Plascencia et al v. Lending 1st Mortgage et al
Plaintiff: Armando Plascencia and Melania Plascencia
Defendant: Lending 1st Mortgage, Lending 1st Mortgage, LLC and EMC Mortgage Corporation
Case Number: 4:2007cv04485
Filed: January 25, 2010
Court: US District Court for the Northern District of California
Office: Oakland Office
Presiding Judge: Joseph C. Spero
Presiding Judge: Claudia Wilken
Nature of Suit: Other Statutory Actions
Cause of Action: 15:1601 Truth in Lending

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 28, 2014 Opinion or Order Filing 478 JUDGMENT. Signed by Judge Claudia Wilken on 1/28/2014. (ndr, COURT STAFF) (Filed on 1/28/2014)
October 18, 2013 Opinion or Order Filing 461 ORDER by Judge Claudia Wilken Granting 457 Unopposed MOTION for Preliminary Approval of Class Action Settlement APPROVING CLASS NOTICE PLAN AND SETTING FINAL APPROVAL HEARING. (ndr, COURT STAFF) (Filed on 10/18/2013)
July 2, 2013 Opinion or Order Filing 451 ORDER by Judge Claudia Wilken Granting 450 Stipulation TO CONTINUE DATE FOR FILING JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. (ndr, COURT STAFF) (Filed on 7/2/2013)
May 30, 2013 Opinion or Order Filing 449 ORDER by Judge Claudia Wilken RE 448 JOINT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND GRANTING STIPULATION TO VACATE DEADLINES AND DENYING PENDING ( 356 , 357 , 358 , 364 , AND 368 ) MOTIONS WITHOUT PREJUDICE AS MOOT. (ndr, COURT STAFF) (Filed on 5/30/2013)
May 13, 2013 Opinion or Order Filing 447 ORDER by Judge Claudia Wilken JOINT 436 MOTION FOR FINAL APPROVAL OF PARTIAL CLASS ACTION SETTLEMENT AND FINAL JUDGMENT. (ndr, COURT STAFF) (Filed on 5/13/2013)
March 28, 2013 Opinion or Order Filing 438 ORDER by Judge Claudia Wilken GRANTING IN PART AND DENYING IN PART EMCS 362 MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 3/28/2013)
March 1, 2013 Opinion or Order Filing 434 ORDER Granting re 433 MOTION for Leave to File Statement of Recent Decisions. Signed by Judge Claudia Wilken on 3/1/2013. (ndr, COURT STAFF) (Filed on 3/1/2013)
November 14, 2012 Opinion or Order Filing 417 ORDER by Judge Claudia Wilken Granting 416 Stipulation Re 404 MOTION for Settlement. (ndr, COURT STAFF) (Filed on 11/14/2012)
August 27, 2012 Opinion or Order Filing 396 ORDER REGARDING EMCS 362 MOTION TO FILE UNDER SEAL. Signed by Judge Claudia Wilken on 8/27/2012. (ndr, COURT STAFF) (Filed on 8/27/2012)
August 20, 2012 Opinion or Order Filing 387 ORDER by Judge Claudia Wilken DENYING PLAINTIFFS ( 371 , 375 ) MOTIONS TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 8/20/2012)
July 20, 2012 Opinion or Order Filing 366 ORDER by Judge Claudia Wilken GRANTING IN PART AND DENYING IN PART PLAINTIFFS 350 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 7/20/2012)
June 26, 2012 Opinion or Order Filing 348 ORDER GRANTING IN PART EMC MORTGAGE CORPORATIONS 347 ADMINISTRATIVE MOTION FOR ADDITIONAL PAGES AND THE PARTIES 345 STIPULATION FOR RELIEF FROM THE CASE MANAGEMENT SCHEDULE.Cross Motions/Responses due by 7/13/2012. Replies due by 7/27/2012. Repli es due by 8/9/2012. Motion Hearing set for 8/23/2012 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 8/16/2012. Further Case Management Conference set for 8/23/2012 02:00 PM. Signed by Judge Claudia Wilken on 6/26/2012. (ndr, COURT STAFF) (Filed on 6/26/2012)
March 19, 2012 Opinion or Order Filing 333 ORDER GRANTING re 332 Letter filed by Armando Plascencia for Mark R. Cuker, counsel for Plaintiff, to appear by phone at the discovery hearing on 3/23/12 at 9:30 AM. Signed by Judge Joseph C. Spero on 3/16/12. (klhS, COURT STAFF) (Filed on 3/19/2012)
March 15, 2012 Opinion or Order Filing 331 ORDER GRANTING re 330 Letter filed by EMC Mortgage Corporation for Stephen R. Meinertzhagen to appear by phone on 3/23/12 at 9:30 AM for the discovery hearing. Signed by Judge Joseph C. Spero on 3/14/12. (klhS, COURT STAFF) (Filed on 3/15/2012)
January 26, 2012 Opinion or Order Filing 323 ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 285 SECOND MOTION TO AMEND THE CLASS CERTIFICATION ORDER AND PLAINTIFFS 300 MOTION FOR LEAVE TO FILE AN AMENDMENT TO THE THIRD AMENDED COMPLAINT. (ndr, COURT STAFF) (Filed on 1/26/2012)
January 9, 2012 Opinion or Order Filing 320 ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 318 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 1/9/2012)
December 23, 2011 Opinion or Order Filing 313 ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 306 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 12/23/2011)
December 2, 2011 Opinion or Order Filing 297 ORDER Granting 292 Amended Stipulation to Enlarge Briefing Schedule on Plaintiffs' 285 Second Motion to Amend Class Certification Order and to Continue December 15, 2011 Hearing Date. Responses due by 12/2/2011. Replies due by 12/16/2011. Motion Hearing set for 1/12/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 12/2/2011. (ndr, COURT STAFF) (Filed on 12/2/2011)
December 1, 2011 Opinion or Order Filing 294 ORDER by Judge Claudia Wilken GRANTING IN PART PLAINTIFFS 287 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 12/1/2011)
November 28, 2011 Opinion or Order Filing 291 ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 267 MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE AND CLARIFYING CLASS CERTIFICATION ORDER. (ndr, COURT STAFF) (Filed on 11/28/2011)
August 18, 2011 Opinion or Order Filing 270 ORDER Granting 264 Fifth Stipulation For Relief From Case Management Order 249 . Case Management Statement due by 5/3/2012. Further Case Management Conference set for 5/10/2012 02:00 PM. Motion Hearing set for 5/10/2012 02:00 PM before Hon. Clau d ia Wilken. Final Pretrial Conference set for 8/7/2012 02:00 PM. Jury Selection set for 8/27/2012 08:30 AM before Hon. Claudia Wilken. Jury Trial (5 day)set for 8/27/2012 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/18/2011. (ndr, COURT STAFF) (Filed on 8/18/2011)
August 5, 2011 Opinion or Order Filing 261 ORDER GRANTING DISCOVERY MOTION CONTAINED In 254 Joint Letter, filed by EMC Mortgage Corporation. Signed by Judge Joseph C. Spero on 8/5/11. (klhS, COURT STAFF) (Filed on 8/5/2011)
December 15, 2010 Opinion or Order Filing 249 ORDER Granting 248 Fourth Stipulation FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PURSUANT TO LOCAL RULE 16-2(d). Case Management Statement due by 3/15/2012. Further Case Management Conference (whether or not motion filed) set for 3/22/2012 02:00 PM . Final Pretrial Conference set for 6/5/2012 02:00 PM. Jury Selection set for 6/18/2012 08:30AM. Jury Trial (5 day) set for 6/18/2012 08:30 AM. (to be filed) Dispositive Motion Hearing set for 3/22/2012 02:00 PM.. Signed by Judge Claudia Wilken on 12/15/2010. (ndr, COURT STAFF) (Filed on 12/15/2010)
November 29, 2010 Opinion or Order Filing 246 AMENDED ORDER DEFINING CLASSES. Signed by Judge Claudia Wilken on 11/29/2010. (ndr, COURT STAFF) (Filed on 11/29/2010)
November 16, 2010 Opinion or Order Filing 243 ORDER by Judge Claudia Wilken denying 209 Motion to Amend Class Certification Order (ndr, COURT STAFF) (Filed on 11/16/2010)
November 12, 2010 Opinion or Order Filing 241 ORDER by Judge Claudia Wilken denying 229 Administrative Motion to File Under Seal (ndr, COURT STAFF) (Filed on 11/12/2010)
November 2, 2010 Opinion or Order Filing 228 ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE 206 , 212 , 223 MOTIONS TO SEAL. (ndr, COURT STAFF) (Filed on 11/2/2010) Modified on 11/3/2010 (cp, COURT STAFF).
October 4, 2010 Opinion or Order Filing 225 ORDER re 219 Granting Stipulation to Modify Briefing Schedule on 209 Plaintiff's Motion to Amend Class Certification Order. Signed by Judge Claudia Wilken on 10/4/2010. (ndr, COURT STAFF) (Filed on 10/4/2010)
August 13, 2010 Opinion or Order Filing 201 ORDER re 200 Granting Third Stipulation for Relief from Case Management Schedule. Further Case Management Conference set for 7/21/2011 02:00 PM. Final Pretrial Conference set for 10/4/2011 02:00 PM. Jury Trial (5 day) set for 10/17/2011 08:30 AM. Motion Hearing set for 7/21/2011 02:00 PM. Signed by Judge Claudia Wilken on 8/13/2010. (ndr, COURT STAFF) (Filed on 8/13/2010)
January 25, 2010 Opinion or Order Filing 199 ORDER re 198 granting SECOND STIPULATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE PURSUANT TO LOCAL RULE 16-2(d). Further Case Management Conference set for 2/24/2011 02:00 PM. Jury Trial set for 5/23/2011 08:30 AM. Motion Hearing set for 2/24/2011 02:00 PM. Pretrial Conference set for 5/10/2011 02:00 PM.. Signed by Judge Claudia Wilken on 1/25/10. (scc, COURT STAFF) (Filed on 1/25/2010)
December 2, 2009 Opinion or Order Filing 193 ORDER OF REFERRAL PURSUANT TO CIVIL LOCAL RULE 3-12(C) TO DETERMINE IF CASES ARE RELATED. Signed by Judge Maria-Elena James on 12/2/2009. (cdnS, COURT STAFF) (Filed on 12/2/2009)
October 19, 2009 Opinion or Order Filing 192 ORDER re 189 REVISING CASE MANAGEMENT SCHEDULE. Jury Trial set for 11/15/2010 08:30 PM. Motion Hearing set for 8/12/2010 02:00 PM. Pretrial Conference set for 11/2/2010 02:00 PM.. Signed by Judge Claudia Wilken on 10/19/09. (scc, COURT STAFF) (Filed on 10/19/2009)
October 16, 2009 Opinion or Order Filing 191 ORDER re 179 Defining Certified Classes. Signed by Judge Claudia Wilken on 10/16/2009. (cwlc2, COURT STAFF) (Filed on 10/16/2009)
August 21, 2009 Opinion or Order Filing 178 ORDER by Judge Claudia Wilken granting in part and denying in part 94 Motion to Certify Class; granting 166 Motion for leave to file corrected brief ; denying 174 Motion for Leave to File Supplemental Brief (cwlc2, COURT STAFF) (Filed on 8/21/2009) Modified on 8/24/2009 (cp, COURT STAFF).
March 17, 2009 Opinion or Order Filing 154 ORDER Granting Defendant Lending 1st Mortgage's Request to Be Excused from Personal Appearance at Mediation. Signed by Magistrate Judge Wayne D. Brazil on 3/2/2009. (hlk, COURT STAFF) (Filed on 3/17/2009)
March 13, 2009 Opinion or Order Filing 151 ORDER Denying Request to be Excused from Appearing in Person at Mediation. Signed by Magistrate Judge Wayne D. Brazil on 3/13/09. (wdblc2, COURT STAFF) (Filed on 3/13/2009)
February 20, 2009 Opinion or Order Filing 139 ORDER re 130 granting withdrawal of Preliminary Injunction Motion. Motions terminated: 98 . Signed by Judge Claudia Wilken on 2/20/09. (scc, COURT STAFF) (Filed on 2/20/2009)
February 18, 2009 Opinion or Order Filing 132 ORDER re 129 GRANTING STIPULATION Requesting Continuation of Mediation Completion. Signed by Judge CLAUDIA WILKEN on 2/18/09. (scc, COURT STAFF) (Filed on 2/18/2009)
February 17, 2009 Opinion or Order Filing 131 ORDER granting re 127 Substitution of Counsel filed by Melania Plascencia, Armando Plascencia, Attorney Paul R. Kiesel; Patrick DeBlase and Michael C Eyerly terminated.. Signed by Judge Claudia Wilken on 2/17/09. (cp, COURT STAFF) (Filed on 2/17/2009)
December 23, 2008 Opinion or Order Filing 125 ORDER re 123 GRANTING STIPULATION to continue hearing date on the Class Certification and Preliminary Injunction Motions. Motion Hearing set for 3/5/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 12/23/08. (scc, COURT STAFF) (Filed on 12/23/2008)
December 10, 2008 Opinion or Order Filing 111 ORDER re 109 granting STIPULATION CONTINUING MEDIATION COMPLETION DATE. Signed by Judge Claudia Wilken on 12/10/08. (scc, COURT STAFF) (Filed on 12/10/2008)
December 9, 2008 Opinion or Order Filing 110 ORDER GRANTING DEFENDANT LENDING 1ST MORTGAGE'S REQUEST TO BE EXCUSED FROM PERSONAL APPEARANCE AT MEDIATION. Signed by Judge Wayne D. Brazil on 12/9/2008. (wdblc1, COURT STAFF) (Filed on 12/9/2008)
December 4, 2008 Opinion or Order Filing 108 ORDER GRANTING EMC'S REQUEST TO BE EXCUSED FROM PERSONAL APPEARANCE AT MEDIATION. Signed by Judge Wayne D. Brazil on 12/4/2008. (wdblc1, COURT STAFF) (Filed on 12/4/2008)
November 14, 2008 Opinion or Order Filing 101 ORDER re 100 granting as modified STIPULATION Continuing Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction. Motion Hearing set for 1/8/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/14/08. (scc, COURT STAFF) (Filed on 11/14/2008)
October 27, 2008 Opinion or Order Filing 93 Notice of Reference and Order Re: Discovery Procedures re Case Referred to Magistrate Judge for Discovery Motion Hearing re: Plainntiff's Motion To Compel Interrogatories Nos. 2 & 3 set for 12/5/2008 09:30 AM in Courtroom A, 15th Floor, San Francisco.. Signed by Judge Joseph C. Spero on 10/24/08. (fj, COURT STAFF) (Filed on 10/27/2008)
October 7, 2008 Opinion or Order Filing 87 ORDER re 85 granting STIPULATION For Extension of Time to Complete Mediation. Signed by Judge Claudia Wilken on 10/7/08. (scc, COURT STAFF) (Filed on 10/7/2008)
September 30, 2008 Opinion or Order Filing 84 ORDER by Judge Claudia Wilken granting in part 73 Motion to Dismiss (scc, COURT STAFF) (Filed on 9/30/2008)
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Search for this case: Plascencia et al v. Lending 1st Mortgage et al
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Plaintiff: Armando Plascencia
Represented By: David M. Arbogast
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Plaintiff: Melania Plascencia
Represented By: David M. Arbogast
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Defendant: Lending 1st Mortgage
Represented By: John Thomas Aldrich
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Defendant: Lending 1st Mortgage, LLC
Represented By: John Thomas Aldrich
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Defendant: EMC Mortgage Corporation
Represented By: Robert Sterling Beall
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