Discovery due by 12/21/2023. Dispositive Motions due by 1/12/2024. The private mediator must be selected and on calendar by 10/5/2023, and the mediation must be completed by 11/22/2023. Signed by Judge William Alsup on 9/15/2023. (afm, COURT STAFF) (Filed on 9/15/2023)
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| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 9/15/2023) |
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Filing 23
ORDER RE EVIDENTIARY HEARING AND ONGOING RESTRAINING ORDER. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 9/14/2023)
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| Filing 22 Minute Entry for proceedings held before Judge William Alsup: Evidentiary Hearing held on 9/14/2023. Witnesses: Kenneth Patrick Darke, Steven Scott. Court ruled as stated on the record. Written order to issue.Total Time in Court: 1 Hour; 8 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorney: Sarah Shapero, Jessica Adair. Defendant Attorney: Andrew Klair. Attachment: Minute Order and Trial Log. (Attachments: #1 Trial Log)(afm, COURT STAFF) (Date Filed: 9/14/2023) |
| Filing 21 CLERK'S NOTICE ADVANCING TIME OF EVIDENTIARY HEARING ON 9/14/2023 FROM 11:00AM TO 10:00AM: Time of Evidentiary Hearing is advanced from 11:00AM to 9/14/2023 10:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 9/5/2023) |
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Filing 20
ORDER #9 RESTRAINING RECORDING OF DEED. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 8/31/2023)
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| Filing 19 Receipt in the amount of $2,868.09 with receipt number 311165790 on 08/29/2023 from Kenneth Darke. (rgh, COURT STAFF) (Filed on 8/30/2023) |
| Filing 18 Notice of Posting Bond by Ken Darke, Natana Darke (Shapero, Sarah) (Filed on 8/29/2023) Modified on 8/30/2023 (anj, COURT STAFF). |
| Filing 17 NOTICE RE #16 EVIDENTIARY HEARING. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 8/29/2023) |
| Set/Reset Hearing re #17 Order on Ex Parte Application. Evidentiary Hearing set for 9/14/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (afm, COURT STAFF) (Filed on 8/29/2023) |
| Filing 16 Ex Parte Application to continue hearing date; Non-Opposition to Continuance by Defendant filed by Ken Darke, Natana Darke. (Attachments: #1 Proposed Order)(Shapero, Sarah) (Filed on 8/28/2023) |
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Filing 15
ORDER RE #9 APPLICATION TO RESTRAIN AND SETTING EVIDENTIARY HEARING. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 8/28/2023)
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| Set/Reset Hearing re #15 Order: Evidentiary Hearing set for 9/13/2023 10:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (afm, COURT STAFF) (Filed on 8/28/2023) |
| Filing 14 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 8/25/2023 re #9 Ex Parte Application to restrain the recording of the trustee's deed upon sale filed by Ken Darke, Natana Darke. Written order to issue.Total Time in Court: 1:24 - 1:45 = 21 Minutes. Court Reporter: Stephen Franklin. Plaintiff Attorney: Jessica Adair. Defendant Attorney: Andrew Klair. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 8/25/2023) |
| Filing 13 Corporate Disclosure Statement by Morehouse Homes, Inc. (Schofield, Kathryn) (Filed on 8/24/2023) Modified on 8/25/2023 (cjl, COURT STAFF). |
| Filing 12 OPPOSITION/RESPONSE (re #9 Ex Parte Application to restrain the recording of the trustee's deed upon sale ) filed byLoancare, LLC. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Exh A to RJN, #3 Exhibit Exh B to RJN, #4 Exhibit Exh C to RJN, #5 Declaration Declaration, #6 Exhibit Exh 1 to Dec, #7 Exhibit Exh 2 to Dec, #8 Notice of appearance)(Klair, Andrew) (Filed on 8/24/2023) |
| Filing 11 OPPOSITION REGARDING #9 EX PARTE APPLICATION TO RESTRAIN RECORDING OF TRUSTEE'S DEED UPON SALE BY THIRD PARTY BONA FIDE PURCHASER filed by Morehouse Homes, Inc. (Schofield, Kathryn) (Filed on 8/24/2023) Modified on 8/24/2023 (cjl, COURT STAFF). |
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Filing 10
ORDER RE #9 EX PARTE APPLICATION. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 8/23/2023)
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| Set/Reset Deadlines as to #9 Ex Parte Application to restrain the recording of the trustee's deed upon sale. Responses due at 12:00pm noon by 8/24/2023. Motion Hearing set for 8/25/2023 01:15 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (afm, COURT STAFF) (Filed on 8/23/2023) |
| Filing 9 Ex Parte Application to restrain the recording of the trustee's deed upon sale filed by Ken Darke, Natana Darke. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration of Adair, #3 Declaration of Darke, #4 Proposed Order)(Shapero, Sarah) (Filed on 8/22/2023) |
| Filing 8 CERTIFICATE OF SERVICE by Loancare, LLC re #1 Notice of Removal, #2 Certificate of Interested Entities, #5 Initial Case Management Scheduling Order with ADR Deadlines, #3 Civil Cover Sheet (Frampton, Zachary) (Filed on 8/17/2023) |
| Filing 7 STIPULATION to Extend Time to Answer or Respond to Complaint filed by Loancare, LLC, Ken Darke, Natana Darke. (Frampton, Zachary) (Filed on 8/17/2023) Modified on 8/18/2023 (cjl, COURT STAFF). |
| Filing 6 Amended Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 11/23/2023. Initial Case Management Conference set for 11/30/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 8/17/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 11/9/2023. Initial Case Management Conference set for 11/16/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 8/16/2023) |
| Filing 4 Case assigned to Judge William Alsup. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bar, COURT STAFF) (Filed on 8/16/2023) |
| Filing 3 Civil Cover Sheet by Loancare, LLC (Amended) Re: #1 Notice of Removal. (Frampton, Zachary) (Filed on 8/16/2023) |
| #Electronic filing error. Incorrect Revision of Civil Cover Sheet used [err201]. Current Revision is JS-CAND 44 (Rev. 10/20). No judge assignment will be made until the document is e-filed. Please complete correct Civil Cover Sheet and e-file an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet. Re: #1 Notice of Removal, filed by Loancare, LLC (bar, COURT STAFF) (Filed on 8/16/2023) |
| Filing 2 Corporate Disclosure Statement by Loancare, LLC identifying Corporate Parent Servicelink NLS, LLC for Loancare, LLC. re #1 Notice of Removal, (Frampton, Zachary) (Filed on 8/15/2023) |
| Filing 1 NOTICE OF REMOVAL (with jury demand by plaintiff) (no process) from Contra Costa Superior Court. Their case number is C23-01774. (Filing fee $402 receipt number ACANDC-18549604). Filed by Loancare, LLC. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Frampton, Zachary) (Filed on 8/15/2023) Modified on 8/16/2023 (cjl, COURT STAFF). |
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